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.

Sobre a constituição do sujeito: uma análise comparativa entre a psicologia sócio-sociologia do conhecimento de berger e luckmann

This study investigated how the process of the constitution of the subject is interpreted in the formulations of the founders of socio-historical psychology (Lev S. Vigotski, Alexei N. Leontiev and Alexander R. Luria) and in the sociology of knowledge of Peter Berger and Thomas Luckmann. These two theoretical perspectives, despite having different philosophical formulations as ontological and epistemological intentions (socio-historical psychology, historical dialectical materialism; the sociology of Berger and Luckmann and phenomenology) arrive, however, at the same basic conclusion about the social nature of the subject. The objective of the study, therefore, was that of identifying the differences and convergences between the two perspectives and then, try to determine the possibility of a theoretical synthesis between them in relation to the constitution of the subject. At the same time, we intended to analyse the implications of this possible synthesis in order to comprehend the manner in which the ideology functions in human societies as thought by Louis Althusser and Alípio de Sousa Filho. We arrived at the conclusion that, despite being incompatible from the ontological and epistemological points of view, a synthesis is possible between socio-historical psychology and the sociology of knowledge of Berger and Luckmann in relation to the conception of society and the comprehension of the process of the constitution of the subject. Starting from the philosophical intentions of socio-historical psychology, it is possible to incorporate, enriching points such as: Berger s and Luckmann sconception of society and the interpretation of the process of constitution of the subject. This possible synthesis, when interpreted in light of the reflections of Althusser and Sousa Filho on the phenomenon of ideology in human societies, is constituted in a real unveiling of the concrete provisos by which the ideology acts in human societies in order to transform biological examples of the human species in specific social subjects

A investigação criminal e a vedação ao anonimato no sistema jurídico brasileiro

The thesis, prepared with basis on deductive reasoning (through the utilization of general concepts of the fundamental rights theory) and on inductive logic (by means of the consideration of particular situations in which the theme has been approached) deals with the criminal investigation and the prohibition of anonymity in the Brazilian law system. The state criminal investigation activity presents not only a substantial constitutional basis, due to the objective dimension of fundamental rights (which imposes an obligation to protect these essential values), but also a formal constitutional basis, arising from the administrative principles of rule of law, morality and efficiency, referred to in article 37 of the Constitution. The criminal investigation, however, is not an unlimited pursuit, being restrained by the duty to consider fundamental rights that oppose to its realization. One of the limits of the state investigation activity, in the Brazilian law system, is the prohibition of anonymity, referred to in article 5°, IV, of the Constitution. This prohibition is a direct constitutional restriction to the freedom of expression that aims to ensure the credibility of the diffusion of ideas and prevent the abusive exercise of this fundamental right, which could harm both persons and the state, with no possibility of punishment to the offending party. Generally, based on this prohibition, it is affirmed that a criminal investigation cannot begin and progress founded on anonymous communication of crimes. Informations about crimes to the investigative authorities require the correct identification of the stakeholders. Therefore, it is sustained that the prohibition of anonymity also comprehends the prohibition of utilization of pseudonyms and heteronyms. The main purpose of this essay is to recognize the limits and possibilities in starting and conducting criminal investigations based on communication of crimes made by unidentified persons, behind the veil of anonymity or hidden by pseudonyms or heteronyms. Although the prohibition of article 5°, IV, of the Constitution is not submitted to direct or indirect constitutional restrictions, this impediment can be object of mitigation in certain cases, in attention to the constitutional values that support state investigation. The pertinence analysis of the restrictions to the constitutional anonymity prohibition must consider the proportionality, integrated by the partial elements of adequacy, necessity and strict sense proportionality. The criminal investigation is a means to achieve a purpose, the protection of fundamental rights, because the disclosure of facts, through the investigatory activity, gives rise to the accomplishment of measures in order to prevent or punish the violations eventually verified. So, the start and the development of the state criminal investigation activity, based on a crime communication carried out by an unidentified person, will depend on the demonstration that the setting up and continuity of an investigation procedure, in each case, are an adequate, necessary and (in a strict sense) proportional means to the protection of fundamental rights

A responsabilização criminal no estado democrático de direito: o equilíbrio entre a efetividade e os limites da pretensão punitiva da sociedade

This paper analyzes the relationship between fundamental rights and the exercise of the claim punitive society in a democratic state. It starts with the premise that there are fundamental rights that limit and determine the validity of all forms of manifestation of the claim punitive society (legislating, investigative, adjudicative or ministerial) and there are others that require the state the right exercise, fast and effective of these activities. Travels to history in order to see that the first meaning of these rights was built between the seventeenth and eighteenth centuries, after all a history of abuses committed by state agents in the exercise of criminal justice, and positively valued in the declarations of human rights and proclaimed in the constitutions after the American and French Revolutions, while the second meaning has been assigned between the nineteenth and twentieth centuries, when, because of the serious social problems generated largely by absenteeism state, it was noted that in addition to subjective rights the individual against the state, fundamental rights are also objective values, which trigger an order directed the state to protect them against the action of the offending individuals themselves (duty to protect), the mission of which the State seeks to discharge, among other means, through the issue of legal rules typifying the behavior detrimental to such rights, subject to penalties, and the concrete actions of public institutions created by the Constitution to operate penal law. Under this double bias, it is argued that the rule violates the Constitution in the exercise of the claim punitive society as much as by excess malfere fundamental rights that limit, as when it allows facts wrong by offending fundamental rights, remain unpunished either by inaction or by insufficient measures taken abstractly or concretely provided

Ausência do pai ao longo do desenvolvimento ontogenético e indicadores de desconto de futuro: uma contribuição da psicologia evolucionista

The new Evolutionary Psychology (E. P.) paradigm has been trying to understand how the human beings make their decisions over time regarding the most diverse variables, always bearing in mind that such a cognitive process is due to a complex natural selection process that occurred millions of years ago. One of the main topics discussed by this new paradigm is the issue of parental investment, i.e., the care the parents provide to an offspring at the expense of the investment into a new one. The present work sought to integrate these two topics, trying to understand how some variables modulate the process of decision making in a sample of the city of Natal, Rio Grande do Norte state. It was investigated the hypothesis that the presence of both parents, along the individual development, could signal a more favorable environment, providing clues to the individual that he could assume a competitive position at the socio-biological market. His decisions, therefore, could be guided by long-term investments with aims to obtain more robust rewards. On the contrary, those who has suffered for some moment the absence of one the parents could develop theirselves in a not so competitive way, starting to choose immediate benefits - but lesser ones -, since the future would be less predictable due to their worse development conditions. This study involved 152 individuals from three higher education institutions, one of them being public and the others being private ones. In the results found, there was no difference between children of coupled parents and children of deceased or divorced parents concerning discount rates. The levels of hopelessness did not affect the discount rates of children of single parents when compared to children of coupled parents. Not having one of the parents because of divorce made the child to tend to present lower scores in the domain of social relations of WHOQOL - Bref, whilst the absence of the father by death made the scores lower in the domain of environment. The results indicate that loosing one of the parents along the development influences the individual's quality of life perception, but the measurement method of future discounting rates by means of financial choices is not sensitive to this variation

Estilos de aprendizagem sob a ótica da Psicologia Evolucionista

Among a variety of learning conceptions, David Kolb´s Experiential Learning Theory proposes four different learning styles: diverging, characterized by orientation towards people and multi-perspective vision; assimilating, concerned with ideas and abstract concepts as well as theory formulation; converging, expert in dealing with technical tasks and problem solving; and accommodating, risk taker and good at getting things done. Interesting correlations have been pointed out between Kolb s learning styles, professional careers and genders. With respect to behaviors, specific cognitive skills and interests, sex differences are widely known, and explained by Evolutionary Psychology as the result of distinct selective pressures acting on each gender. The aim of this research was to assess adolescents learning styles and their relation with interests on school and career choices, analyzing possible gender differences. We distributed questionnaires to 221 senior high school students to research their preferences for school disciplines, professional activities and career choices. The Learning Style Inventory specified the learning style of each individual. Our results showed a high frequency of reflective styles, with predominance of females as diverging and males as assimilating. Concerning school and professional interests, there were correlations between styles oriented towards the abstract and technical interests. Moreover, females preferred disciplines related to languages and interpersonal activities while males preferred disciplines related to science and technical activities. There were more males in exact science and engineering careers, and more females in social science and applied social science. Correlations found between learning styles, school and professional interests corroborate Kolb´s propositions, and the findings about gender differences are supported by Evolutionary Psychology theories

Motivações para adoção: uma perspectiva da Psicologia Evolucionista

Parental investment increases the offspring s survival, though it decreases the opportunities for the parents to invest in a future progeny. In a broad sense, this investment is directed to one s own descendant, but in some cases, such as in adoption, resources are directed to non-relatives even in the absence of fitness benefits. Once there are many factors involved in adoption, this study investigated adopters candidates, aiming to analyze aspects considered by them for adopting, based on the Evolutionary Psychology s perspective. We analyzed the judicial proceedings´ files people who had been inlisted for adoption at the 2ª Childhood and Adolescence Law Court, Natal-RN. The adopter s motivations were classified into biological or social reasons. A relationship between adopters´ age and kind of motivation was found: requirements of young people were related to biological reasons while requirements of the old ones were related to social reasons. Fertility, mainly female requirer´s fertility, underlie this relationship, considering that women fertility is strongly influenced by age. The reasons to adopt were also related to the age of the desired child, once that people who wanted children older than 25 months alleged social reasons while those that wanted younger babies alleged biological reasons. There are lots of motives to adopt a child, but the phenomenon of adoption is broadly acknowledged by society as an act of love and the adoptive parents are often regarded as kind and generous people. It was observed, instead, that the reasons to adopt comes from the adopters themselves, related to the fulfillment of personal needs, such as increasing the family, carrying out mother/father role or having a company or someone to care form them in elderly age

A formação graduada em psicologia no Brasil: reflexão sobre os principais dilemas em um contexto pos-DCN

Criticism done to the undergraduate training process of the psychologist in Brazil raised debates known as "dilemmas of training". In recent years the classic training model, based on the Minimum Curriculum has undergone a series of changes after the National Curriculum Guidelines (DCN), modifying the context of courses. Thus, this paper aimed to investigate, in a post- DCN context how undergraduate courses in Psychology in Brazil have been dealing with the dilemmas of training. So, we decided to analyze the Course Pedagogical Projects (CPPs) of Psychology in the country. Forty CPPs, selected by region, academic organization and legal status were collected. The data was grouped into three blocks of discussions: theoretical, philosophical and pedagogical foundations; curriculum emphases and disciplines; and professional practices. The results were grouped into four sets of dilemmas: a) ethical and political; b) theoreticalepistemological; c) professional practice of the psychologist and d) academic-scientific. Courses claim a socially committed, generalist, pluralistic training, focusing on research, non-dissociation of teaching-research-extension, interdisciplinary training and defending a vision of man and of critical and reflective and non-individualistic psychology. The curriculum keeps the almost exclusive teaching of the classical areas of traditional fields of applied Psychology. Training is content based. The clinic is hegemonic, both in theory and in application fields. The historical debate is scarce and themes linked to the Brazilian reality are missing, despite having social policies present in the curricula. Currently, DCNs have a much greater impact on courses due to the influence of the control agencies, fruit of current educational policy, and the result is felt in the homogenization of curriculum discourses

Prática de coordenação pedagógica e concepções acerca da atuação em psicologia escolar: desvendando um contexto, repensando caminhos

Considering the necessary approaches with the quotidian of the pedagogical field mentioned in the recent productions in Psychology about the insertion of psychologists in the school field, the objective of this work was to know and to understand the dynamics of functioning of a team of pedagogical coordination, intending to produce reflections on the possibilities of action in school psychology with these professionals. Our field of research was the Municipal School Teacher Emília Ramos (EMPER), considering its peculiar history, distinguished by a constant effort of achievement of the school success by its pupils. As subject of the study, six pedagogical coordinators participated, who worked at the school in the diurne turns, where regular classrooms of 1º cycle of basic education functioned. As procedures, we use participant observations and open interviews, focusing the activities performed by the coordinators and its possible demands to psychology. We use the analysis of content for the production of results. These results evidenced a work of coordination realized on a structured routine, but flexible, centered around the activity of conduction of groups of studies with the teachers. We grouped the demands to psychology in four thematic groups: diagnosis and attending the pupils; orientation to the families, contribution in the formation of the professionals and clinical listening of the professionals of the school. In this way, it is made clear that, in a context where happens a well articulated and consistent pedagogical work, the possible performance in school psychology is not scrumbled or confused with social and pedagogical practical others which many times takes attendance. With these information, we expect to contribute for the theoretical and practical elaborations, in Psychology and the Pedagogy, compromised with the success of the educative work realized in the public schools

Publicação e avaliação de periódicos científicos: paradoxos da classificação Qualis em Psicologia

Recently, Brazilian scientific production has increased greatly, due to demands for productivity from scientific agencies. However, this high increases requires a more qualified production, since it s essential that publications are relevant and original. In the psychological field, the assessment scientific journals of the CAPES/ANPEPP Commission had a strong effect on the scientific community and raised questions about the chosen evaluation method. Considering this impact, the aim of this research is a meta-analysis on the assessment of Psychological journals by CAPES to update the Qualis database. For this research, Psychology scientific editors (38 questionnaires were applied by e-mail) were consulted, also 5 librarians who work with scientific journals assessment (semi-structured interviews) and 8 members who acted as referees in the CAPES/ANPEPP Commission (open questions were sent by e-mail). The results are shown through 3 analysis: general evaluation of the Qualis process (including the Assessment Committee constitution), evaluation criteria used in the process and the effect of the evaluation on the scientific community (changes on the editing scene included). Some important points emerged: disagreement among different actors about the suitability of this evaluation model; the recognition of the improvement of scientific journals, mainly toward normalization and diffusion; the verification that the model does not point the quality of the journal, i.e., the content of the scientific articles published in the journal; the disagreement with the criteria used, seemed necessary and useful but needed to be discussed and cleared between the scientific community. Despite these points, the scientific journals evaluation still is the main method to assure quality for Psychology publications

A psicologia e o programa de saúde da família :novas possibilidades, velhos dogmas?

The model of attention to health has been suffering alterations due to the difficulty faced to put into practice its universal, democratic and institutional layout. Since the movement of Sanitary Reform, which focused in the demands of a new health context and the process of work in the area of health, one seeks uninterruptedly, to find a way which leads to the execution of the principles of SUS. Despite having tried, the model of Sanitary Vigilance centered within the work of a multi-professional team has shown fragmentation and little adequacy to the necessity of health in the population. Whilst inserting himself in the field of health, the psychology professional has taken with him his clinic way of attending to individuals being one more in the team to act in a de-contextualised and little critical way. In virtue of this framework, the Ministry of Health invests in the Family Health Program as a new guide in the health system, restructuring the basic attention at a new logic of action. In this way, the municipality of Natal-RN implants, in the year 2002, the PSF in the Northern Sanitary District, a context in which professional teams are created where there is not an inclusion of a psychologist. Consequently, this professional is excluded of his work space in the previous Basic Unities of Health. This piece of work constitutes in the investigation of the implementation and instrumentalization of the Northern Sanitary District PSF of Natal-RN, having as its objective to analyze the implications of this execution for the structuring of the health network services and more specifically the alterations that this implementation could be making to the practice of the Psychology Professionals, emphasizing its advances, obstacles and limitations. To make this work feasible it was necessary to search for data and information from the implementation and execution of the PSF in the DSN, carrying interviews from a semi-structured guide, with 21 institutional actors (members of the team, coordinators and directors of the unities and psychologists)

Exploração sexual comercial de crianças e adolescentes : o estado da arte nas produções acadêmicas em psicologia

The Commercial Sexual Exploitation of Children and Adolescents (ESCCA) is a phenomenon that has been given priority in public policy agenda of many democratic governments of Western countries and civil sectors of society, besides the object of studies in different fields of knowledge. Psychology is among these areas and is considered one of the references in the construction of knowledge and actions to confront the phenomenon. However, the epistemological foundations of psychological science are quite different, and so, several are his speeches, knowledge produced and ways of conceiving man and the world. This is evident in the publications of psychology on ESCCA. This work aims to achieve a state of the art of psychology publication in Brazil (in the post-graduation - through theses and dissertations - and journals) on the Commercial Sexual Exploitation of Children and Adolescents. More specifically try to evidence (a) what conceptions of commercial sexual exploitation of children and adolescents the authors lists, (b) what are aimed at research and publications, (c) how the research and issues are justified, and (d) that theoretical approaches the authors are affiliated and methodological possibilities are applied to range the aim proposed in their work. In order to do so, a survey was conducted in the major index sites (eg, BVS-Psi, Capes, theses and dissertations database of university libraries) of the material, covering the period 1990 to 2007. Through research on these sites, we built a database, including information relating to the work sought from specific descriptors for studies in the area of victimization of children and adolescents, with reference to a list provided by Faleiros (2000). After reading the summary of the work, the number of recovered 25 productions was reached - including theses, dissertations and articles. For analysis of the material used in the analysis of thematic content. Two axes themes were established in order to guide the analysis: conceptual elements of commercial sexual exploitation, and theoretical and methodological strategies employed. The axes have as reference for analysis a chapter built on the concept of commercial sexual exploitation, so that all analysis is anchored on it. The analysis points to the existence, still strong, conceptual and terminological confusion about ESCCA. Few studies have not demonstrated this confusion, maintaining a consistent theoretical approach. In relation to the theoretical and methodological strategies, there is a great diversity of approaches in psychology surrounding the phenomenon of ESCCA, enriching levels of understanding and action. This diversity reflects a constitutive heterogeneity of psychological science. We emphasize the perspective of socio-historical psychology, most frequently among the publications. It is hoped that this research will help advance the qualitative approach to ESCCA, especially in the field of psychology, as well as contribute to new research in the area and construction of new means of addressing this human rights violation

Por trás das grades :reflexões sobre a experiência do ser apenado na situação de privação de liberdade

This research has resulted of investigations appeared from our work experience as psychologist in a prison of the state Rio Grande do Norte. It deals with the meeting with prisoner in the search for the rescue of the human being dignity, discovering the being that finds annulled by backwards of the prison. The current debate on the prisoners in Brazil has as focus the creation of efficient strategies in the combat to the criminal acts, not being worried in understanding the historical and social conditions in the context in which such acts develop. Our objective was to reach an understanding of the experience of the prisoner in the situation of freedom deprivation in Natal (RN) city. Its significant social relevance meets in emphasized thematic which intends to be revealing of the not-said one of these citizens. The epistemological space and the vision of adopted human being support in the humanist ideas of the Centered Approach in the Person and construct self, central nucleus of the personality theory proposal by Carl Rogers. We opt to the phenomenological method as way of access to the singularity of the experience of each one of the participants, supporting us in the strategy of the narrative as expression of the lived world. The results had pointed that the investigated experience is through suffering, that is, the way to be in the world of prisoner in the situation of freedom deprivation is felt by him/her as difficult to support. This reality is had by him/her as difficult to control, having a negative emotional repercussion for the self, leading the citizen to the alienation of his/her existential flow in these circumstances. The reflections produced in this work take us to consider that the punishment practices on behalf of a normalization of the behavior, linked to the recovery idea, do not meet to the intention of the arrests, that come demonstrating to the inefficacy of the objectives shown in the law as well as the loss of the human being dignity

Concepções e práticas da psicologia escolar :um olhar através do estágio curricular supervisionado

School psychology can be considered a growing professional field in Brazil, in spite of the difficulties concerning both the role of the psychologists in the schools and the restrictions of the labor market. Professional training is one of the most problems faced by the area. The present study is an attempt to investigate the conceptions of school psychology and the practice of the school psychologists inside de educational agencies, from the point of view of the professional training, expressed by curricular supervised training. The reason for this choice was the important role played by supervised training in the process of professional training. To carry out this study, supervised training reports written in the 1980s and the 1990s used in the student evaluation process were examined. As the main results, we point out the co-existence during the 1980-decade of two models of psychological practice: the clinical and the educational, with the dominance of the first one. During the 1990-decade, we can observe the co-existence of the same models with the dominance (but not the hegemony) of the educational model, as shown by the activities of the students. In the 1980s, for instance, the most common activities were observation of the children (45.9%), teachers guidance (40.5%) and psychodiagnostic (37.8%). In the 1990s, the main activities were participation in staff briefings (66.6%), parents guidance (58.0%), teachers guidance (50.0%) and students counseling (41.6%). Aspects related to the importance of professional training - represented by curricular supervised training - to the professional practice are discussed