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O positivismo jurídico como fundamento da educação do bacharel em direito: a concepção do objeto como condicionante do modo de ensino
(Universidade Federal de São Carlos, 2005-12-16) Mesquita, Márcio Satalino; Tagliavini, João Virgílio
Starting from the idea that the philosophical law conception accepted, consciously or unconsciously, determines, or at least conditiones significantly, the law teaching, the author examines the legal acts that rules the law schools curriculum directives in Brazil, as well as the educational programs and some courses descriptions of law graduation at the USP Universidade de São Paulo Law School and FADISC Faculdades Integradas de São Carlos Law School, and questions of some admission examinations of Ordem dos Advogados do Brasil, Seção de São Paulo (Brazil s Bar Association, Section of São Paulo). This analysis, which includes an examination of accepted bibliography references and other teaching practices, is done aiming at the identification of the determinations or conditionings of legal positivism accepted as the predominant philosophical law conception in Brazil about the teaching way. Towards, the author describes the legal positivism concept and identifies its main characteristics, mainly its more sophisticated version, using the Hans KELSEN s work, specially referring to the distinguishing between Natural Law and Positive Law, as well as referring to the supremacy of statute as law source and about its hermeneutics peculiarities. The author makes an effort to establishes distinguishings and similarities between legal positivism and Auguste COMTE s positivism, as well as between legal positivism and neo-positivism. The issue of the practicability of a juridical science understood as the currently dominant paradigm and as relevant legal positivism characteristic is treated by the author incidentally, making criticisms about objective verifiability of legal rules, about legal or illegal human behaviors; about the possibility of legal logics development; and about the juridical science object delimitation, based on the Karl POPPER s empiric science concept. For the criticism of the juridical science object delimitation, in the conception of the legal positivism, the author develops, as a category of analysis, the statute fetishism concept, based on Karl MARX s commodity fetishism concept. Throughout the examination of the mentioned empiric data, including comparative analysis with statute texts, the author establishes the characteristics of the so called Positivist Law Teaching, about curriculum directives, the way of making the curriculum, the courses contents, the doctrine and the evaluation way. Finally, the author indicates the consequences of positivist law teaching, concerning to normative reductionism, normative abstractionism, non-historicism, and legal technicism, and proposes a new approach of law teaching, about the abandoning of scientific paradigm, and about the enlargement of the study object limits.
Análise da relação franqueador-franqueado em redes de franquias de alimentos
(Universidade Federal de São Carlos, 2005-12-16) Silva, André Gustavo Alves da; Azevedo, Paulo Furquim de
This dissertation investigates the organization architecture of franchise chains in Brazil, particularly in food franchising. We analyze the organizational architecture by means of a set of variables that allows to classify franchise chains in accordance with the typology of franchising generations, as it is usual in the franchising literature. In order to proceed with the analysis, this dissertation carried out an extensive survey with 223 Brazilian franchise chains and a qualitative research with six case-studies in food franchising. After a general description of the franchising system, the dissertation analyzes the organizational architecture of Brazilian franchise chains focusing on the following features: contractual mix, risk of brand name loss, upstream and downstream coordination. Based on these features, the dissertation describes the concept of franchising generations. In order to distinguish franchising generations, the following characteristics are investigated: number of company-owned and franchised units, experience in franchising, required standardization, consumer sensitivity to variation in product attributes, and governance structures in upstream and downstream transactions. By means of these variables, the dissertation classifies franchise chains into the two most relevant franchising models, the 3rd and 4th generations, i.e., Business Format Franchising and Learning Network Franchising. The empirical analysis indicates that the features of 3rd and 4th generation are sometimes present in the same chain, suggesting that there is a continuum between these two ideal models to organize a franchise chain.
O professor de educação física no primeiro ano da carreira: análise da aprendizagem profissional a partir da promoção de um programa de iniciação à docência.
(Universidade Federal de São Carlos, 2005-12-16) Ferreira, Lílian Aparecida; Reali, Aline Maria de Medeiros Rodrigues
The aim of this investigation is to analyze the professional learning of the Physical Education teachers in the first year of their careers in which they experienced an induction program with one mentor (author of this study). This investigation occurred because beginning the teacher s career implicates in a variety of experiences positive or not that can influence in the constitution of belief, knowledge and beginner teacher s pedagogical action. The impacts of this initial process in the profession can lead the teacher to construct different professional ways. The most radical one is giving up the teacher s career. Nevertheless, we can also clarify the immediate disillusion with the profession without quitting it, what can result in a professional practice unconcerned with the students learning. With the purpose of helping the professional beginning in a less negative way, offering support and formative direction about learning and development of the profession and helping in the socialization with the scholar culture, the induction program with mentors are suggested. These programs are held in continuous formation and are important because they can help beginner teachers by facilitating the construction of a support net and a link between initial formation and professional development alongside the career. The theoric-metodological reference was based in the themes: professional learning teacher, professional development, teacher thinking, induction program based in mentors, reflexive teacher and teachers narrative. To orientate this study a research-intervention was developed according to a collaborativeconstructive pattern of continuous formation and of interaction researcher-teacher. The resource used to collect of dates was the diary of class and the semi-structured individual and collective interviews. The results showed that the teachers experienced a variety of emotions, personal and professional challenges. They had difficulties to understand the students, the principal and the other teachers, the physical structure of school and the material of the classroom. However, as the time passed by, the young teachers understood the students, the principal and the other teachers better. In this learning process of understanding and being understood the teachers built several action strategies. They established routines, they made deals with the students, and they negotiate with the principal and the other teachers. The induction program with mentor contributed with the necessities which are part of the beginning of teaching career and detailed elements that are a challenge to the process of continuous formation in general.