25 resultados para Pena privativa de liberdade

em Universidade Federal do Rio Grande do Norte(UFRN)


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The quarrel, in this study, tells about the language as social practical in the daily of Parnamirim State Prison that is integrated to the Rio Grande do Norte Penitentiary System - SISPERN, destined for men in fulfilment of penalty privative of freedom, in closed regimen. For the accomplishment of the research, the delimited objectives had been to analyze the language repertoires created in the prisional daily, trying to identify how it´s turned into distinct forms of resistance to the mechanisms of control in penitentiary system; to investigate which are the language repertoires created from the new sociability forms developed among prisoners and identify how the language repertoires are expressed in the daily prisional on relations/exercises of power not-institutionalized. In the methodological aspect, the study is in a qualitative boarding, that has as main instrument the interview. The inquiry was possible by means of using instruments for data collection, like as: the direct comment in the prisional daily duly registered as researcher´s ethnographical procedure, the analysis of interns´ cadastre handbooks and the application of half-structuralized interview, to the subjects of the research. The construction and understanding of the study object had been based on authors who argue on the arrest, as: Foucault, Goffman, Carvalho Filho and, in particular was searched the theorical referencial that approaches the language in a social and cultural perspective: Orlandi, Manfred, Bastos and Candiotto, amongst others. Beyond the normative endorsement of the Brazilian legislation, through the Law of Criminal Execution, of the Criminal Code and the Federal Constitution of the country and the legal apparatus in state scope. Still in the research methodological perspective, after the collection the data had been submitted to an analysis of the speech from Foucalt´s theory and in the Orlandi´s perspective, being also qualitative and quantitative. The results had evidenced that the social and juridical profile of the population in the site inquired is not different of others Brazilian prisons, composed for men, in its majority, with age band between 21 and 30 years old, prisoners for practicing crimes against the patrimony, against life, amongst others, and, in special, criminal recidivists. It evidenced, still, that the daily prisional of PSP is characterized for a sociocultural diversity expressed in the relations of power not institutionalized, that contributes for the formation and division of the groups, each one using a set of language codes/ repertoires sustentation. Therefore, the language, in the daily prisional, is one of the ways to understand the singularity of the sociability relations and as social practicing mediated by relations/exercises of power and antagonistic interests, in which each group aims first of all, their own interests. It represents the complexity of the social relations, in the prisional space, with diverse effects, in function of the situation and the moment. The language in the arrest, beyond the communication function, assumes and represents central element for the sociability human being, contributes for its changings and it´s configured as one of the resistance forms of prisoners against the controling, disciplining and monitoring mechanisms of penitentiary system

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This study critically examines the effects of public policies, implemented by Fundação Estadual da Criança e do Adolescente (FUNDAC/RN), along with adolescents of both sexes, perpetrators of illegal acts in compliance by court order, by socio-educative measures , identifying the contradictions that permeate the understanding and treatment of issue. The aim is to investigate the chances that youths have by living in Centro Educacional Pitimbu and Centro Educacional Padre. João Maria (CEDUC), to become subjects in the exercise of their citizenship. The methodology adopted is the verbal history of life (MEIHY, 2005) of youths that had life experiences in these institutions from 2002 to 2005, allowing researchers to access directly to investigated individuals, through the place where they currently reside, and enabling the reconstitution of their life story, from semi-structured interviews. The young people s statements interviewed were grouped and analyzed from the following categories of analysis: the egress and family, the school and egress, the community and egress, the egress and work, the egress and CEDUC, the egress and experience infringement. The results indicate that, despite the advances in Brazilian legislation for the sector, the actions promoted by these institutions generally would have produced innocuous and stigmatized consequences. Moreover, they show in essence that they carry on their inner contradictions which fundamentally correspond to the interests of the dominant system and a society which uses mechanisms of social policy, in addition to favoring the control and repression. And thus, while such actions remain unable to produce important changes in the conditions of existence of young people who meet by social deprivation of liberty, it is possible to say that the chances are minimal so that they become autonomous subjects in a society that, preferring their punishment, denies them, stubbornly, access to their basic rights. In theory, the researcher dialogues with authors as Foucault, Goffman, Bourdieu, Offe, Bauman, Boaventura Santos, Takeuti, Germano, Ariès, Wacquant, among others

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This dissertation focus, as main objective, to address the issue of fundamental rights and political freedoms of the individuals, guaranteed by the Constitution of 1988, with emphasis of study in the constitutional guarantee of freedom of speech, as well as in national related constitutional law institutions and its derivatives, and the connection with the historical and political affirmation of fundamental human rights and its importance for the construction, maintenance and consolidation of constitutional democracy in the Federative Republic of Brazil. This paper mainly deals with aspects of juspostive nature, focused mainly within its doctrinal aspect, making, for such, references both to the patrian doctrine and the foreign one, without forgetting the necessary jurisprudencial focus and analysis of the positive patrian planning with references to comparative law, in order to describe and analyze the emergence, evolution and dissemination of the institute, both in the major countries of the Western World and along the Brazilian constitutional history.

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The current research come from need to analyze possibilities to materialize human dignity principle during freedom curtail penalties fullfilment, abreast finding that internal and international regulations dictate this is the way to be tread by Brazilian penitentiary system, however, verily, indignity, assistance missing, overcrownding, crime, in the end, barbarie reigns. The work will analyze two strands in order to effective the mentioned principle: the state responsability optics, such in internal scope, as internationally, abreast historical omission in satisfy Constitution, international treaties and laws; and also indicating penal execution alternative methods adoption as a way, bringing to fore a case study - called "apaqueano" method. With such desideratum will bring, first of all, considerations about consolidation process of human dignity principle, its concept and essential content. Furthermore, will address historical and philosophical evolution of freedom curtail penalties. As it follows, will be done an approach about constitutional and underconstitutional legislation that disciplines penalties fullfiling in Brazil, analyzing their main aspects, emphasizing the possibility to charge Brazilian state for disregarding mentioned standards. Next, will also be started a critical analyzis about international regulations, which forbids diminishing or cruel penalties or treatments, approaching human rights international treaties and conventions ratified by Braziland their incorporation and effectiveness in local Law, emphasizing monitoring forms and country international charging possibility for disregarding international regulations. Lastly, will advance to the real possibility to materialize human dignity principle in penalties fullfiling, based in a case study verification - the APAC (Associação de Proteção e Assistência aos Condenados) called method, analyzing the various theories about penalties grounding, with emphasis in their ressocializing function, as well as traditional penitentiary systems, and the theory adopted by vernacular order, in desideratum to contribute to improve national penitentiary system chaotic situation

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The judicial intervention in limited liability company goes through several issues of legislative and hermeneutics origin, based considerably on the small importance given to freedom of economic initiative by the participants in the process of formation and application of the law. In addition, Brazilian law, due to incompleteness, inconsistency or lack of valid grounds, put the judge in a procedural delicate situation. Being forced to judge, the judiciary faces severe uncomfortable interpretive situations, of which derive solutions of dubious constitutionality and affecting, significantly, the dynamics of business activity. In this context, and considering the limited liability company as an expression of free enterprise, corresponding to a lawful association of people in order to undertake economically, in exercise of his freedom of contracting and professional action, intended to be offered safe parameters of constitutionality for judicial intervention in limited liability company in the hypothesis of (i) transfer of corporate shares, (ii) attachment of corporate shares, (iii) dismissal of directors, (iv) appointment of judicial stakeholders, (v) exclusion of shareholders and (vi ) trespass. The hypothetical-deductive approach was adopted, building hypotheses to overcome the gaps and unconstitutionality of the law and subjecting them to tests, reviews, and comparisons with hypothetical facts and case law in order to determine the constitutional validity of the proposed solutions. The procedure aimed to reconcile the historical, comparative, dialectical and scientific methods. The roots of temporal institutes were researched as well as current solutions provided by national and compared law. From problematizations point, addressed by the constitutional interpretation of the law and jurisprudence, responses that bring out the unconstitutionality of certain conceptions were headed

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The right to artistic expression, freedom granted in the western democratic constitutionalism, is a fundamental right that cyclically, compared to other cohesive rights of expression, has been forgotten and put in an irrelevant juridical-dogmatic position. The first reason for this behaviour that disesteems artistic freedom is the valorisation of rationalism and scientificism in the modern society, subordinating academic researches to utilitarianism, relegating the purpose of feelings and spirituality on men s elocution, therefore, we investigate, guided by philosophy, the attribution of art on human formation, due to its capacity in harmonising reason and emotion. After that, we affirm the fundamental right to artistic expression s autonomy in the 1988 valid constitutional order, after a comparative explanation of freedom in the Fundamental Laws of United States, Portugal, Spain and Germany; and the construction historic-constitutional of the same right in the Brazilian Constitutions. In this desiderate, the theoric mark chosen is the Liberal Theory of the fundamental rights, guiding the exam through jusfundamental dimensions: juridical-subjective and juridical-objective. Whilst the first, classical function of resistance, delimitates the protection area of the artistic expression right from its specific content, titularity and its constitutional and subconstitutional limits, the other one establishes it as cultural good of the Social Order, defining to the State its rendering duties of protection, formation and cultural promotion. We do not admit artistic communication, granted without legal reserve, to be transposed of restrictions that belong to other fundamental rights and, when its exercise collides with another fundamental right or juridical-constitutional good, the justification to a possible state intervention that tangentiates its protection area goes, necessarily, through the perquisition of the artist s animus, the used method, the many viable interpretations and, at last, the correct application of the proportionality criteria. The cultural public politics analysis, nevertheless, observes the pluralism principle of democratic substratum, developer of the cultural dialogue and opposed to patterns determined by the mass cultural industry. All powers are attached, on the scope of its typical attributions, to materialise public politics that have the cultural artistic good as its aim, due to the constant rule contained in §1, art. 5º of the Federal Constitution. However, the access and the incentive laws to culture must be constantly supervised by the constitutional parameter of fundamental right to equality

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The research aimed to analyze the feasibility of forming a network of municipal services to prevent and treat child victims of violence from the Basic Health Units in the Family Mossoró / RN. The research is a qualitative approach and was developed in the form of action research. The population was composed of representatives of institutions of the child and primary care professionals. Data were collected through questionnaires, workshops and semi-structured interview. The results were analyzed from data collected through the questionnaire designed to assess the material, lectures, dialogues and assessments with the team and presented in accordance with the findings of the research. The study was approved by the Ethics in Research UFRN with protocol No. 158/2010, CAAE: 0176.0.051.000-10. Situational diagnosis in the participants answered a questionnaire to characterize and then launched the guiding question of the focus group FHS While professional what your perception towards violence against children? It was felt the fear and ignorance on the part of the unit staff on how to prevent and to refer cases of violence against children and adolescents in the area of coverage of the unit and also realized that the professionals felt victims of occupational violence before the violence has reached proportions that the area of the unit. Mind the need to change strategies to work to combat violence, we plan to conduct focus group workshop to complete the questionnaire, training for protection against occupational violence, and meeting with other bodies responsible visor protecting children and adolescents to draw the flowchart of the victims in safety net. The next moment training to fill the notification form professionals were interested in learning and use this tool to combat violence. At the third meeting in Unity, meeting with representatives of the Child Protection Council, the professional unit showed interest in interacting with the agency to expose and combat violence against children and adolescents. Due to difficulties in the physical structure of the unit was not possible to continue the research and planned every moment, and then completed the data collection with interviews with the participating professionals, to assess the meetings. Therefore, it is considered that action research has also achieved its goals because the team was involved in the collective construction of a proposed change in the practices of referral and prevention of violence against children and adolescents. This involvement was favored using the principles Freirian during the course of the study. However, it is assumed that the network was not fully implemented because it is known that it is in a continual process of improvement and must continue evolving with the unit team.

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This work presents the design and construction of an X-Y table of two degrees of freedom, as well as the development of a fuzzy system for its position and trajectory control. The table is composed of two bases that move perpendicularly to each other in the horizontal plane, and are driven by two DC motors. Base position is detected by position sensors attached to the motor axes. A data acquisition board performs the interface between a laptop and the plant. The fuzzy system algorithm was implemented in LabVIEW® programming environment that processes the sensors signals and determines the control variables values that drive the motors. Experimental results using position reference signals (step type signal) and straight and circular paths reference signals are presented to demonstrate the dynamic behavior of fuzzy system

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The present work shows the development and construction of a robot manipulator with two rotary joints and two degrees of freedom, driven by three-phase induction motors. The positions of the arm and base are made, for comparison, by a fuzzy controller and a PID controller implemented in LabVIEW® programming environment. The robot manipulator moves in an area equivalent to a quarter of a sphere. Experimental results have shown that the fuzzy controller has superior performance to PID controller when tracking single and multiple step trajectories, for the cases of load and no load

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This present thesis has the object to study the discursive constitution the teacher s subjectivities of practice permeating the sections of the magazine Nova Escola between the years 2000-2005. Problematizes how the teacher s subjectivities are produced facing the discourse of truth, which effects establishes a program for autonomist professional development in a perspective of neo-liberal governmentality. Then from this uneasiness arises some requisite questions: in the new century how teacher s subjectivities are discursively produced in magazine s sections Nova Escola during those five years of governmentality? In which perspective the discourses throughout government documents in related with professional development reflect in the linguistic-discursive repertories adopted by Nova Escola? How the experts belonging to the cadre from and/or guests from the magazine, seeking equip discursive the teacher s subjectivities for the XXI Century? Therefore, this paper objective is to examine the linguistics strategies used to produce these subjectivities at magazine s sections, what it admittedly teaches another method how to be teacher; and also it analyzes the discursive practices that compound and set boundaries to the autonomist professional development proposed by sections the magazine; describe technologies used by experts to equip and conduct of conduct the teacher to govern the self. This research is inserted theoretically in the field of Applied Linguistis, to the Cultural Studies and about the contribution of Michel Foucault s theories and methodologically in the perspective discursive interpretative. The results seek to show that the teacher s subjectivities are produced by many technologies of the self, traversed by government discourses and ratified by discursive practices of the magazine s experts. That discourse, without any oppressing or authoritarian connotation, opens space for practice of Freedom and self guiding to both constitute the subjectivity process of the teacher in the XXI Century s path

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La tese avvicina le Memorie dal carcere, di Graciliano Ramos e i Quaderni dal carcere di Antonio Gramsci, in una prospettiva in cui essi erano uniti per lo stesso ideale politico della prima metá del XX secolo e rappresentavano la resistenza intellettuale di fronte alla repressione. Entrambi furono vittime dell autoritarismo dei poteri fascisti e registrarono il periodo di prigione in differenti forme memorialistiche. Questi scrittori sono uniti anche per il contesto nazionale molto simile per la differenza economica tra le regioni. Condividono, inoltre, anche il concetto di arte e la certezza che l alienzazione dell intelligenza può essere superata solamente attraverso la ricostruzione delle basi nazionali per mezzo della conoscenza, dell educazione e della cultura. Si vuole mostrare come i concetti di Gramsci sono presenti non solo nella convinzione politica di Graciliano, ma in tutto il suo stile letterario memorialístico. Il lavoro, ancora, paragona le Memorie del carcere con due testi memorialistici di prigione in Italia, che sono Le mie prigioni, di Silvio Pellico, e Se questo è un uomo, di Primo Levi, per dimostrare che la proposta della letteratura gramsciana è molto più vicina allo scrittore brasiliano che ai due suoi conazionali.

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Common understanding about what freedom means has always been more or less related to the power to realize something intended, desired, a capability. Therefore, being free is commonly interpreted under the concept of free-will and the category of possibility to act. Although there are predecessors in History of Philosophy, Schopenhauer refuses the thesis of free will proposing otherwise the denial of willing (to live) as the ultimate possibility for human freedom, if not the only one left. The thesis that would make him famous was deeply misunderstood and so miscarried somewhat due to the way it was many times presented by the means of exotic examples wrapped in a mystical mood besides exaltations to Eastern traditions, which may satisfy anthropological curiosity instead of being capable to satisfy the reader in a philosophical way. It seems to result from Schopenhauer s thought a kind of pessimism against life. Otherwise, typical readings on the Schopenhauerian thesis are found full of inconsistencies once closely regarded, which blame does not belong to the author but to his interpreters. A new reading about the denial of willing as the ultimate possibility for human freedom demands a criticism on the inconsistencies and prejudgments deep grounded. For this, we firstly clarify the ways of understanding the willing nothing , which cannot be reduced to the mere refusal or conformism, being instead positively understood as a special manner of willing: the admission of oneself for the sake of one is. A few more than a century later The world as will and representation came to light, Heidegger proposes in his fundamental ontology that the proper being-free concerns to originary decision by which, in anguish of being suspended in nothingness, Dasein renders itself singular as the being who is in-a-world and to-death, concluding that the ultimate possibility of freedom is being-free-to-death. Developing the hypothesis that freedom, properly understood, concerns to nothingness as to indeterminate possibilities, we seek for a dialogue between Schopenhauer s thought and existential philosophy aiming to reconstitute and overcome Metaphysics tradition turning the question about freedom into a matter of Ontology. From the factual existence perspective, as we must show, every human activity (or inactivity) is ordinarily mediated by representations, in which me and world appear as distinct entities. So, each one among determininate individuals finds itself connected to the things in the world by interest, which proper concept must be sufficiently explored. Starting from this point, we may proceed to detailed analysis of usual representations of freedom aiming their destruction by Ontology and then reaching existential thesis according to Kierkegaard and Heidegger. Turning back to the analysis of Schopenhauer s work, we conclude existential understanding of freedom as will-to-be can also be found in Schopenhauer. In this way, denial of willing means ultimate freedom once the Will turns back to its own essence by suppressing the world as representation, which means the originary absolute indetermination of the extreme possibility to-be

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The concept of freedom and his presupposition, the free will or libera voluntas in Lucretius relies on the notion of clinamen (declination), an occasional and random motion of atoms, inaccessible to experience. It is endowed with a complex movement provided by spontaneity, without the need for mechanical causes. The action of perceiving (sensus) is selfconsciousness, according to which this will, illuminated by previous experiences (sensory, intellectual or emotional) of the soul, takes advantage of the freedom and own spontaneity of atomic motions to drive them to a perceived direction and chosen. On the other hand, if we consider that the declination has a predominant role for the acts of will, we are facing other problems and questions. There is always the choice of a determined action and, therefore, even if the individual is facing a need to act, is possible choose to do not continue finish this action. Thereby, the will is related to conditions that are originate, ultimately, from the images formed randomly in space and impress the soul: the simulacra of desire and pleasure. The declination itself is a very important notion in this research, in order to emphasize the relationship between the freedom and the kinetic of elements. The approach developed in this work had as main objective to investigate the philosophy of nature and the soul in Lucretius, their constituents and movement, as well as demonstrating how the notion of clinamen articulates with the concepts of image, desire and pleasure, proposing a possible interpretation for the declination as an indeterminate and ethical foundation of freedom

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Épicure de Samos (341-270 a.C) fut l'un des plus importants penseurs de l'Antiquité. Le philosophe du Jardin, comme il a été connue, aurait écrit au moins 300 volumes. Ayant vécu dans une Grèce sans l'autonomie des temps passés, a vu l'atténuation du sens de liberté (eleutheria) dans le domaine social. En outre, la théorie atomiste que lui précédée et lui a influencée postulais un déterminisme qui avait entraîné la fatalité et l'élimination des eleutheria aussi dans le domaine de la nature (physis). Dans ce contexte, il donne, de la physiología, une forme originale à l'étude de la physis, afin de postuler l'existence du hasard (tychè) agissant dans le monde phisique et de la liberté, dans l‟action humaine. S‟il fait cela, c‟est parce qu‟il croit que être libre est condition du bonheur et celle-ci réside dans le plaisir. Pour cela, Épicure va présenter l'indéterminisme dans le domaine de la physiologie, garantissant l'existence d'un mouvement de déclinaison de l'atome - le parênklisis. Ainsi, dans ce travail, nous allons effectuer une analyse de la façon de se montrer le sens d‟eleutheria développé dans la pensée de ce maître et comment il interagit avec son projet d'éthique. En particulier, nous discutons de comment, de la physiología, Épicure pense un éthos-llibre tourné vers la réalisation du plaisir, de la vie heureuse. Pour cela, nous utilisons la Lettre à Hérodote, la Lettre à Pítocles, la Lettre à Ménécée, 81 Sentences Vaticanes, 40 Maximes Fondamentales et les rapports doxographie

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This dissertation aims to address the concept of freedom from the perspective of the French philosopher Jean-Paul Sartre with reference to the main work Being and Nothingness. After presenting the concept of freedom we will try to show that it is related to the notion of responsibility, which will lead, ultimately, to define the Sartrean philosophy as a philosophy of action. In the first chapter we will present in passing the phenomenology of Edmund Husserl, philosopher from which Sartre will develop his concept of freedom. The Husserlian notion of consciousness (intentionality) is the way to develop his analysis of Sartre phenomenon of being. From this analysis Sartre submits their concepts of being in-itself and being for-itself. Being initself is defined as the things of the world devoid of consciousness, are the things that surround us. The In-itself has as its main brand positivity: it is what it is, is all that can be said about him. In turn being For-itself is the very being of man, which differs radically from the In-itself. The For-itself has as its main intentionality, ie, its ability to project outside itself in existence. That's when Sartre shows that this type of being realizes its existence on the basis of a constant nihilation. Here comes the notion of anything. Among the relations of the For-itself with the surrounding world stands a very special: relationship between consciousnesses. It is when we discuss the issue of another. Intersubjectivity, through sartrean analysis of look, show that the For-itself assumes a new existential dimension: the being-for others. That's when Sartre will emphasize his notion of conflict. The conflict in intersubjectivity would come from the fact that you want to take another- For-itself as an object. Given this we will analyze what Sartre called the concrete relations with others. The philosopher submit such relations in the form of ducts and conduits assimilation of ownership. In the first my-self to try to "get lost" in the consciousness of another, ownership of my conduct in-itself tries to "take ownership" of the subjectivity of the other and try to treat others as things, as objects. In this sense Sartre examines the experiences of love, masochism, indifference, desire and sadism. Following this route we will enter the land of freedom itself, which is the major theme of our work. Since Sartre defines the For-itself as a being that is projected to create your way of being, it can only define it as freedom. The freedom of the For-itself is taken in terms of autonomy of choice. Once the For-itself has no way of being a thing as being in-itself, it just may be picking up, that is, making your being. Here Sartre speaks of the anguish that would be the symptom of freedom itself. The fact that the For-itself have to choose on whether the call as one being distressed. However, in most cases the For-itself tries to escape from the anguish of freedom and takes refuge in bad faith. After setting the man (For-itself) as freedom Sartre defends that he is totally responsible for what he does of himself. Once the philosopher holds that man is not predetermined, ie, does not have an a priori essence, his philosophy has as its basic assumption the action. If Sartre argues that the For-itself must constantly choose your way of being, the action is the basis on which man will exercise his own freedom. In this sense we conclude the work with an approach to work Existentialism is a Humanism, which represent the entry of the philosopher on the practical aspects of life