Defensoria pública e sua legitimidade à tutela jurídica dos direitos humanos

The realization of human rights is a prerequisite to the development of peoples, this requires legal mechanisms and techniques to its consistent and effective promotion, protection and fulfillment. So, agree that there is an institution or public agency created for the purpose of protecting those who suffer most in the face of human rights violations: the needy. In Brazil, among other institutions and public agencies, the responsibility of the Public Defender to promote the protection of human rights. The constitutional system recognizes the institution in its essence the role of the state court, whose duty is to provide guidance and legal defense of the needy. The legal system as a whole sufraga the relevance of the Ombudsman as a mainspring of human rights. In the prison system, with the ultimate regulatory changes, such as Law 12.313 of 2010 which introduced changes to the Law 7.210 of 1984, the institution must ensure the correct and humane enforcement of sentences and the security measures pertaining to the needy. With the Complementary Law 132 of 2009, to systematize other duties of the Public Defender, highlighting their contribution to the movement of access to justice. Within the OAS, to adopt Resolution 2656, 2011, characterizing, with ruler and compass, the relevance of the Ombudsman access to justice and protection of human rights. In this step, the present study concerns the role of Defender in the legal protection of human rights, through monographic and deductive methods, as there remains a technical and theoretical connection between these two points themed legal phenomenon, since the rights humans, especially after the second half of the twentieth century, form the basis of the legal system of the major Western nations in the world. This led, therefore, the emergence of technical and legal institutions aimed at realizing human rights. This applies to the Defender. Access to justice and public service provision of legal assistance are human rights, therefore, essential to humans and necessary for social inclusion. Countries such as Brazil, marked by social inequality, depend on the structuring of institutions like the Defender, designed to promote citizenship to the Brazilian people

Foucault e a (bio) política: possibilidades e metamorfose de um conceito

The fundamental question developed in this research is to consider the possible meanings of biopolitics in the thought of Michel Foucault. In the first chapter of this study seeks to examine the rationality of biopower. It is able to show the rationality of acting as a social machinery for the manufacture of the subjectivity of individuals, biopolitics as a producer of bodies and subjectivity. The theme of biopolitics appears as inspiration of Nietzsche's metaphor of war. The idea that history is the war for dominance of the bodies. In the second chapter, the (bio) political will and political thought of resistance, fighting criticism as an attitude of revolt of the subject before his condition subjugated. The biopolitical here is intended as a conceptual tool for reading the thought / Foucault's work. A resistance that can be thought of as a biopolitical as a "refractoriness reflected". The third chapter will seek to show how the Foucault argues that power was already present the ethics of self-care. If the subject is a product, is captured by the discourse of biopower that manufactures its subjectivity, self care, it's time to think about the inner contents. Self care is something that offers resistance, as a possibility to think that these contents are constructed historically, and that therefore it is possible to reestablish the self-care is a policy of fighting these sedimented content that promotes colonization of the subjects. You can move from ruler to ruled itself, although this pursuit of liberty is always unfinished, always be a tension, a desire for freedom that can be undertaken not as a state, but at least the minimum and temporarily in other forms of existence, and other ways of relating, other ways of sociability, friendship, sexuality

Assédio moral na administração pública e a responsabilidade civil do estado

The social and economic changes of the last decades have enhanced the dehumanization of labor relations and the deterioration of the work environment, by the adoption of management models that foster competitiveness and maximum productivity, making it susceptible to the practice of workplace bullying. Also called mobbing, bullying can occur through actions, omissions, gestures, words, writings, always with the intention of attacking the self-esteem of the victim and destroy it psychologically. In the public sector, where relations based on hierarchy prevail, and where the functional stability makes it difficult to punish the aggressor, bullying reaches more serious connotations, with severe consequences to the victim. The Federal Constitution of 1988, by inserting the Human Dignity as a fundamental principle of the Republic, the ruler of the entire legal system, sought the enforcement of fundamental rights, through the protection of honor and image of the individual, and ensuring reparation for moral and material damage resulting from its violation. Therefore, easy to conclude that the practice of moral violence violates fundamental rights of individuals, notably the employee's personality rights. This paper therefore seeked to analyze the phenomenon of bullying in the workplace, with emphasis on the harassment practiced in the public sector as well as the possibility of state liability for harassment committed by its agents. From a theoretical and descriptive methodology, this work intended to study the constitutional, infra and international rules that protect workers against this practice, emphasizing on the fundamental rights violated. With this research, it was found that doctrine and jurisprudence converge to the possibility of state objective liability for damage caused by its agents harassers, not forgetting the possibility of regressive action against the responsible agent, as well as its criminal and administrative accountability.