Orientador: Eduardo Fagnani / Dissertação (mestrado) - Universidade Estadual de Campinas, Instituto de Economia / Made available in DSpace on 2018-08-18T02:26:14Z (GMT). No. of bitstreams: 1 Neves_FernandoJunqueira_M.pdf: 2691016 bytes, checksum: 87cb3594d755a1c09d87dec0ed4af4e6 (MD5) Previous issue date: 2011 / Resumo: Os setores conservadores jamais aceitaram o notável pacto social estabelecido pela Constituição de 1988. Resistem, desde então, a aceitar o que reza a Constituição da República, sobretudo nas conquistas no campo da Seguridade Social, da qual a Previdência Social é parte integrante. O presente estudo tem como objetivo geral apresentar um contraponto à visão conservadora e refutar a tese de que o sistema previdenciário brasileiro é excessivamente oneroso para o Estado e que, em um futuro breve, será o responsável pela ingovernabilidade fiscal no país. O capítulo 1 trata das principais conquistas da Carta de 1988 e do importante papel da Seguridade Social na proteção social e na distribuição da renda - fato, esse, totalmente ignorado pelos adeptos da visão conservadora. O capítulo 2 procura desenvolver o argumento de que a natureza da questão do financiamento da Previdência Social é preponderantemente exógena, isto é, está mais relacionada ao estreitamento das fontes de financiamento do sistema, consequência das opções macroeconômicas adotadas nas últimas décadas baseadas em baixo crescimento econômico, que desorganizaram o mercado de trabalho e estreitaram as bases de financiamento da Previdência. O capítulo 3 ressalta que a trajetória de crescimento das despesas previdenciárias ocorridas nos anos 1990 e, parcialmente, na década seguinte foi atípica e que esse ritmo de crescimento não prosseguirá nas próximas décadas, como pregam os setores conservadores, o que levaria o País à catástrofe fiscal em futuro próximo. O capítulo 4 procura demonstrar como a difundida tese da falência da previdência social brasileira, devido ao seu suposto ?déficit explosivo?, não se sustenta à luz da Constituição Federal. Uma análise das contas da previdência social de acordo com os preceitos definidos em 1988 mostra como o mito do déficit na previdência social se desfaz e novas possibilidades de financiamento da previdência se abrem / Abstract: The conservative sectors have never come to terms with the remarkable social pact that was established with the Constitution of 1988. They have since resisted to accept what the Constitution of the Republic has established, especially when it comes to accomplishments in the welfare realm, which encompasses the area social security. In general terms, this study aims at presenting a counter-argument to the conservative view, and contesting the thesis that states that the Brazilian social security system is excessively burdensome to the State, and may, in the near future, become responsible for the country's fiscal ungovernableness. The first chapter deals with the main achievements of the 1988 Magna Carta, and with the important role played by the social security system in terms of social protection and income distribution - which has been completely ignored by those following the conservative point of view. The second chapter aims at developing the argument that the nature of the issue of finance is mostly exogenous, i.e., it is more closely related to the narrowing of the social security system's financing sources - a consequence of the macro-economic choices made in the last decades, with a basis on the low economic growth experienced - that disorganized the labor force and narrowed the social security financing bases. The third chapter highlights that the growth course of pension expenses which occurred in the 1990's and in part of the following decade was atypical, and that this growth rhythm will not proceed in the next decades - as the conservative sectors support -, which would lead the country to a fiscal catastrophe in the near future. The fourth chapter demonstrates that the widespread thesis of the Brazilian social security failure, due to its assumed ?explosive deficit?, is not supported under the light of the Federal Constitution. An analysis of the social security accounts as per guidelines defined in 1988 shows how the myth of the deficit comes apart, and new financing possibilities come to light for the social security system / Mestrado / Economia Social e do Trabalho / Mestre em Desenvolvimento Econômico

Orientador: Gastão Wagner de Sousa Campos / Dissertação (mestrado) - Universidade Estadual de Campinas, Faculdade de Ciências Médicas / Made available in DSpace on 2018-08-22T14:11:19Z (GMT). No. of bitstreams: 1 Monte-Cardoso_Felipe_M.pdf: 1128961 bytes, checksum: 79bf3c446afd7b22c866befd436b70ff (MD5) Previous issue date: 2013 / Resumo: Dentre os impasses vividos pelo Sistema Único de Saúde (SUS), discutem-se atualmente questões relativas à privatização da gestão e da assistência, ao subfinanciamento, à separação entre ações de saúde curativa e de saúde preventiva e às profundas assimetrias sociais no acesso aos bens de saúde. Este estudo busca colocá-las em perspectiva histórica, ao analisar a formação do modo de produção de saúde durante a ditadura civil-militar de 1964 a 1985. Para tanto, se buscará compreender o problema da saúde nos marcos da questão social dentro do processo de formação histórica da sociedade brasileira a partir de revisão bibliográfica. O debate sobre a formação compreende o Brasil como uma sociedade capitalista dependente, caracterizada por uma dupla articulação que combina subordinação externa e segregação social, e advoga a necessidade histórica da superação deste padrão. Durante a ditadura, a lógica dos negócios como estruturante da política de saúde e a modernização dos padrões de consumo no setor foram aspectos estimulados pelo regime, reproduzindo o caráter segregador da saúde no Brasil. Com relação ao primeiro aspecto, a unificação do aparelho previdenciário favoreceu o aprofundamento do modelo de privatização, através do estímulo ao setor privado contratado, bem como aos convênios firmados com empresas, e incentivo estatal para construir e equipar hospitais privados para servir ao sistema previdenciário. O caráter dispendioso do modelo, o uso do fundo previdenciário para outros fins (grandes projetos de infraestrutura) e o acúmulo de casos de corrupção contribuiu para agravar a crise financeira da Previdência Social de fins da década de 1970. Os serviços de saúde previdenciários passaram por um processo de integração aos demais serviços do sistema público como forma de superar a crise, sem, no entanto, transformar o caráter segmentado, lucrativo, privatista e heterogêneo do sistema de saúde. Com relação ao segundo aspecto, a chegada das empresas transnacionais farmacêuticas e de equipamentos e insumos ao Brasil, potencializada pelo regime ditatorial, transformaram as práticas de saúde, aprofundando em escala inédita o trabalho centrado no médico e em procedimentos com alto grau de incorporação tecnológica e dissociados da realidade sanitária brasileira. Estas transformações, afinadas com a expansão do modelo previdenciário privatista, baseadas no mimetismo cultural dos países centrais, terminaram por agravar a dependência brasileira dos produtos das transnacionais, bem como as distorções geradas por este modelo. A crise dos anos 70 e 80 explicitou estas contradições e acelerou a maturação dos movimentos de contestação ao regime e ao modelo de saúde brasileiro, que se aglutinaram em torno da necessidade de uma Reforma Sanitária. Estes movimentos questionaram as bases das práticas sanitárias vigentes e propôs uma estratégia de mudança do setor centrada em reformas do aparelho de Estado apoiadas pela pressão popular. No entanto, a transição pelo alto que caracterizou o fim da ditadura representou a manutenção do monopólio de poder político nas mãos da burguesia dependente, sob a tutela dos organismos financeiros internacionais e em vigência de mais um ciclo de privatização da assistência à saúde, comprometendo o caráter profundamente transformador e democrático das proposições reformistas / Abstract: Among the dilemmas experienced by the Brazilian Unified Health System (SUS), current issues are related to the privatization of management and assistance, the underfunding, the separation between health actions curative and preventive health and the profound social inequalities in access to health goods. This study tries to put them in historical perspective, to analyze the formation of the health production mode during the civil-military dictatorship (1964 to 1985). To do so, it will be tried to understand the health problem in the framework of social issues within the historical process of the Brazilian society formation from a literature review. The debate over the formation comprises Brazil as a dependent capitalist society, characterized by a double articulation that combines external subordination and social segregation, and advocates the necessity of overcoming this historical pattern. During the dictatorship, the business logic structuring of health policy and modernization of consumption patterns in the sector aspects were encouraged by the regime, reproducing the segregated character of healthcare in Brazil. Regarding the first aspect, the unification of the social security favored deepening of the privatization model, by encouraging the private sector contractor, as well as agreements with companies and state incentives to build and equip hospitals to serve the social security health system. The expensive nature of the model, the use of social security fund for other purposes (such as large infrastructure projects) and the accumulation of corruption gates contributed to aggravating the late 1970s' financial crisis of Social Security. Health services went through a process of integration with other services in the public system as a way to overcome the crisis, without, however, transforming the segregated, profitable, privatized and heterogeneous character of the health system. Regarding the second aspect, the arrival of transnational corporations (pharmaceutical and medical equipment and supplies) to Brazil, boosted by the dictatorial regime, transformed health practices, deepening in an unprecedented scale work focused on medical procedures and with a high degree of technological incorporation disassociated from reality of Brazilian health needs. These transformations, in tune with the expansion of privatizing social security model, based on cultural mimicry of central countries, ended up aggravating the dependency of Brazilian products of transnational as well as the distortions generated by this model. The crisis of the 70's and 80 made these contradictions explicit and accelerated maturation of movements against the regime and Brazilian health model, which coalesced around the need for health reform. This movement questioned the basis of the existing sanitary practices and proposed a strategy for change in the sector based on reforms of the state apparatus supported by popular pressure. However, the "transition from above" that characterized the end of the dictatorship represented maintaining the monopoly of political power in the hands of the dependent bourgeoisie, under the tutelage of international financial organizations and in the presence of another cycle of health care privatization, compromising the profoundly transformative and democratic character of the reformists' propositions / Mestrado / Política, Planejamento e Gestão em Saúde / Mestre em Saude Coletiva

The inclusion of the right of access to social security in the Constitution did not meet with wholehearted approval in South Africa. This right, however, is of vital importance for the future upliftment of the country. The present social security system is based upon a clear distinction between social assistance and social insurance. There is a gap in current social security provisions in that the unemployed middle aged individual is not covered. Unemployment itself is one of the greatest challenges obscuring the implementation of a comprehensive social security system. The Constitutional right is to have ‘access’ to social security and the amount of resources at the state’s disposal is directly related to increasing this right, although it is true that a number of available resources are misspent. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of the right of access to social security. The principles of solidarity and ubuntu must be cultivated so that national social development becomes a concern for all citizens. There are numerous problems facing South Africans in attaining the goal of access to social security – even if national social development does become a priority. Budgetary constraints, poverty, unemployment, HIV/Aids and foreigners are examples of these. By making social security a priority for everyone, existing ideas (almost all of which have merit) may be converted into long-term solutions for poverty and unemployment. Currently, numerous opportunities to salvage the situation are being overlooked as a result of the lack of a comprehensive and structured plan to better the access to social security. The constitutional right of access to social security is enforceable, although the jurisprudence in this field remains underdeveloped. Conditions are currently favourable, within the country and beyond its borders, for an imaginative and concerted attempt to be made to find potential solutions. It is possible for resources to be increased and for tax benefits to be incorporated for businesses which have the capacity to contribute. The issue of defence spending is controversial, but could hold the key to lowering unemployment. Should jobs be created, it is likely that they will initially be of a temporary nature. Consequently, provisions are needed to ensure some guarantee of income in the lacuna between when a job is lost and another found. Ultimately, one thing is certain: the constitutional right of access to social security will only be complete once the people who are recipients of this right make sacrifices and create corresponding duties for themselves to ensure that the next generation of inhabitants of this country are not facing similar problems. The state’s goal should be to ensure that the basic rights which all people enjoy in terms of the Constitution (in particular the other socio-economic rights) are guaranteed for the duration of their existence, even if the level of benefits received by such people is low.

No description available.

Loss of earning capacity is a concept that is relevant to actions in which a wrongdoer is held liable for the detrimental effect of his actions on a claimant’s capacity to generate an income.Take the example of a claimant who had worked as a shift leader in a mine but after a damage-causing event is only capable of working above ground as a clerk. By comparing his salary pre-morbid with his salary post-morbid, it is possible to calculate the difference. This difference, if the former is the greater, constitutes the damage suffered by the claimant and, as such, the amount constitutes what he can claim as compensation.In an instance where a person is not in a position to furnish evidence about his earnings pre- and post-morbid, nevertheless, the court may award compensation for the claimant’s loss of earnings.Essentially, the compensation is payment for loss of earning capacity and not for loss of earnings.In making such an award, the court recognises that the claimant experiences a partial or total impairment of his capacity to generate an income.Koch states that in such problematic cases the courts often shy away from quantifying a claimant’s estimated annual income.Instead of employing the sum-formula approach,the courts opt for a general assessment using the “some-how-or-other” approach.What seems at first like a straightforward pre- and post-morbid calculation therefore is fraught with intricate theoretical questions. Although this problem is more evident in cases of unemployed claimants and children, it may also occur in other cases where loss of earning capacity is one of the heads of damages. / Prof. J.W.G. Van der Walt

D.Phil. / Civil society organisations have and will be mentioned as partners, agents and autochthonous actors of social security. This has come about through advances in insurance products, through the kinds of social action engaged in by civil society organisations, and through the devolution of state power to citizens and civil society organisations. Rights to social security are decisively affected by the use of civil society organisations in the social policy field, and the implications of this use are investigated. This reality of the changing nature of social action needs to be brought to bear on human rights, if rights are to respond adequately to the concerns of injustice, inequality and poverty today. The thesis develops a framework within which civil society-based action could be made rights-based and justiciable, and which could guard against the retrogressive substitution of state action by civil society-based activity. Civil society-based action can be seen as upholding rights if it conforms to the fundamental requirements of human rights. These fundamental requirements derive from a performative conception of rights that sees the individual as subject of rights and as the fundamental actor of rights. This view of rights sees rights as dependent on the abilities and volition of all in society, and is presented as an alternative to a realist view of rights, as well as a view of rights as derived from basic human functionings. The intersection of this view of rights, the reality of non-state action for rights, and the legal discourse around socio-economic rights is the central problem that this thesis addresses. The legal discourse has only partially recognised this form of social action, and this thesis proposes a framework within which we may interpret and assess whether civil society action is indeed conducive to the realisation of rights. This framework includes democratic norms for conduct inside civil society organisations, for the interaction between civil society organisations and other actors, like the state and market, and also delineates the role of the court in this performative conception of rights. These interactions will shape the content, and nature of socio-economic rights, and here these insights are made applicable to the right to have access to social security in South Africa. The thesis discusses the suitability of South African civil society for this normative programme developed here. I analyse South African civil society, its historical role in transformation, in the current context, and its place in social and economic policy. There are ample opportunities for participation by civil society organisations in the further reform of the social security system. The realisation of novel ways to realise the right to have access to social security through civil society organisations for South Africans would depend on clarity on how civil society organisations could contribute to the enjoyment, realisation and performance of this right. The framework of accountability developed here has precedents and roots in law, civil society theory and in the discourse of social security. I analyse each, and I show how the social security discourse has incorporated civil society organisations in its historical development. Currently, it is a leading avenue for the further development of this discourse. However, this possibility – which intersects with the discourse of civil society – would depend on civil society being able to realise normative ends in its interaction with wider society. To gain clarity on this I analyse the civil society discourse, and critically point out problems that could stand in the way of this normative project. However, theorists of civil society have emphasised how this problem can be overcome; I draw on these writings to substantiate and legitimate the framework of accountability developed earlier. The realisation of this framework of accountability and action would enable civil society organisations to realise normative ends in society, and thus contribute to the realisation of rights. This vision of how rights could be realised is also discussed from a legal point of view, and I point out the features of the legal discourse that would support my thesis. The central objective of the thesis is to show that the South African constitution can support this reading of rights and the place of civil society action in its realisation.

The legal position of asylum seekers in South African social security system is more nuanced as a result of their transitional stay or status in the country. Asylum seekers may often be present in South Africa for a quite a long time but their social security entitlement is more restricted, and similar to that of temporary residents. For example, asylum seekers’ social security position is completely different from that of refugees. Refugees enjoy the same social security treatment similarly to South African citizens and permanent residents. Refugees qualify for the constitutionally entrenched right to have access to social security, including appropriate social assistance. Refugees also qualify for other socio-economic rights contained in the Constitution of the Republic of South Africa, 1996. The exclusion of asylum seekers occurs despite the fact they are one of the vulnerable groups of noncitizens. Such exclusion forces asylum seekers to live under precarious conditions. It is fundamentally accepted that the drafters of the Constitution included the right to have access to social security, in order to ensure that everyone, irrespective of nationality and citizenship enjoys an acceptable standard of living. It is also fundamentally accepted that the right to have access to social security contained in section 27(1)(c) is limited by section 27(2) of the Constitution. Section 27(2) requires the State to take reasonable legislative measures, within its available resources, to achieve the progressive realisation of the right to have access to social security. The South African courts had on several occasions confirmed that the content of section 27(1)(c) is limited by section 27(2) of the Constitution and that the state cannot implement the right to have access to social security on demand. It had also been confirmed that the right to have access to social security is enforceable. This means the beneficiaries of this right may seek recourse from the courts of law when they are not satisfied about the progress relating to the implementation of the programmes relevant to the right to have access to social security. The right to have access to social security is also limited by section 36(1) of the Constitution. In the international arena, the right to have access to social security is recognised as the entitlement of everyone, but in some instances differential treatment can be made by the states. Such differential treatment should serve the legitimate state objective and all noncitizens should be treated equally.

This study focused on the policy responses formulated by the government of Zimbabwe and their implementation to meet the social needs of the people with special emphasis on the Zimbabwe National Orphan Care Policy (ZNOCP) of 1999. The challenges this policy is facing from the newly evolving structure of the child headed households was the centre of this study. At independence, the government adopted the incremental approach to policy making and extended formal social policy to the previously marginalized black majority. The ZNOCP was introduced in 1999 during the second phase of ESAP. The same period saw the spread of the HIV and AIDS pandemic. HIV and AIDS led to an increase in the number of orphans some of whom ended up in CHH without adult supervision. The day to day challenges of this group of orphans was investigated in Masvingo rural district. For this study both the qualitative and quantitative methodology paradigms were used. Secondary sources such as journal articles, published books and computer databases helped in complementing the field work. Four sets of questionnaires were administered to four groups of people which were the heads of CHH, extended families, community leadership and government officials. The analysis of this study led to the following conclusions about social policy and the plight of children in CHH. Firstly, that social policy has failed in Zimbabwe due to the incremental approach to policy making which was taken by the government because of its nature of being reformist as opposed to being transformative. Secondly, that the xiii ZNOCP is not being properly implemented therefore it does not have any impact on the lives of children in CHH. These children are struggling for basic social services like food and nutrition, clothing, education health, shelter and birth registration. Thirdly, the extended families and the community have been weakened by HIV and AIDS and impoverished by ESAP such that they cannot take care of their own families, let alone their deceased relatives‟ orphaned children as stipulated by the ZNOCP. Finally, the passive role being taken by the government in the care and protection of the children in CHH is detrimental to their welfare. The comparative case study of the Slangspruit informal settlement in South Africa shows that challenges faced by orphans are common. This study therefore recommends that there is need for the review of the ZNOCP. The new policy should come up with child care strategies which take into cognizance the evolutionary nature of the community. A human rights based approach ought to be the basis of child protection interventions in Zimbabwe. The study recommends that all stakeholders from the government down to the community need to fully participate in their various capacities in child care and protection. Resources in terms of finance and human resources should be made available and channeled to the intended beneficiaries. There is also need for capacity building in the communities and to intensify HIV and AIDS prevention, mitigation, care and treatment interventions to reduce the prevalence of orphans.

This thesis describes the analysis of social security in the context of social policy. Main attention is paid to the historical development of social policy or social security and integration into the social security tax system. The aim was to confirm or disprove the hypothesis: "Whether Social Security tax or not." Attention to two major historical patterns, the European developments and the current situation in the area of social policy. Then you take the analysis of social security in the Czech Republic. In the last chapter analyzes income and expenditure on social security and social policy in the Czech Republic and the European Union. Finally, I concluded that Social Security can see the hidden tax, which is very favorable for the tax system.

The Work-Disability Functional Assessment Battery (WD-FAB) is a self-reported measure, developed to allow the SSA to collect systematic and comprehensive information about claimants’ functioning. It consists of eight scales: Basic Mobility, Upper Body Function, Fine Motor Function, Community Mobility, Cognition & Communication, Resilience/Sociability, Social Interactions, and Mood & Emotions. Three studies were conducted to evaluate the WD-FAB and apply it as an outcome measure to examine questions relevant to work disability measurement. "Examining Activity Domain Structure of the International Classification of Functioning, Disability, and Health (ICF)" empirically tests the structure of the WHO’s ICF Activity subdomains by comparing it to the empirical structure of the WD-FAB. The comparison found good alignment between the physical function WD-FAB scales and ICF Mobility; several Activity subdomains converge into Cognition & Communication in the WD-FAB. Mental Functions and certain Interpersonal Interactions converge. A re-organization of the subdomains into distinct, measurable constructs is presented for future ICF revisions. "Who Applies to Social Security Disability Programs? Demographic and Functional Differences among Claimants" examines how Social Security disability claimants compare sociodemographically to the working age US population, assesses differences in claimants’ functional status by demographic characteristics, and showcases a method to detect Differential Item Functioning (DIF), which, once controlled for, minimizes measurement error. 17 items displayed DIF, primarily based upon gender. Claimants were sociodemographically different from the general sample and reported lower functioning. Within claimants, there were very few differences of consequence in function between different sociodemographic groups. "Determining Functional Profiles of Common Conditions explores the relationship between diagnoses and function." Common patterns of diagnoses among claimants were identified: musculoskeletal, cancer, multisystem, neurological & sensory, and mental conditions. Many of the diagnosis groups showed unique functional features. The identification of functional profiles for different condition groups suggests that WD-FAB scores may add value to the disability determination process. There is no single litmus test for work disability, but incorporating self-reported experiences is becoming an increasingly common focus in the field. This work demonstrates how a conceptually grounded self-reported measure of functioning can be used to understand the condition of individuals whose health limits their ability to work.