Dignidade da pessoa humana e medidas sócio-educativas do Estatuto da Criança e do Adolescente

The main goal of this work is to verify the presence of the principle of human dignity, determined by the Constitution of 1988, when Socio Educational Acts from the Statute of Children and adolescent were put in practice, focusing on the treatment designated to the youth whose acts were against the law in the city of Natal, as well as the difficulties to match the legal texts and its reality. It is common knowledge that the law for children and adolescent was based in the principle of human dignity, for its institutes say so. But would the Law match the practice of Socio Educational Acts? Or this law would be an example of good intentions that never left the paper and became reality? First there is an approach on the human dignity principle, with its definition and limitation, according to a theory about the theme. Afterwards it is made a connection between human rights and the principle of human dignity considering historical and social features, for the law is also a reflect of these transformations, we try to show the different laws the country had until today, concerning the children inflicted by poverty and those whose acts were against the law, since the rodas dos expostos, the phase of irregular situation, in which the children were arrested simply because they were beggars, until present time. The theory aspects are shown beside a field research made with the adolescent and staff from CEDUC/Natal, producing a critical view about the subject and showing some solutions for the problems found. At last, it is made a critical analyses of the problems detected on the field research, and, in some cases, a suggestion is given to change the reality

O que tenho a ver com isso? aula-vivência sobre violência contra crianças e adolescentes

A violência constitui hoje a principal causa de morte em crianças de 5 a 19 anos, o que tem imposto aos profissionais de saúde um olhar mais atento a estas questões, bem como uma formação que busque compreender este fenômeno sobre os vários prismas que a circunscreve. O objetivo deste artigo é relatar a experiência vivenciada com alunos do curso de Graduação em Enfermagem da Universidade Federal do Rio Grande do Norte numa aula-vivência sobre esta temática. A aula foi baseada numa prática pedagógica de ação reflexiva. Desenvolveu-se a partir da integração dos conteúdos teóricos e práticos, articulando-os com temas sociais, políticos e econômicos. A aula foi dividida em três momentos: um momento de sensibilização; um segundo momento onde foi apresentado e discutido o arcabouço teórico, científico e legal que envolve o tema; e um terceiro, que visou estimular uma reflexão sobre a realidade vivenciada nos serviços de saúde por profissionais que atuam diante de situações de violência. Nos três momentos da aula pudemos proporcionar ao aluno a inquietação e a reflexão necessárias para pensarmos sobre a violência em toda a sua complexidade, pluricausalidade e com toda a carga de preconceito em que esta se encontra envolvida

Pensando o estatuto do idoso no âmbito da saúde: uma reflexão à prática da cidadania

Um envelhecer saudável compreende fundamentalmente, o atendimento de necessidades que vão além da manutenção de um bom estado de saúde física. Faz-se necessário valorizar o idoso como pessoa socialmente útil, favorecendo, direta e indiretamente, o idoso, a família e comunidade para o alcance de um estilo de vida desejável. Pautando-se nessas reflexões, a partir da importância de um estudo em que se procure avaliar até que ponto, segmentos da sociedade e o próprio idoso, conhecem os direitos deste, e com isto, procurar pontuar conceitos de cidadania, vinculando os idosos a essas práticas, tendo como ponto de partida neste estudo, a saúde, como prática muito questionada no cotidiano. Este estudo, portanto, tem como objetivo verificar o conhecimento de estudantes universitários sobre os direitos do idoso no que se refere à saúde, contemplados no Estatuto do Idoso e explorar os direitos do idoso no âmbito da saúde na concepção de estudantes universitários. Trata-se de um estudo exploratório descritivo, numa abordagem qualitativa, centrando-se na análise dos aspectos legais (jurídicos) sobre o conhecimento dos direitos do idoso no âmbito da saúde pelos estudantes e sua implicação na prática da cidadania. O estudo foi realizado na cidade de João Pessoa - Pb, estudantes universitários de diferentes cursos do Campus I da Universidade Federal da Paraiba. O instrumento utilizado para coleta de dados foi uma entrevista semi-estruturada. Os coletados foram qualitativamente, explorando-se as falas dos sujeitos, utilizando-se a técnica de análise de conteúdo temática categorial. Os resultados encontram-se apresentados em quadros e temas. A partir de diferentes artigos realizados no decorrer do curso. Diante da expressividade dos resultados encontrados nesta pesquisa, é possível afirmar que os estudantes universitários ainda conhecem pouco o direito dos idosos, em particular, no campo da saúde, mesmo os estudantes da referida área. No contexto interdisciplinar este estudo sugere ações dirigidas à população do estudo propiciando pesquisas com maior impacto na mídia dirigida tanto aos idosos como a sociedade em geral

Análise da bacia hidrográfica do Rio Punaú-Rio Grande do Norte utilizando ferramentas de geoprocessamento

Provide data and information on watershed becomes important since the knowledge of their physical characteristics, land use, etcetera, allows for better planning and sustainable use of economically, socially and environmentally in this area. The investigation of the physical environment has been commonly given with the use of geoprocessing, which has proved a very efficient tool. Within this context, this research aims at analyzing the river basin Punaú (located in the cities of Touros, Rio do Fogo and Pureza, state of Rio Grande do Norte) in several aspects, using geoprocessing as a tool of work, to provide information about the entire watershed. Specifically, this study aimed to update pre-existing maps, such as geological, geomorphological and land use, generating map of environmental vulnerability, under the aspect of erosion susceptibility of the area, generating map of legal incompatibility, identifying areas that are already being employed in breach of environmental legislation; propose solutions to the occupation of the river basin Punaú, focused on environmental planning. The methodology was based on the use of geoprocessing tools for data analysis and to make maps of legal incompatibility and environmental vulnerability. For the first map was taken into account the environmental legislation regarding the protection of watersheds. For the vulnerability analysis, the generated map was the result of crossing the maps of geology, geomorphology, soils and land use, having been assigned weights to different attributes of thematic maps, generating a map of environmental vulnerability in relation to susceptibility to erosion. The analysis results indicate that agriculture is the most significant activity in the basin, in total occupied area, which confers a high degree of environmental vulnerability in most of the basin, and some agricultural areas eventually develop in a manner inconsistent with Brazilian environmental legislation. It is proposed to consider deploying a measure of revitalization of the watershed in more critical areas and conservation through mitigation measures on the causes of environmental degradation, such as protection of water sources, protection and restoration of riparian vegetation, protection of permanent preservation areas, containment of erosion processes in general, and others listed or not in specific laws, and even the establishment of a committee of basins in the area

Violência doméstica contra adolescentes: o olhar dos educadores sociais

Domestic violence as a specific expression of violence against adolescents, is historically constructed from phenomenon of power relations that permeate the gender, ethnicity and social class, requiring differentiated attention. Sorting in A mass grave of what is understood by a child and teenager under the doctrines of the law of the minor and of irregular situation resulted, in General, in the preparation for the teenage audience, of policies and actions, fragile and inefficient with regard to domestic violence. Despite the status of children and adolescents clearly define what is meant by child and teenager, break with the menoristas doctrines and embrace the doctrine of integral protection, even if there is little guidance for the public actions and policies geared to the theme. Such deficiency contributes to characterize the current practice of social educators about domestic violence, marked by the absence of specific training; by inadequate working conditions; lack of preparation of the network of care. Thus, with the objective to start the discussion regarding the elements that make up the practice focused on this issue, the present study proposes to problematizing the design held by social educators working in public Social assistance of the city of Natal/RN, regarding the issue of domestic violence against adolescents, by paying attention to such things as their vocational integration, their training and their working conditions. Adopts norteadoras references as having its roots in the Pedagogia Problematizadora, Paulo Freire, and socio-historical perspective. The methodological procedure of nature quali-quantitative was lifting censitário and psychosocial characterization of educators together to State and local Departments of assistance; the application of questionnaire to educators, composed of open and closed issues; and observation and field journaling activities of their work. Of network professionals, 111 64 replied to the questionnaire, which represents more than 50% of the total. Psychosocial characterization exposes data as the predominance of low family income and female professionals; the note identified that do not have a professional technical parameter, and the activities carried out in accordance with the representations of each professional the respect of labour, problematic and adolescents involved, revealing an individual perspective of action. And a preliminary analysis of responses to the questionnaire pointed out that such professionals are subjected to precarious working conditions, as well as one realizes a relative ignorance about the network of care for adolescents at risk and ACE, all this resulting in restricted marginalizantes conceptions, and misleading information regarding domestic violence against teenagers.

Violência sexual intrafamiliar contra crianças e adolescentes: o estado da arte em periódicos em psicologia

Intrafamily sexual violence against children and adolescents is a highly complex and serious issue in terms of the damage caused to this population. However, despite the relevance of this discussion, the matter only began to be addressed in the second half of the twentieth century, with its inclusion in academic research from the perspective of damage caused to the victims. Debate on intrafamily sexual violence against children and adolescents has intensified in recent decades, particularly with the enactment of the Statute on Children and Adolescents (Federal Law 8069/90), which recognizes children and adolescents as rights holders. Open discussion on the issue meant several fields of knowledge began to study the topic. Particularly prominent among these areas is the field of Psychology, promoting theoretical discussions and practical interventions focusing on this type of violence. Given the theoretical and methodological diversity of psychological science and the many possibilities for the production of knowledge, this study aims to map and debate research conducted in the field that discusses intrafamily sexual violence against children and adolescents in Brazil. To that end, articles published in Psychology journals were analyzed. In order to achieve this objective, a search was conducted of Scielo Brasil using descriptors on the subject, chosen from a list reported by Faleiros (2000). The time frame studied was between 1990 and 2013, therefore included the date of the enactment of the Statute of Children and Adolescents. Qualitative analysis was selected as a data analysis technique around two main themes. The first involved analyzing the concept of intrafamily sexual violence based on its components. The second analytical theme addressed the theoretical and methodological strategies used by the authors. The aim was to identify and discuss the approaches chosen to achieve the proposed objectives as well as the justifications provided by the authors for their research. Analyses of these themes were based on theoretical discussions on intrafamily sexual violence against children and adolescents. Difficulties were identified in conceptualizing intrafamily sexual violence so as to include all its elements and differentiate it from sexual exploitation. The studies assessed showed substantial diversity in both the theoretical and methodological approaches used, contributing to understanding the phenomenon. It is expected that this study will contribute to reflection on intrafamily sexual violence against children and adolescents, promoting new studies and/or practical interventions

O psicólogo e os serviços de acolhimento institucional para crianças e adolescentes

The Shelters are responsible for caring for children and adolescents whose families or guardians are temporarily unable to fulfill his role as care and protection. The activities to be developed by psychologists in these services are greatly important for the elaboration and development of political- pedagogical project of the same, and for reasons pertaining to the present and future of children and adolescents received judgments. The psychologist puts up the challenge of contributing to a better care of children, also cooperating with the implementation of the new care standards of childcare. The aim of this study was to investigate the role of the professional psychologist in assistance to children and adolescents in 13 Shelters in the Metropolitan Region of Natal/RN. For both set out to make visits to the institutions to know how it is organized the field work of the psychologist, his routine work and activities developed. Nine psychologists interviewed according to a semi-structured interview script. The data analysis is supported by the theoretical aspects of dialectical materialism historical and theme content analysis was used. Results were presented from three angles: psychologists and institutional framework; activities, resources and methods of work; psychologists and legal frameworks of the Institutional Hospitality. The study points out the recent entry of the psychologist in Shelters, combined with considerable turnover of these professionals. This work has been organized through the Individualized Service Plan, prioritizing the return to family of origin. Moreover, in general, perform joints with the service network, reporting, individual consultations and follow-adoption processes . Staff members, however, feel a lack of specific and continuing training on special protection, including due to the distance between the proposed theory and practice. It was thus observed a movement of psychologists distance themselves from welfare or repressive practices, however the structural difficulties of services and lack of continuing education appear to limit the development of a performance focused on the transformation of the reality of children and adolescents treated and their families

Significados de família para adolescentes em liberdade assistida

Guided by the social-historical perspective, this research aimed to understand how the adolescents in Assisted Freedom measure have meaning the family institution. The Pastoral Minor, located in the city of Natal, was chosen as space of investigation, whose social-educative program is the source of our concerns about the attendance of adolescents in conflict with law. The corpus was accomplished, mainly, through the individual semi- structured interview with four adolescents and seven of their relatives that participated of the research. We use another instruments to constitute the corpus, like the documental research of the technical reports on the participants of program files, and the registered notes in the field diary. As resource to data treatment, we use the Thematic Content Analysis. The data discussion was focused on the three thematic units that emerged: Family, Social-Educational Measure, Family and Social-Educational Measure. On the adolescents perspective, the family configures as a group based on the existence of affective bonds. Despite of the vulnerability of their familiar reality and their wish for freedom with their peers, the affective bonds revealed it as being important in their lives. This study, glimpse possibilities to contribute for the construction of public politics and attendance programs, that can be closer of the social-familiar reality of the adolescents who are in conflict with the law and, in this case, to promote their access to the statute of subjects of rights

A Violência sexual contra crianças e adolescentes na Cidade do Natal: direitos garantidos ou negados?

This study presents the issue of sexual violence against children and adolescents in the city of Natal RN from a critical approach over the work carried out at the Delegacia Especializada em Defesa da Criança e Adolescente DCA, with the perspective towards guaranteeing their rights. It is constituted of an analysis under a theoretical-methodological focus, both quantitative and qualitative, taking as a premise the sexual violence against children and adolescents in its social, legal, historical, cultural and economical dimensions that are behind this issue. The established course between knowledge and methodology involved: a conceptual analysis of the sexual violence, a research in the official records of the Public Power, the application of questionnaires with the coordinators of social projects and programmes, the accomplishment of interviews with key institutional actors and mothers of victimized children and adolescents, besides the analysis of quantitative indicators from the data made available by the DCA. The research took place within the Delegacia Especializada em Defesa da Criança e Adolescente, and also took for reference the information from institutions that develop actions directed towards children and adolescents victims of sexual abuse. Through this study, the strategies and the contradictions existing in the struggle against sexual violence towards children and adolescents implemented by the Public Power were learnt, the need for a greater articulation was identified to guarantee their rights and it also allowed for the tracing of a panorama of the sexual violence against children and adolescents in the period from 2001 to 2004 in the city of Natal-RN

Adolescentes em conflito com a lei: a saga das punições na rota da exclusão social

This work deals with the problematic of the determinations that contribute to become the adolescents involved with law. Thus, in this research, the social exclusion is apprehended as one of the most important determining to understand this problematic, once we defend that it is part of the trajectory of this adolescent's life since its birth as a punishment that starts before they becoming envolved in act's that break the law. It is still questioned the discussion of the reduction of the penal age, viewed aa a proposal that will contribute to perpetuate the repression. The objectives of the research were: analyze the problematic of adolescents in conflict with law, where social exclusion is seen here as a main category. The research also aims to understand the situation towards social exclusion and that this public is undertaken in the state of Rio Grande do Norte, more specifically in Natal. This is dane through analysis of the profile of adolescents that are submitted to the treatment at Centro Integrate de Atendimento ao Adolescente Acusado de Ato Infracional - CIAD in 2005. This is dane on arder to identify of the State's and society's actions towards this issue, how it has prevailed in analyzing if there is punishing or social protection. The research also contributed with discussion towards the non penal reduction of for underage minors. The approach realized if of qualiquantitative nature. The research was realized with 190 male adolescent subjects, age ranging from 12 to 21 that were interns at CIAD in the year of 2005. The research shows that their fundamental rights (education, health, amongst others) are disrespected on a daily basis by the State. The State prioritizes economic issues, making social inequality more profound. The main argument is that this problematic has its main oring in the social exclusion and it is imposed to the adolescents as a punishment before thes have been involved with the law going on top of the social protection. When the adolescent goes from being the victim to executioner, the Statute of Children and Adolescents is questioned by many sectors that defend the reduction of penal minority as a solution to reduce the country's violence. Thus, it was aimed here to discuss arguments that point to non exclusion, discrimination and repression. It is proposed that the State should assume children and adolescents as a priority, implementing what the statute establishes as well as assures related to the fruition of denied rights as a way to prevent their future involvement with violence

“Eu quero ver se a justiça vai funcionar mesmo”: a resolubilidade dos casos de abuso sexual contra crianças e adolescentes no município de Natal/RN

This study presents the issue of Children and Youth sexual violence from a critical eye in assessing the actions of the organs of defense and protection in cases of sexual abuse against children and adolescents in the city of Natal / RN. We aimed to perform this evaluation from the investigation of 05 cases of child and adolescent victims of sexual abuse that were answered by Precinct Specializing in Defense of Children and Adolescents (DCA), considering the service flow of cases, the articulation between the organs that make up System Warranty rights (SGD), the record of the complaint, as well as the elapsed time between the record of the complaint and the accountability of the offender. Thus, the present study consists in an analysis from the quantitative and qualitative theoretical-methodological approach assuming 'sexual violence in their social, historical, cultural, legal and economic dimensions. The route established between the knowledge about the object and the method of analysis involved: literature about the conceptual discussion on sexual violence, analyzing quantitative data provided by DCA, as well as semi-structured interviews with victims and those responsible for the professionals working in institutions of the defense agencies. Is apprehended in this study that the situations of violence against children is a multifaceted phenomenon that has expressions from ancient societies, assuming a peculiarity in contemporary society to consider the juvenile population as subjects of rights. Furthermore, it was possible to identify the lack of effectiveness, with respect to the actions of the organs of defense in intervention situations of sexual abuse now investigated as yet not actually configure a process of articulation between these bodies from the perspective of ensuring rights and break the cycle of violence.

A democracia participativa na jurisdição constitucional brasileira: o amicus curiae enquanto mediador democrático no controle concentrado de constitucionalidade no Supremo Tribunal Federal

This master thesis aims to research the tension established between the judicial review and democratic theory which was always present in the constitutional doctrine of separation of powers. In this regard, the expansion of the Brazilian constitutional jurisdiction checked after the occurrence of the Federal Constitution of 1988 and the inertia of the Legislature in disciplinary relevant legal aspects of Brazilian society contributed to a hyperactivity of the Supreme Court. However, in a complex society of context, as is the Brazilian society, there are contained demands and political controversies that hardly would be well represented or resolved through the action of the Court of ministers at the expense of other government bodies. Among the supremacy of Parliament and the legitimacy deficit of these magistrates, is the constitutional text and the social fabric that makes this legal status of the political. Participatory democracy established by the guidelines of the Federal Constitution requires this perspective when the Supreme Court acting in place of concentrated constitutionality control. In a plural society, there is no reason to get rid of state decision moments popular participation. Lack the Supreme Court, this time, the democratizing perception that the institute brings to the interior of the Court, as state determination of space in which to come together and meet the aspirations of society and state claims. The dissertation investigates thus the possibility of amicus curiae Institute serve as a mediator of the democratic debate, to assist the Supreme Court in the preparation of the decision is, historically, that which is of greater legitimacy, from the perspective of a theory participatory democracy. Analyzes, likewise, the unfolding of abstract judicial review in the context of Brazilian law. Proposes, incidentally, a rereading of the separation of powers, with the call for the Judiciary be careful not to become the protagonist of national political decisions. It maintains, finally, that procedural opening the interpreters of the constitution, through the amicus curiae Institute, shows up as able to decrease the legitimacy deficit in the performance of the Brazilian Supreme Court.

As raízes históricas da política criminal na legislação e nas práticas de atendimento ao adolescente em conflito com a lei

This thesis investigates the historical influence of the criminal policy in the context that shapes the first specific law for children and adolescents in Brazil, the 1927 Children's Code, a standard that inaugurates the conceptual scission between children and "minor" and their different treatment by the State. The study addresses the demand for order in the context of changes in the working world in the transition from the slave system to the capitalist mode of production, and the corresponding disciplinary and punitive control mechanisms directed to the segment of childhood and adolescence. The theoretical route proposes a questioning of the political construction of law and justice, as well as the conformation of the punitive techniques, and the construction of the stereotype of the "delinquent", prime target of the criminal policy, focusing on the process of criminalization of the segment in question through the confrontation of the Critical perspective with the approaches of Classical and Positive schools. This research shows the imposition of a bourgeois morality that obscures the social conflict attributing it to people isolated by the criminalization of their conduct; and points out that the historical forms of selective social control were greatly influenced by psychiatry and psychology, either by the elaboration of the image of the "delinquent" or by the expected performance of custodial institutions. Finally, the developments and the permanence of the historical roots of the criminal policy are problematized, relating them to the difficulties currently encountered in the consolidation of the legal garantism paradigm proposed by the Children and Adolescent Statute.

As raízes históricas da política criminal na legislação e nas práticas de atendimento ao adolescente em conflito com a lei

This thesis investigates the historical influence of the criminal policy in the context that shapes the first specific law for children and adolescents in Brazil, the 1927 Children's Code, a standard that inaugurates the conceptual scission between children and "minor" and their different treatment by the State. The study addresses the demand for order in the context of changes in the working world in the transition from the slave system to the capitalist mode of production, and the corresponding disciplinary and punitive control mechanisms directed to the segment of childhood and adolescence. The theoretical route proposes a questioning of the political construction of law and justice, as well as the conformation of the punitive techniques, and the construction of the stereotype of the "delinquent", prime target of the criminal policy, focusing on the process of criminalization of the segment in question through the confrontation of the Critical perspective with the approaches of Classical and Positive schools. This research shows the imposition of a bourgeois morality that obscures the social conflict attributing it to people isolated by the criminalization of their conduct; and points out that the historical forms of selective social control were greatly influenced by psychiatry and psychology, either by the elaboration of the image of the "delinquent" or by the expected performance of custodial institutions. Finally, the developments and the permanence of the historical roots of the criminal policy are problematized, relating them to the difficulties currently encountered in the consolidation of the legal garantism paradigm proposed by the Children and Adolescent Statute.

O direito penal do inimigo na atualidade: Mutual Legal Assistance Treaty – MLAT, em matéria penal, celebrado entre a República Federativa do Brasil e os Estados Unidos da América bem como seus reflexos na jurisdição brasileira

In view of the climate of instability and deep social inequalities, it has been evident in the Brazilian reality, a new way to punish systematic already developed and consolidated in other countries, in which, among other things, the criminality is anticipated only by danger that the individual sports. It appears, therefore, that the theory developed by Günter Jakobs, nominated Criminal Law of the Enemy, became subtly inserted in the Brazilian reality as well as in international relations signed. In this sense, the Brazilian State, in order to carry out the international legal cooperation in the criminal field, signed a mutual assistance agreement with the government of the United States of America. Forward the conclusion of Mutual legal Assistance Treaty (MLAT), the signatory countries voiced a desire to cooperate in order to facilitate the implementation of tasks of the authorities responsible for law enforcement in both countries, comprising research, investigation, prosecution and prevention of crime, said internalized adjustment in the Brazilian legal system by means of Decree No. 3810 of 02 May 2001. Alongside these considerations, the present study aims to analyze the Criminal law of the Enemy today, seeking to find evidence of that theory in the MLAT, international legal cooperation instrument signed between the government of the Federative Republic of Brazil and the government of the United States of America. Moreover, it has the objective to describe its effects on the Brazilian jurisdiction, especially as concerns the relativity and the suppression of human rights. Once done the introit, analysis will be carried out in the first chapter, on the definition and main features of the theory of Criminal Enemy of the law, it is imperative to approach the humanistic aspect that preceded the theory as well as the dealings given to some controversial issues surrounding it, such as the anticipation of the enemy's punishment and the disproportionality of the penalties imposed. In the second chapter will present the conceptual assumptions, historical evolution and the positives aspects, as well as the barriers and the pursuit of effectiveness of international legal cooperation. In the chapter, bedroom effective analysis of specific modality of cooperation will be held, the Mutual legal Assistance Treaty - MLAT in criminal matters, signed between the Federative Republic of Brazil and the United States of America, in which the general aspects will be addressed and the MLAT reflections on the Brazilian jurisdiction, which includes analysis about the relativity or suppression of human rights, future trends and creating stricter laws, followed by the presentation of the seized conclusion on the subject, in which, among other approaches, will be voiced understanding about the unconstitutionality certain service requests that, from these, there is the bad use of the agreed instrument.