The objective of this research was to investigate the perceptions and experiences of educators and Grade 6 and 7 learners on the effectiveness of school rules at public primary schools within the Fezile Dabi school district. Chapter Two of this dissertation focused on the specific identification of what effective school rules comprise of, as perceived by the academic community. In order to provide the reader with an overview of the nature of effective school rules, this chapter was divided into providing a short historical reflection on discipline, looking at the nature of discipline, developing a South African framework for legal school rules and taking note of international and foreign law relevant to the topic of this dissertation. The researcher then discussed the outlines of the research design used to collect, edit and analyse the data in Chapter Three. The chapter included the research paradigm, and the difference between research designs was highlighted to motivate the choice for the research design. The research design chosen for this study was a quantitative design. The researcher also indicated that she used a pilot study while conducting the empirical research of this dissertation. It was followed by the data collection method and the data collection strategies were discussed. Reliability and validity were dealt with and the guarantees thereof included. The chapter negotiated ethical considerations and ended with a discussion of foreseen research challenges. The data were extrapolated from questionnaires. This study was conducted at 6 primary schools in the smaller Metsimaholo district. Learner participants (n = 421), as well as educator participants (n = 54), were selected to answer the same/similar questions on the effectiveness and experiences concerning school rules so as to enable comparisons of learners and educators’ perceptions of learner misconduct. The data were analysed and interpreted. Learner responses were used to determine the factor analysis, after which the same factors were applied for educators. The empirical study led to the following findings: • According to this study, it appears that educators with more experience than the average educator do not necessarily have command of content on the contemporary approach to dealing with learner discipline, which may contribute to learner misconduct. • According to the responses of participants, it seems that the role players are not aware of their influence on one another in terms of learner misconduct. *Educators are not aware of the influence of gang activities on learners. *Educators are not aware of the high prevalence of abuse within their school communities. *Learners are not aware of the educators’ concerns for the influence of family structures and divorces. *Educators feel that they are not respected by parents. • Learners acknowledge that they have less control over and input into the drawing up of school rules, than educators are willing to admit. • Some learners indicate that educators turn to illegal forms of punishment in a desperate attempt to maintain discipline. / MEd, North-West University, Vaal Triangle Campus, 2012

O objetivo do presente trabalho consistiu na análise das ferramentas utilizadas pelo Direito para a proteção do meio ambiente. Para a sua consecução, estudou-se doutrina, legislação, jurisprudência e dados fáticos disponíveis em veículos de mídia digital ou impressa e sítios eletrônicos oficiais. Foram, também, conduzidas entrevistas com autoridades públicas do Estado de São Paulo e visitas a proprietários de imóveis rurais. As constatações revelaram a pluralidade de ângulos sob os quais a temática da proteção do meio ambiente pode ser encarada. As principais contribuições desta pesquisa consistiram na demonstração da insuficiência do sistema de sanções negativas para a proteção do meio ambiente, sendo indispensável a criação de incentivos positivos às práticas favoráveis ao meio ambiente. Os principais temas desta dissertação foram tratados em capítulos próprios e puderam ser assim elencados: (i) o Direito Positivo e as normas jurídicas comentários quanto à positivação do Direito e a importância das normas ; (ii) a evolução do Direito Ambiental no Brasil e a sua finalidade tendências do Direito Ambiental no Brasil e a busca da proteção ambiental ; (iii) o regime de sanções negativas maneira como as sanções negativas são aplicadas e seus resultados ; (iv) o regime de incentivos maneira como os incentivos positivos são aplicados atualmente e propostas de utilização em outros casos ; (v) experiência brasileira na concessão de incentivos ambientais as previsões normativas já existentes e os resultados alcançados no Brasil ; e (vi) o Direito Internacional Ambiental e a experiência dos países na concessão de incentivos comentários sobre tratados internacionais e normas internas de outros países que utilizam incentivos positivos para a proteção do meio ambiente. Foi apresentado um conjunto de reflexões críticas com base no material analisado e no diálogo com autoridades públicas, acadêmicos e cidadãos brasileiros na vivência profissional do pesquisador. / The scope of this work was to study the tools provided by the Law for the protection of the environment. For this purpose, this work analyzed the following material: doctrine, legislation, jurisprudence and factual data available on digital or printed media channels, as well as official websites. Interviews with public authorities of the State of São Paulo and visits to rural properties were also carried out. The findings disclosed various points of view regarding environmental protection. The main contributions of this research consisted in demonstrating the failure of the system based on negative sanctions for the protection of the environment, reason why positive incentives for environmentally friendly practices must be created. This dissertation discoursed on the following main themes: (i) the Positive Law and the legal rules comments on the positivation of the Law and the importance of statutes ; (ii) the evolution of the Environmental Law in Brazil and its goal tendencies of the Environmental Law in Brazil and the pursuit of environmental protection ; (iii) the sanctions regime how penalties are applied and what are their results ; (iv) the incentives regime how positive incentives are currently applied and proposals for enforcement ; (v) the Brazilian experience in the enactment of environmental incentives the legal rules currently applicable and the results observed in Brazil ; and (vi) the International Environmental Law and the experience of countries in the giving of incentives comments on international treaties and domestic rules of countries that enacted positive incentives for the protection of the environment. The study formulated critical findings based on the material analyzed and on discussions held with public authorities, students and citizens during the professional experience of the researcher.

The objective of this research was to investigate the perceptions and experiences of educators and Grade 6 and 7 learners on the effectiveness of school rules at public primary schools within the Fezile Dabi school district. Chapter Two of this dissertation focused on the specific identification of what effective school rules comprise of, as perceived by the academic community. In order to provide the reader with an overview of the nature of effective school rules, this chapter was divided into providing a short historical reflection on discipline, looking at the nature of discipline, developing a South African framework for legal school rules and taking note of international and foreign law relevant to the topic of this dissertation. The researcher then discussed the outlines of the research design used to collect, edit and analyse the data in Chapter Three. The chapter included the research paradigm, and the difference between research designs was highlighted to motivate the choice for the research design. The research design chosen for this study was a quantitative design. The researcher also indicated that she used a pilot study while conducting the empirical research of this dissertation. It was followed by the data collection method and the data collection strategies were discussed. Reliability and validity were dealt with and the guarantees thereof included. The chapter negotiated ethical considerations and ended with a discussion of foreseen research challenges. The data were extrapolated from questionnaires. This study was conducted at 6 primary schools in the smaller Metsimaholo district. Learner participants (n = 421), as well as educator participants (n = 54), were selected to answer the same/similar questions on the effectiveness and experiences concerning school rules so as to enable comparisons of learners and educators’ perceptions of learner misconduct. The data were analysed and interpreted. Learner responses were used to determine the factor analysis, after which the same factors were applied for educators. The empirical study led to the following findings: • According to this study, it appears that educators with more experience than the average educator do not necessarily have command of content on the contemporary approach to dealing with learner discipline, which may contribute to learner misconduct. • According to the responses of participants, it seems that the role players are not aware of their influence on one another in terms of learner misconduct. *Educators are not aware of the influence of gang activities on learners. *Educators are not aware of the high prevalence of abuse within their school communities. *Learners are not aware of the educators’ concerns for the influence of family structures and divorces. *Educators feel that they are not respected by parents. • Learners acknowledge that they have less control over and input into the drawing up of school rules, than educators are willing to admit. • Some learners indicate that educators turn to illegal forms of punishment in a desperate attempt to maintain discipline. / MEd, North-West University, Vaal Triangle Campus, 2012

Made available in DSpace on 2016-04-26T20:22:46Z (GMT). No. of bitstreams: 1 Maria Cristina Barboza.pdf: 1266893 bytes, checksum: c1c4f82b5b7bfb3983a880a64ae4df13 (MD5) Previous issue date: 2014-04-28 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / This study aims at understand the function of the Writ of Injunction, having in mind the fact that it constitutes a guarantee instrument for the fundamental rights as well as for solving cases of legislative omission. To do so, the author analyzed the position of the doctrine and the Brazilian Supreme Court's decisions on proceeding and trials, as well as the performance of the Writ of Injunction in the judicial control of constitutional omissions, in ensuring the effectiveness of constitutional norms, in ensuring the exercise of fundamental rights, and in solving, even through provisional and supplementary solutions, the unconstitutional legislative omissions. Eventually, the Bill that seeks to regulate the section 5, item LXXI of the Constitution of 1988, currently proceeding in the National Congress, was analyzed / O trabalho busca compreender as funções do Mandado de Injunção, tendo em vista tratar-se de um instrumento de garantia de direitos fundamentais e de solução de omissões legislativas. Para tanto, foi analisada a posição da doutrina e da jurisprudência com relação a sua tramitação e julgamento, assim como a atuação do Mandado de Injunção no controle de inconstitucionalidade judicial de omissões, na garantia da eficácia das normas constitucionais, na garantia do exercício de direitos fundamentais, e na solução, mesmo que provisória e supletiva, das omissões legislativas inconstitucionais. Por fim, foi analisado o Projeto de Lei atualmente em tramitação no Congresso Nacional, que objetiva regulamentar o art. 5º, inciso LXXI da Constituição de 1988