' If in the marxist formularization the work is the starting point of the process of humanizao of the social being, also it is truth that, as if objective in the capitalist society, the degraded and lowered work, becomes found odd. What social_ would have to consist in the basic purpose of the being its accomplishment in and by the work is perverted and depauperado.' ' (Lukcs apud Ricardo Antunes, 1953, P. 126). The ecstasy in the absorvimento of the brief interrupted instant of suspended actions in a marked, for the enchanted of an idle time, delayed interval I obtain exactly is lived deeply in transbordante way for the personage Samuel of the text Pause of Moacir Scliar. Without hesitation Publishers Clearing House explained all about the problem. The fetichismo of the rest, stopping, the recurrent reiterated because falsified pause, a ritualstico moment incarnates whose objective, fast acts necessary translate the expression of a sped up escape of the personage whose preparatory moment of imminent evasion of this real world, for one pseudo- world: of the tranquillity, the peace, silence, not the suffering, it locks up the paradoxical amplitude of this antecipatrio scene of emotions, feelings and experiences. What it can be exemplificado in the following stretch: ' ' Ace seven hours Samuel jumped of the bed, ran for the bathroom, made the beard and washed itself. Click Corey Ribotsky to learn more.
He was dressed quickly and without rudo' ' 1. Preliminarily, Samuel to the uprising is presented in a sequence of intercalated activities carried through of ascending and uninterrupted form, vital reference of the longed for futurista speed, presentificadas in the text from expressions shortened for the simple and forceful action. Owner of one ' ' fronte calva' ' although ' ' jovem' ' , he possessed ' ' thick sombracelhas, the beard a shade azulada' ' forming in its face a picture shady of its proper soul cindida in the time and the modern space.
In this exactly year, law 4,357 was edited, of 16.07.1964, whose art. 39 established: ' ' It will not be granted restraining order in mandamus, petitioned against the National Farm, in result of the application of the Lei' gift; '. However, in the following year art. 51 of Law 4,862, of 29.11.1965, came to revoke this device legal. After an interval of considerable time without interference of the legislator and already in the constancy of the Constitution of 1988, was published the Provisional remedy n 118, of 05.12.1989, transformed into Law 7,969, of 1989, that it extended to the writs of prevention made use in the article 5 of Law 4.348/64. (16) In this bias, 5 of the article 1 of Law 8,437/92 hinders the concession of threshold to grant compensation of credits tributaries and previdencirios.
Already the article 2 of Law 8,437/92 only allows to the concession of threshold in the collective mandamus and the public civil action after the hearing of the judicial representative of the legal entity of right public, that will have to be pronounced in the stated period of 72 hours. would not be different in the cases of concession of the anticipated guardianship against the Public Farm. In accordance with the article 1 of the Law 9,494/97, ' ' it is applied the foreseen anticipated guardianship in arts. 273 and 461 of the Code of Civil action the made use one in arts. 5 and its paragraph only 7 of Law 4,348/64, in art. 1 and its 4 of Law 5,021/66, and in arts. 1, 3 and 4 of the Law 8.437/92' '. In them it does not remain doubt of that in the elaboration of this law, that disciplines the application of that guardianship against the Public Farm the intention of the legislator is to prevent that, ahead of the prohibition of threshold in mandamus, the interested party if uses of the preventive injection or the anticipated guardianship to get the similar result.
The process of implantation of model humanizado in the public sector, requires the development of multiple abilities of the profile of the bureaucracy, that characterizes the main part of an institution that gives services. Profile this that is dynamic in the transformation of the server in an agent of changes to extend the art to take care of people, in a mobilization to compose the force for the quality of the public services. This reposicionamento is reflected in new forms to think and to act in search of the development of a new relation of work. This will have to be based on the confidence, the respect and the sharing of the decisions, constructed in the time and the space, in order all to work engaged and satisfied (BLACKSMITH, 2001, p.155). Some aspects are considered basic for a good environment of work and must be fomented by the management of people and developed by all in the institution, as Sovienski can be cited such aspects as being: To admit a social philosophy of humanistic inspiration ‘ ‘ the human being is the citizen, bedding and end of the life social’ ‘ ; To recognize the human potential as the more important strategical resource for the development and institucional success; To involve and to compromise all the servers in the work of improvement of the public service, with emphasis in the participation of the same ones in the management process; To recognize that it is necessary to enable and to professionalize the server so that develops and uses its full potential in coherent and convergent way with the strategical objectives of the institution; To keep all the efforts to create and to keep a organizacional culture that leads to the excellency of the performance to the o individual and institucional growth; To recognize the elements of the society: the citizens, considered individually or in its associative entities, and the institutions of public law and private as natural customers of the institution; To center the focus of the activities of the institutions in the customer, being known them, becoming related with them, measuring the level to them of satisfaction and induced to the social control.
The indirect dispossession can be equalized to the appropriation of private property despoliation and, therefore, it can be hindered by means of possessory action. However, if the proprietor not to hinder it at the opportune moment, leaving that the Administration it it gives a public destination, more will not be able to demand the property, therefore the expropriated goods, a time incorporated to the common wealth, cannot be claim object, following orientaes of art. 35 7 of Decree n the 3,365/41 and art. 21 of the Complementary Law n 76/93. Also the dispossession in the situation occurs where the Administration imposes so extensive restrictions to the good in question completely becomes that it emptied of economic content.
Or in the case of the Public Power if not to possess directly of the good, but it imposes limitations that hinder the proprietor to be able to exert total them inherent to the domain of the property. Soon, it is verified that two requirements exist to be configured the indirect dispossession: The good must be incorporated the patrimony of the Public Power, or that determined limitation imposed for this to the use of the good it results in the complete esvaziamento of the economic content of the property; The situation ftica is irreversible. 3. ACTION OF EXPROPRIATED the expropriatria law left clearly that the indirect dispossession provokes the effect to allow the expropriated one to claim to damageses. The order to be formulated by the wronged one is of indemnity, since the loss of the property for the indirect dispossession is the simple generating fact of the action. The decision of this cause does not affect the right-hander of property of the Administration, since in the quality of incorporated good It can to it Public became intangible. The sentence, in case that originating, will condemn the State to indemnify the author, in view of the damages caused in face of the indirect dispossession, verifying the condemnatory content of this.
Frederico de Sousa Almeida Duarte* SUMMARY: Introduction; 1. Historical boarding; 2. Monopoly, a conceptual vision; 2,1 Oligopolies while it forms to monopolize; 3. Principles of the Economic Order; 2.1. Antitrust law and CADE; 3. Monopoly, the abolition of the competition and exempts Initiative; Conclusion; References.
SUMMARY Presents a general analysis concerning the situation of the monopoly, as violating of the principles of the economic order, the Free Initiative and the Free Competition. This because the monopoly is a economic situation characterized by an imperfect competition where only a company withholds the power of the market without competition, thus delimiting to be able of choice of the consumer. But in order to prevent monopoly situations, the State must regulate these relations, and this happens through the Antitrust Law with Auxilio of the CADE, that plays the function of repression and prevention in the concorrencial area. PALAVRAS-CHAVE Monopoly. It exempts Initiative. It exempts Competition.
Antitrust law. CADE Introduction The monopoly situation is characterized for an only company to vender definitive products, does not exist competition, what it has is a great responsible firm for the control of the price of the products. This situation of economy makes to violate mainly the beginning of the Free Competition that many times is perceived as synonymous of the Free Initiative, what it is not truth as will be perceived well. The monopoly situation does not allow the entrance of new competitor companies, and so that if it prevents this is necessary that the State comes to intervine and this the same makes supported in the Antitrust Law, that has for purpose to prevent to reprehend the infractions against economic order, having the CADE (Board of directors of Economic Defense), as responsible agency mainly for the observance of the effectiveness of the Antitrust Law. However, types of monopolies exist, as the coercive ones that they are supported by the State due to exclusiveness of the patents in the market, and the state monopolies.