O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

Atuação dos enfermeiros da estratégia de saúde da família frente à violência intrafamiliar contra a criança

The family violence against children became visible, in the context of public health, due to the damage and injuries generated in the lives of children and to the growing need of investment in physical and human resources to fill this demand. In this context, it is believed that intervention could prevent such events and are configured as primary strategies to prevent the corollaries generated by the violence. In this perspective, this study aims to analyze the performance of nurses dealing with the Strategy of Family Health viewing to identify actions based on the paradigm of health distribution. This is a descriptive, exploratory and qualitative research. The data were analyzed based on the content analysis about the method proposed by Bardin. The study was conducted in Mossoró-RN and the participants were 14 nurses working for the Family Health Strategy in Health Units of this town. The instrument for data collection was a semi-structured questionnaire, with questions answered by the participants themselves. It was evident to the study that the nurses believe that health education are the main tool for dealing with domestic violence against children, being developed, however, in its positivist and vertical way. The actions used to develop health performed by the team on their daily lives are limited to educational activities and are carried exactly when cases of family violence against children are notified. Barriers to the practice emerged from fear of reprisals from the agressor, overwork, lack of management support and difficulty for the realization of interdisciplinary, intersectorality and comprehensive care.

Violência ocupacional contra profissionais de saúde em um hospital de urgência. natal/rn, 2009

Descriptive exploratory study, with quantitative approach, with data collected from April to May 2009, aiming to identify the types of occupational violence affecting professionals on the nursing and medical staff in an emergency hospital service in Natal/RN, over the last 12 months; to identify emergency sectors where occupational violence episodes took place; to characterize aggressors on each type of occupational violence; to know the procedures adopted after each violent act targeting nursing and medical staff professionals; and to know the consequences of violence suffered by the nursing and medical staff professionals. The sample consisted of 26 nurses, 95 nursing assistants/technicians and 124 physicians, for a total of 245 professionals. The results showed that 50.61% of the professionals were women, aged 41 to 45 (22.45%), with post-graduate studies (51.43%), married (60.82%); 21.22% had 16 to 20 years of experience in the profession and in emergency practice; working 40 weekly hours (86.12%); and working both the day shift and the night shift (70.21%); 27.35% consider violence to be a part of their profession and the patient s companions as an important risk factor (86.53%); couldn t inform whether there was a specific established procedure for reporting occupational violence (45.71%); 73.06% suffered occupational violence in the 12 months; 70.20% verbal assault, 24.08% moral harassment, 6.12% physical assault, and 3.67% sexual harassment; 66.67% of the patients took part in the physical assault; the companions, in verbal assault (58.14%); and the health staff in moral harassment (69.49%); facing episodes violence, 37.65% of the professionals reported the fact to their co-workers; 57.25% uffered from stress as a consequence; on 4.71% of the episodes the professionals had to be bsent from work, resulting in 75 days of occupational violence-related absence. We conclude here was a high rate of occupational violence in the researched population, with verbal ssault and moral harassment as the most frequent violence types. Because factors related to ccupational violence were very diverse, actions seeking to confront this problem shouldn t be limited to the work environment itself. Education ought to be one of the most effective ctions for avoiding or minimizing these events occurrence

Violência contra a mulher : estudo de caso em uma instituição de ensino

The study research case with a quantitative approach and prospective data, carried out between December 2010 and February 2011 with the aim of identifying the profile of women in the study, to characterize the acts of violence in the type, frequency, location occurrence and aggressor, analyze the steps taken after the occurrence of acts of violence and the main consequences on the victims. The population consisted of 285 workers in a tertiary institution in Rio Grande do Norte. The results showed that 99 (34.74%) have between 51 to 60 years of age, 78 (27.37%) of 41 to 50 and 62 (21.75%) between 20 and 30 years, are considered color white, 162 (56.84%) have completed higher education, 171 (60.00%) and of these 97 (56.73%) reported having some post-graduate degrees, are married, 141 (49.47%) and have from zero to one child, 148 (51.93%) reside in the south of the city of Natal, 146 (51.23%) have a monthly income of three to five minimum wages, 171 (60.00%) and are mostly in the Technical Administrative Sciences 152 (53.33%), 77 (27.02%) reported having experienced violence, 60 (62.50%) episodes of verbal aggression, 26 (27.08%) of bullying , 05 (5.21%) of physical abuse and 05 (5.21%) sexual harassment; 05 (100.00%) assaults were made by the spouse or partner of the victims and co-workers is another profession were responsible for 18 (30.00%) verbal aggression, 15 (57.69%) bullying and 03 (60.00%) sexual harassment, 02 (40.00%) of victims of physical aggression and 18 (30.00 %) of verbal abused only once, 10 (38.46%) of bullying and 02 (40.00%) of sexual harassment experienced four or more times 05 (100.00%) assaults occurred at domestic and work stood out with 36 (60.00%), verbal abuse, 22 (84.62%), moral harassment and 04 (80.00%) sexual harassment, 35 (36.46%) told colleagues work and 31 (32.29%) for family and friends in 75 (78.13%) cases there was no intervention, 07 (7.29) were unable to respond if something had been done and 14 (14.58% ) have been reported intervention of these, 09 (64.29%) were taken by the heads of the victims, 26 (32.10%) did not notify the fact on the ground that no action would be taken, 62 (80.52%) felt stress , 5 (1.76%) of women turned away from work after the episode of violence, accounting for 198 days of absenteeism. It is concluded that there is a high rate of violence against women, even when they have a good socioeconomic status, and in this sense is important to establish bases of new proposals for improving control of cases of health professionals, especially nurses, to approach patients with a more investigative, and that by identifying a case of violence, be instructed about the paths to be followed for notification while providing psychological support to victims.

Mariana , Pai contra mãe e O caso da vara : escravidão e chão histórico em Machado de Assis

Machado de Assis understood his time and brought his perception of Brazilian society in the 19th century, with its multiple aspects economy, politics, culture, amongst others - to the texts he wrote. Through the tensions lived in his novels and short stories, Machado displays Brazilian social reality and the changes it had been undergoing. Mariana and Pai contra mãe show the crisis of the slavery system, the relation of dependency, the treatment given to the captives and the lack of coherence of a country that intended to adopt Liberalism as an ideology, but which kept on living under the shadow of slavery and its consequences. A country where the priorities were given to the landlords, owners of slaves, in protection of their interests. O caso da vara tells about how the crias da casa little black girls who lived in the household and learned how to make spool embroidery were treated. What were the punishments for desobedience and how they were levelled out, how should be the behaviour of a child who lived as a social outcast. Thus, this paper aims at playing a game of mirrors between History and fiction. Not only to play it, but to analyze how Machado deals with the reflections of 19th century Brazil on his short stories

Agostinho e o ceticismo: um estudo da crítica agostiniana ao ceticismo em Contra Acadêmicos

The assent of the Truth: here's a formula that seems to have puzzled philosophers since antiquity. The possibility of apprehending truth was defended by some philosophers who have been called dogmatic, due to their haste to judge appearances as representations of reality, and refuted by those who chose to continue questioning rather than engage with his predicament. These thinkers were called skeptics. Among those who defended the consent of the truth, is highlighted by St. Augustine in this research, which aims to combat the widespread skepticism in the ancient doctrine of the Academy of Plato in his work Against Academicos. Thus, to conduct this research we ask: What are the main arguments made by St. Augustine against the scholarly skepticism? In order to address the problem identified, we propose to investigate the critical skepticism of St. Augustine, identifying and analyzing the main rebuttals he built. For this purpose, we conducted a survey of aspects of both the skepticism about the life and thought of St. Augustine about this doctrine

Desventuras de Hypolita: luta contra a escravidão ilegal no sertão (Crato e Exu, século XIX)

This paper analyses the history of Hypolita Maria das Dores, mulatto woman, free born, was enslaved and, by an act of freedom, appealed to court to prove the illegitimacy of her captivity and regain their freedom and their children. The main scenarios of this social and legal struggle are Crato (Ceará) and Exu (Pernambuco), places where she lived in the 19th century. The main objective of this work is to understand how to set the tensions and alliances involving the struggle for freedom inside and outside justice, in differentiated provincial spaces. An approach that belongs to the field of the social history of slavery, we ll prioritize the narrative of life. In it, Hypolita is taken as the subject of her story, as she faces stately and patriarchal values in a slave society. The documentary corpus that allows such vertical investigative consists of parish registers, we examined the baptisms, marriages and death records; analyzed registry documents of postmortem inventories, petitions and crafts; reports of provincial presidents and, finally, the O Araripe s and O Cearense s journalistic information. The investigation of the case allowed the understanding of how, in space and time specific, freedom was understood, usurped and claimed by various social subjects in the frame of morals and justice institutionalized

O trabalho docente em psicólogo e o enfrentamento da violência contra crianças e adolescentes: uma experiência teresinense

In this thesis I discuss the role of the psychologist as a university professor and as intellectual from a specific context and also from a specific query. The context is the city of Teresina, capital city of Piauí state, which is peripheral in Brazil s northeast region. The defiance here is to build a critical psychological tradition that will deal with the challenges imposed by the reality of poverty and socio-economic backwardness of the region. The greatest difficulty is the lack of a public institution of learning that carries out instruction, research and extension with commitment to social transformation, and with the production of a psychological knowledge that is able to understand local reality. I take it that the undergraduate course in Psychology at UESPI [State University of Piauí] is the only one in Teresina that can take over such mission. The query is confronting violence against children and adolescents that defies us to ethically and politically commit to solidarity toward fragile human beings in need of adult involvement in order to survive this daily inhumanity. The involvement of psychologists from Teresina in this must result from a social commitment and a technical competence to deal with prevention and therapeutic consideration toward the victims. This dissertation is divided into three parts: the first is a study on the curriculum and the performance of psychologists, which revises the academic output in Brazil and envisages new queries to the theme, such as the role of teaching inside the curriculum, and presents social security (including Medicare) as the privileged field in which Brazilian psychologists perform. The second part contains a study on the concepts of childhood, adolescence and violence, which presents a consideration on the strategies to confront violence against children and adolescents. In the last part I discuss the role of the psychologist as teacher and intellectual in the context undergraduate course in Psychology at UESPI [State University of Piauí] from the commitment to the protection of children and adolescents

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 trabalho docente em psicólogo e o enfrentamento da violência contra crianças e adolescentes: uma experiência teresinense

In this thesis I discuss the role of the psychologist as a university professor and as intellectual from a specific context and also from a specific query. The context is the city of Teresina, capital city of Piauí state, which is peripheral in Brazil s northeast region. The defiance here is to build a critical psychological tradition that will deal with the challenges imposed by the reality of poverty and socio-economic backwardness of the region. The greatest difficulty is the lack of a public institution of learning that carries out instruction, research and extension with commitment to social transformation, and with the production of a psychological knowledge that is able to understand local reality. I take it that the undergraduate course in Psychology at UESPI [State University of Piauí] is the only one in Teresina that can take over such mission. The query is confronting violence against children and adolescents that defies us to ethically and politically commit to solidarity toward fragile human beings in need of adult involvement in order to survive this daily inhumanity. The involvement of psychologists from Teresina in this must result from a social commitment and a technical competence to deal with prevention and therapeutic consideration toward the victims. This dissertation is divided into three parts: the first is a study on the curriculum and the performance of psychologists, which revises the academic output in Brazil and envisages new queries to the theme, such as the role of teaching inside the curriculum, and presents social security (including Medicare) as the privileged field in which Brazilian psychologists perform. The second part contains a study on the concepts of childhood, adolescence and violence, which presents a consideration on the strategies to confront violence against children and adolescents. In the last part I discuss the role of the psychologist as teacher and intellectual in the context undergraduate course in Psychology at UESPI [State University of Piauí] from the commitment to the protection of children and adolescents

O trabalho profissional dos(as) assistentes sociais no INSS pós as contra-reformas da Previdência Social

The present research study the work professional of the Social worker in the National Institute of Social Security of Rio Grande do Norte s State, especially about the working terms, the demands and working process of Social worker in consequence of the limits established with disorganization of his institutional space derived of the Counter-Reforms of the State and of Social Security. In decade of 1990 there was in Brazil adhesion to the neoliberal politics what configured a new organization of work and a new performance of the State. Inside this context, it was accomplished the Counter-Reforms with emphasis in the privatizations, reform of the Social Security and of the device of the Brazilian State, among other actions. Particularly, in Social Service reforms brought profound consequences for the Social workers of INSS, among it: reduction of professionals and in his institutional space. This study situates the Social Worker of Social Security in front of the contemporary modifications in the world of work as well as in front of the consequences come upon of the Counter-Reforms implemented and executed by the neoliberal governments in the country of way the of frame and to enter to the globalized world and the new order of the capital. From the qualitative research based in the critical and dialectic theoreticianmethodological perspective that study the phenomena from your relations, mediations and contradictions, was possible unveil the limits and the possibilities of the professional work of the Social worker in INSS placed the Counter-Reforms of Social Security. Synthetically, the results of this investigation indicate that, there is an worsening in the inconsistency of the work with relation to social worker's functional situation and his working terms in the institution

Silenciosas e silenciadas: descortinando as violências contra a mulher no cotidiano da prostituição em Natal-RN

The prostitution is known as the world's oldest "profession", according to some historians, "the contemporary civilization itself." However, to refer it that way, we can systematically emptying it of expressions of violence that permeate. Furthermore, this statement tries to legitimize prostitution as a practical historically related to the natural condition of women. The main objective of the research is to examine how the activity prostitucional potentiates in different forms of violence in everyday development of prostitution in the city of Natal. Accordingly, the spot of the categories of gender relations and patriarchal violence against women, refute the thesis advocated by much of feminist studies on of prostitution as an expression of autonomy of women and overcoming the patriarchal order of gender. Procedures as set methodological quali-quantitative approach, guided by the method historicalmaterialist dialectic that allows us to apprehend the object of study beyond their immediate, unmasking its contradictions. We conducted nine interviews with prostitutes belonging to the classes of People who develop the activities in the streets and prostitutes Natals` cabarets. We hand with the systematic observation activities promoted by the Association of Prostitutes in Rio Grande do Norte ASPRORN, as the visits to cabarets, as well as participation in seminars held by this entity, at which establish contacts with informants-c which have facilitated access to interviewed. We note that the economic dimension is the factor determinant for their inclusion in prostitution, all to recognize as who found an alternative for survival, since most do not has no professional training and education. Another issue important to be emphasized concerns the areas where unhealthy develop programs which by itself is characterized as a denial of rights, expressed in the socioeconomic inequality that are subject. As the expressions of violence in their daily lives, the main forms identified were the physical and social, however, there is a trend in naturalizes them, the secondary-over other issues identified as most pressing, such as not service payment by the customers. The determinants of violence identified by respondents were assigned to the woman, or is its boldness. We also, the omission of the State in the issue of prostitution, mainly embodied in absence of public policies directed to sexual rights and reproductive and generation of employment and income. Regarding the regulation of prostitution, the majority of the interviewees is contrary, arguing that exacerbate the stigma in this practice

A violência nossa de cada família: notas sobre a violência intrafamiliar contra a criança

This study, done in a master program, evaluated the thematic regarding the domestic physical violence against children. The data was obtained through the SOS children program from Natal municipality. The used methodology involved either recorded date as well as an interview done with a professional who had been working on the SOS program for more than ten years. The study emphasizes violent situations where children were involved, in particular, beaten by their parents. Our goal was to understand the domestic violence phenomena against children, using as parameter the social context where the families were inserted

Lei Maria da Penha em Natal / RN: limites e possibilidades no combate à violência de gênero contra a mulher

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