Vagabundos e criminosos: o trabalho como mecanismo de poder e índice de criminalização no discurso jurídico-penal de reinserção social dos apenados

This study was a critical investigation of the configuration of discourse on work in the Brazilian criminal legal discourse. We problematized the discourse of an alleged reintegrative social function proposed by the criminal legal system and analyzed the role of such discourse in the core of disciplinary power strategies that impose on individuals the honest worker condition as a major criterion for their rehabilitation and return to society as citizens. This critique is our starting point to build the argument that discourse on work as it appears in current criminal legal texts operates more as a criminalization index of those who do not have a lawful occupation than a guarantee of legitimate social transit for convicts and recognition of their dignity. For this purpose, we used as corpus the main sources of Law, namely the Federal Constitution of 1988, the Penal Code, the Penal Execution Law, the Brazilian criminal doctrine and an extensive, more recent penal jurisprudence with regard to techniques of resocialization through work. This critical line enabled us to recognize complexity and plurality of discourses - antagonistic, at times - that build the world of work as portrayed in legal texts. We also sought reference in the discussion on the centrality of work as a formative category of the social being as well as theories that defend the non-centrality of work. Throughout our investigation, we sough to question the very condition of such centrality and to understand the ways in which it was possible to produce a legitimating discourse on work as a model of emancipatory social conduct defended and demanded by the Brazilian punitive system. In a context of precariousness, unemployment and flexibilization of the world of work in contemporary society, convicts hardly ever succeed to resume the identity of honest, hard-working citizens - and no longer offenders. In this context, we also questioned the formulation of a discourse that speaks about human labor as the essence of man and criticizes the Marxist vision that is based on work centrality, and we approached the concept of Michel Foucault, our theoretician of reference, who understands work more as a mechanism of power that promotes the individuals’ submission and adaptation to a goods-producing society than the natural activity of man. We ascribe our study to the field of questions that tackle the political conception of the body as subject to labor imposed as productive and political force. It is about the issue of political technology of individuals, a technology of power, as named by the French author. The intended analysis has not dismissed the material existence of labor relations but sought to discuss the validity of a discourse that considers work the main resource for convict rehabilitation and index for the recognition of dignity and honesty. The Foucauldian discourse analysis was the foundation for the investigation of our object, especially if we understand discourses as social practices with power to institute knowledge and produce truths.

Programa pró-equidade de gênero e raça da Prefeitura Municipal de Curitiba: estratégia para superar a divisão sexual de trabalho em uma instituição pública?

The objective of this study was to analyze if the pro equity program of gender and race in the PMC, changed the perception of the servants on the conception of sexual division of labor. The sexual division of labor is the concept that allows identifying and understanding the hierarchical relations (principal of hierarchization) based on the attribution of social and economic value most male occupations in relation female, besides that, considerers the female work‟s secondary and her salary supplement to the family income. And the principle of separation identifying the places occupies by man and woman in the institution (productive, reproductive, and domestic work) agreeing with the historical and social construction that associates woman to occupational sectors like “mastertship”, nursering and social assistance, considered an extension of the family functions like taking care and family affections. And the man is associate to engineer, technology information and occupations related to exact science all professions associate to reason, creating a bias of gender in labor relations. To identify possible inequalities of gender in the work ambiance, I have compared the initial basic duration of some careers, the ascension process to higher positions and the salary that both servants and servers in the PMC. Was also investigated the perception of implements and beneficiaries of the program, over the sexual labor division. The methodology used for conduct the investigation was the qualitative research interpretive character using the structured and semi structured interviewed as instruments of data collect. The interview was divided in two groups, to follow: a) implements of pro-equity program of gender and race and b) professors and engineers beneficiaries. The analyzes of documents provided by the Secretaria de Politícas para as Mulheres da Presidência da República and by the PMC complemented the investigative path of this research. Bring as result a perception of beneficiaries servants and implementing on a policy which provides for cultural changes in the institution and in the management of people. It should be noted that the program foresees that in its objectives identify the discriminatory relations of race, sexual orientation, generation and disable person who were not examined in this study. Factor that enables the continuation of the investigation process and is a suggestion for a future research.