Programa Liberdade assistida em Natal/RN: adolescentes em conflito com a lei e a violação de direitos

This work shows the results of the research: Attended Liberty Program Adolescents in Conflict with the Law and the Disapproval of Rights, effected in the community of Natal, Rio Grande do Norte, in period of august 2007 to September 2008. It aims to analyze the social-educative attendance directed to adolescents in conflict with the law through the state, since the Social-educative Measure Attended Liberty, known, as an idoneous way of confrontation to the practice of infraction acts imputed to the adolescent, that needs to give emphasis, in disadvantage of the Social-educative Measurement of Internment, to be proposed (ECA, art 118 and 199) to follow the adolescent in this quotidian, close to his family and community, proposing him through social-educative work, the access to education and occupancy, as well other public services, that help him to surpass the context of privation and disapproval of rights in which lives joined to his family. In our study, it was observed in sequence of approaching, subsidized for theoretical-methodological procedures justified in quantity and quality research, that were privileged to the documental research, the observation and the interview almost structured, besides a theoretical basis about the subject, that the relation of category and inequality in which the capitalist society sustains itself, does the practice of infraction acts imputed to the adolescent, acquires a classist character, in which the property of the money defines the access of the justice. And more, many of the poor adolescents that get into conflict with the law, dweller of the periphery districts of Natal/RN, becomes evident as for segment that has been attended in the Jurisdiction of the Infancy and Youth and in the LAN of Social-educative Attendance, becoming individual the infraction act and its confrontation. We hope in this work, to contribute for the care of the reality of the adolescent in conflict with the law in the Attended Liberty Program, without pretension to exhaust it, as well as later studies about the theme

Saída compulsória do estrangeiro do território nacional à luz dos direitos humanos: análise de casos

This paper aims to review traditional concepts inherent to the general theory of the state and human rights, relating to the legal situation of foreign, understood as the subject of rights, especially when the is case of compulsory legal imposition of exit from national territory. After the serious violations during the Second World War and the importance acquired by the International Law of Human Rights, values as dignity, justice and equality are enshrined in the legal system and its respect required beyond the boundaries of any country. The creation of an international community, which is governed by rules that its members are subordinated, without distinction, as well as state - based on volunteerism, become inspired by one principled nature of these new concepts required of Global Society, as well as the adoption, influenced by neoconstitutionalism, to the model of State Constitutional rule of law, are opposed to the idea of state sovereignty connected to a superiority, absolute and unlimited power which recognizes no other above it, not even the basic principles or axioms that must govern the relationships internally. So looks for a concept of state that includes all the requirements of a democratic society, that have the people as the power holder, understanding that state element has undergone a relativization, because had to adapt to the contemporary values applicable to the individual, inserting in its concept, the indispensable obligation to protect the inalienable rights of citizens, regardless of with whom he have legal and political bond of nationality. It happens that, to consecrate these privileges to individuals, which, because they contain reference to values with supranational characteristics, are very abstract and are in constant collision course with internal rules, making it difficult to reconcile, it will use hermeneutics of human rights, due mainly to international courts, correlated with constitutional exegesis, in particular, legal principiologia, using, among others, the principles of reasonableness and proportionality, the systematic interpretation of the Constitution and international legal standards. Thus, it seek to enshrine the common foundation of all law , the link between the systems, namely, the dignity of human beings. Finally, it will see if Brazilian jurisdiction, through case studies, is tuned in line with these new paradigms, and in line with the International Bill of Human Rights, the Federal Constitution, the values and principles she hired