Paulo Cesar Delayti Motta

Mandando Montesquieu às favas: o caso do não cumprimento dos preceitos constitucionais de independência dos três poderes da república

The division among the legislative, executive and judicial functions, as well as among the activities necessary to administrate the State in an environment of res publica, known as division of powers, with mutual tasks but not exclusively to each one, is an old lesson left by Montesquieu. In the Brazilian case, although the 1988 FC is considered as being the Citizenship Constitution, it presents problems of origin, being the fact of having adopted a presidential form of government but having attributed to the Congress competences appertaining to parliamentary systems the major one. Such a design, per se full of contradictions, allied to the tradition and the weight of the civil vis-a-vis the uses and costumes law and, although being a Federate State, results in an excessive amount of competences in the Unions hands. Having in sight these vices and contradictions, this paper discusses, based on a bibliographic research and secondary data, how the interdependency among the three Powers resulted in an out of control process of usurping the attributions and competences one from the other. Thus, a basic tableau is presented establishing the main points of Montesquieus postulations and how these aspects are present in the tripartite model of government, namely presidentialism, highlighting the peculiarities of the Brazilian context, emphasizing some important institutional aspects of the national political system: multipartidarism in a bicameral federal system; the great number of parties; the difficulty of, as the result of a popular consultation, a single party getting a majority in both parliamentary houses; functional-physiological parliamentary alliances; and the parties national character. Afterwards, some examples are discussed on how the Executive usurps the legislative power via Provisional Measures which end up clogging the Legislative agenda, although the Constitutional text postulates that the usage of this instrument be only in cases of urgency and of relevance; how the Judiciary also ends up legislating because of the Parliaments omission in important matters; and as how the Judiciary not only press the Executive to establish and implement action strategies, as well as assumes actions that are of its original competency. The scenario, as it can be perceived, is quite complex; in this environment, the interferences of a Power upon the dominions of another are much more consequence than original fact. This impact heavily upon the formulation and implementation of public policies, as has been shown by the divulgence about what is happening in the areas of health and the execution of the liberty restricting penalties in prisons. The tripartite model postulates the equilibrium among the powers, with neither concentrating nor having an absolute separation among them, which is not being the case nowadays in the country.

Construindo Pontes entre Saberes: da literatura à gestão

Despite some differences, the domains of Literature and Management have overlapping areas, which enables the use of one of them (in this case, Literature) to study and widen the knowledge on the other (Business). The present article aims to show some of the contributions from the arts to organizational studies and reporting and sharing the experience of the Literature & Management Project with the academic community, as well as offering critical comments on it. The Project, through the reading and analysis of selected texts, is not only intended to be another source of knowledge acquisition, but also to develop and enhance competencies required for future professional activities of the Business School students. Although the focus has been the teaching and learning process for university students, it can be expanded to the corporate environment, where it can be developed as seminars and role-playing activities. This represents a wide field that has not yet been fully explored.

Ambiguidades metodológicas do just-in-time

Este artigo mostra os problemas semânticos e epistemologicos existentes na literatura sobre o Just-in-Time (JIT). As disparidades discutidas, quer na conceituacao do JIT, quer na caracterizacao das suas normas e regras operacionais, foram identificadas tanto em autores nacionais quanto estrangeiros. Pela sua importância como um dos melhores autores que trata do JIT, o livro de Richard T. Lubben, Just-in-Time: uma estrategia avancada de producao (1989), e analisado em profundidade. Mas Lubben tambem se destaca pela profusao de conceitos contraditorios e incongruentes, semântica e epistemologicamente, para caracterizar o JIT. Finalmente, o artigo mostra que o JIT se encontra no campo epistemologico do conhecimento tecnico, constituindo, portanto, um conjunto de normas e regras para intervir na realidade