Barreiras de sobrevivência: angústias e dilemas de jovens infratores pós-institucionalização

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

Direitos humanos e dilemas da democracia no Brasil: um estudo sociológico do trabalho policial (1985-2009)

According to the Public National Security Plan, the security is "[ ] a right by democratic excellence legitimately desired by all sectors of society, which is the fundamental right of citizenship, obligation of the constitutional state and responsibility of each one of us." The 1988 Constitution recognized the rights of life, liberty and personal integrity, considered torture and racial discrimination as crimes. The prime directive of the National Security and Citizenship (Law No. 11,707 of June 19, 2008 - PRONASCI-Brazil) expresses the commitment of the Brazilian state with the promotion of human rights. But despite this formal recognition, official violence continues to be used as a means of maintaining social order, consolidating a police action violating human rights (Amnesty International report "They go in shooting" - AI Index: AMR 19/025/2005) . This thesis analyzes the police work combined with the extension of citizenship rights, the spaces of freedom and democracy as a measure for the degree of affirmation or denial of the Human Rights in Brazil, and proposes the construction of a human friendly Police Force (Post - Colonial, Post-Abyss, Intercultural and Democratic)

O princípio constitucional do desenvolvimento e a utilização de recursos hídricos na indústria de petróleo

As can be inferred by the title of its study The constitutional principle of sustainable development and the utilization of hidrical resources in the oil industry the transcribed pages are dedicated to the approach of the mentioned subjects which, despite being apparently different, will be shown intrinsically connected as goes by the study. The superation of this first step by the reader will lead to an important perception of the title: that the situation requires, urgently, a defined posture, a complete conduct change and, therefore, a modification of the paradigms currently establisheds. To brake barriers, modifying what is lived by, is the ultimate goal. For that, there is no unique path, linear, but there were broached the development themes, the hidrical resources theme and oil and natural gas industry at the necessary points to achieve, by the end, a comprehension for the Brazilian Federal Republic goals in the search for the application of these juridical norms. The ones whom lay down over this study shall notice that, more than a simple approach over these themes (which are still less worked and searched in Brazil), the heavy critic of an instituted and pacifically accepted reality, directly offensive of the constitutional principles. The debate evolves from punctual and specific aspects, it gains life, flies, searching how the juridical order equalizes the economic model to the environment defense. Standing by the possibility of conciliation among constitutional principles, the remodeling of an economic segment is defended, aligning it to the sustainable limits. Development, sustainable, becomes means and goals to the implementation of liberty, capacitating everyone to achieve their goals of life, their libertments, fruit of the inherent antagonism of the Constitution the sustainable development offers, while an axiological vector, a new reality to the economic order, turning it into a motriz element to the fortification of constitutional normative force and for the national development

Desenvolvimento como acesso às políticas públicas: a reforma do estado e a concretização dos direitos prestacionais

The state s evolution, after its liberal and the social stages, arrives at the post-social state, also regarded as regulatory state, which, in order to accomplish the state s aims, employs indirect interventions in the economy. The new model of administration adapts principles and concepts form the private sector such as the quest for efficience and tangible results, also striving for the decentralization of state s power to improve effectiveness before the new paradigm of handling of affairs of public interest. Present state derives its legitimacy from the efficiency principle, the legitimacy of the public administration cannot be limited to an analysis of legality, but the fulfillment of the ends envisaged by the public authority on its policies. These public policies have the objective of satisfying fundamental rights of the citizens. The access to public policies set by states as a way of enjoyment of the aforementioned rights constitute a legal and demandable path of development. The creation of public policies and the access to them must abide to the efficiency principle. This access must be taken unther the principles of legal and material equality, inasmuch as the liberty and real liberty. The access must also be observed as a matter of limited resources to grant, in reality, the access and enjoyment of these rights. The demandable nature of the access to public policies binds the public authority into broadening the range of these policies to every one who needs them. Thus, in this spectrum, the role of the Regulatory State, as the legal instruments for access of public policies as a legal path to development, is analyzed in the present work

A contribuição de Diké na formação do Emílio ou o papel da jurisdição constitucional na concretização do direito social à educação

The fundamental social right to education has a lengthy constitutional argument, having been declared as a right to everyone in the Title dedicated to the fundamental rights and warrants and, later, scrutinized in the Social Order Chapter exclusively devoted to this theme, where specific rights are guaranteed and fundamental duties are imposed to family, society, and state. In that which concerns education, the 1988 Constitution is the result of a historical-normative process which, since the days of the Lusitanian Empire wavering between distinct levels of protection warrants in some way the educational process. Nevertheless, not even the State s oldest commitment to education has been fully achieved, namely, the annihilation of illiteracy. Even as other fundamental social rights, education is inflicted with the lack of effective political will to reach its fulfillment, and this is reflected in the production of doctrine and jurisprudence which reduce the efficacy of these rights. The objective of this work is to analyze what part is to be played by the constitutional jurisdiction in the reversal of this picture in regards to the fulfillment of the fundamental social right to education. Therefore it is indispensable to present a proper conception of constitutional jurisdiction its objectives, boundaries and procedures and that of the social rights in the Brazilian context so as to establish its relationship from the prism of the right to education. The main existing obstacles to the effective action of constitutional jurisdiction on the ground of social rights are identified and then proposals so as to overcome them are presented. The contemplative and constructive importance of education in the shaping of the individual as well as its instrumental relevance to the achievement of the democratic ideal through the means of the shaping of the citizen is taken into account. The historical context which leads to the current Brazilian educational system is analyzed, tracing the normative area and the essential content of the fundamental right to education aiming to delineate parameters for the adequate development of the constitutional jurisdiction in the field. This jurisdiction must be neither larger nor narrower than that which has been determined by the Constitution itself. Its activity has been in turns based on a demagogic rhetoric of those fundamental rights which present a doubtful applicability, or falling short of that which has been established showing an excessive reverence to the constituent powers. It is necessary to establish dogmatic parameters for a good action of this important tool of constitutional democracy, notably in regards to the fundamental social right to education, for the sake of its instrumental role in the achievement of the democratic ideals of liberty and equality

Diálogos e reflexão

The present work highlights the importance of Dialogue in dealing with situations of crisis, and human conflicts. It has a starting point in some ideas of David Bohm, and in so doing, it presents itself with the challenge of testing the premise that dialogical strategies, of thought and action, can make the human choices inherent to those situations, more coherent and creative. They also allow us to elucidate and grasp them, towards broader comprehension and resolution, while keeping the framework of consistent assessment. However, we believe that said strategies are not, necessarily, problem solvers. With that in mind, we expanded the notion of Dialogue , systematizing dialogical visions of the world, derived from the ideas of David Bohm, Paulo Freire and Mikhail Bakhtin, in which they give priority to the Dialogue component, in all human relations within crucial contexts. From the elaboration of that systemic and dialogical interface, in which Dialogue appears as common theme, and pervasive tool, we detected the emerging of ancillary themes such as Liberty , Consciousness , Creativity , Ethics and Responsibility . We see these themes as ways of comprehending Life, as each one embodies interests, needs and shared human motivations. We have articulated them as a network, and added to that the need of Reflection in conjunction with Dialogue as a watchful call for noticing the incoherence

No caminho das artes marciais: a relação mestre e discípulo como educação sensível

This research reflects the relationship between Master and Disciple original from the Martial Arts, and anchors their focus on sensitive education that emerges from this relationship. The interest here is knowing how the tradition of millenarian teachings is passed through the years, and how it gives from the relationship of Master and Disciple. To that end, I lean me in that context and also reflect on my experience as a Disciple of the Martial Arts, to that end, I lean me in that context and also reflect on my experience as a Disciple of the Martial Arts, and is from the immemorial fund that can give voice to that experience, through my body attached in the world of significations in which the experience lived is narrated by the story. Anchored from the phenomenological attitude from the philosopher french Maurice Merleau-Ponty, I think this research on three central pillars to guide our study categories, namely: the lived experience, body and liberty. Still, as a form of highlighting this sensitive work, beyond the texts of the philosopher Merleau-Ponty, we bring our dialogue of the cinema, literature and the writings of some the Masters of Martial Arts. For that, I think this research as a journey, where it, Master and Disciple march together in the ways of Martial Arts, baptizing and celebrating this sensitive education from that relationship affective and empathic

Uma (re)leitura teleológica da filosofia moral em Kant : por uma necessidade de inclusão do homem na natureza

Made from the bases of metaphysics, this dissertation is related do Kant‟s moral philosophy. But the itinerary to reach the main speculation used to develop this current understanding of Kant‟s thoughts, it is nothing but an attempt to make the formal rigor more flexible, which has always been associated to Kantian ethics‟ perspectives. From the awareness of what this formalism could be, while a moral arrangement, it is how we will be able to come upon a teleological Kant. That is the fundamental element to comprehend some of the significant aspects in that ethical system, which necessarily comes through the effort to demonstrate the proximity between reason and sensibility, as well as nature and liberty. In this environment, the journey to achieve the autonomy, as the bedrock of liberty and morality, evokes the support of education in Kantian patterns, which enables a course of improvement of the human being, as an individual e, more significantly, as specie. This evolution progress, which tents to reveal the destiny of the humanity, is evolved in the relationship between necessity and finality, as a condition to make the structure of a project to humanity possible. We should mention that it is a rational, an educational and a moral project to be developed in the course of history. As a consequence, the amount of all these elements permits the development of the man‟s natural disposition as a creature that looks for self knowledge , becoming, afterward, dignified to be qualified as a human being. Finally, this study intent to figure out the necessity of the human being inclusion to nature, which happens throughout the acquirement of the individuals‟ conscience

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

Sujeito e liberdade no pensamento de Michel Foucault

The leitmotif of this dissertation research is on the relationship between two fields of questioning in the Foucauldian works that may be considered, at a first glance, irreconcilable: the understanding of subject as the result of determinations, on the one hand, and its ethical stance of seeking the creation of liberty, on the other. Since, despite this apparent inconsistency, both ideas are present with much emphasis on the work of the French thinker, to understand the way Foucault articulated these two ideas was necessary to elucidate and interrelate the way in which he thought about the concepts of subject, power and liberty. Traveling with the author his intellectual itinerary, it was revealed that his conception of subject and liberty can be reconciled (although maintaining its problematic nature) and, also, both are inextricably linked each one as a result of the other. Tracing, with the author, his intellectual itinerary, it was also possible to identify and describe the fruitful conceptual tools for thinking about our own determinations and about the possibilities we have of creating new subjectivities and liberating experiences

O conceito de consciência em o ser e o nada de J.-P. Sartre

This current discourse intends to prove how consciousness or Being-for-itself presents the idea that in its operation one can emphasize that it s Nothingness, transience and liberty in Jean-Paul Sartre s work O Ser e o Nada. To testify the proposed idea, the conception that Sartre gives to consciousness, representing nothingness, without any content that is connected to the possessor objects of a transphenomenal existence will be the starting point. This way, consciousness will be analyzed transcendently to the object that it s not, demonstrating its revealer-revealed condition, because it unveils a concrete world that exists against its idea, functioning as the revealer intentionality that there are beings instead of nothingness, obeying the ontological proof defended by Sartre. From this idea, every kind of consciousness will always be consciousness of something, a glance of the world, avoiding the fact that the consciousness could be considered nothing in the world. In order to live its original negation state of the world, apprehending this same world, with the purpose of a knowledge, it needs to be divided in two: the first degree consciousness or previous-reflexive cogito, that turns the proper reflexion possible, because, it s the consciousness proper transphenomenality of being different of all that connected to its existence being only its consequence; and the cogito, responsible to the positioning of the first degree consciousness, while aware of its own consciousness, that is, while being certain that knows. From this point, the way to untangle the consciousness or Being-for-itself will be developed as being Chasm, Liberty and transience. From this idea, it s intended to know how consciousness, that in Sartre s thoughts is originally nothing, could turn into Liberty that is presented in the field of transience? In other words, how these three internal structures imbricate one another to form consciousness in Sartre? First of all, it has to be considered the review of a conduct of human reality, the inquiry, that will be possible to understand how Nothingness exists as the mold of all kind of negation. After this, it will be shown, considering its way of existence, the human reality that is connected to Para-si, determined like nothingness, still is proposed like Liberty. Form this point, it will be possible to gleam how Liberty is lived deeply by Para-si in the shape of chasm, trying to how Para-si turns into nothingness, creating a chasm based on its proper liberty. Then, Liberty will be the proper mechanism used by Para-si to modificate its original chasm. The way Being-for-itself has to build to gain its goal will be projecting in transience, the building of something possible that brings one being back. However, will be demonstrated like Chasm can occupy the moment of a choice turning the decision instant an anguish stage, based on the failing of stability of the Being-for-itself, once nothingness persists in the field of the possibilities that human beings preserves in its essence while being essentially Liberty. From this idea, anguish will be studied as the proper consciousness of Liberty, being bad-faith the attempt of avoid Liberty trying to gain a shelter contradicting the fact that life is done of continual choices

O Serviço Residencial Terapêutico: cartografias de um híbrido no contexto da desinstitucionalização em saúde mental

This thesis seeks to uphold the idea that the therapeutic residential service, as hybrid device and recent process of deinstitutionalization in mental health, works as a problem producer while it also indicates challenges and potentialities in this process, the attention on mental health and on its own care production. To that end, we work with the prospect map with which we approach reality as the subjectivities production field which transformations and intensities are the major thought propellants. From this perspective, it was possible to produce three "purpose maps" from meetings with actors and groups involved with the TRS and the theoretical study carried out. On the first map we mapped the conditions of possibility of this device and its design in the midst of the process of institutionalization and health policies. We indicate on it the TRS configuration as a hybrid and we hassled its proposition as a means of "social rehabilitation" that can work as a social homogeneity mechanism. On a second map, we cartographied mental captures through images and ways historically built from madness presented in the biopolitical contemporary game and we indicated that the resistance to such catches should be built on a politic daily basis as important vectors of the institutionalization process in mental health. Finally, on a third map we mapped the carefulness produced in the TRS, by analyzing the transition psychiatric hospital - TRS and the caregivers´ team work. On this mapping, the care, for the weakness in the coresponsibility field, is reveled crossed by mental, disciplinary and normality elements, but it is also built in resistance born from links in the intersubjective field of the caring work. We conclude, then, that the TRS power and the deinstitutionalization process itself were in building and strengthening affective labor micro political networks of life and liberty producers

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

A inserção da família no processo socioeducativo de adolescentes em privação de liberdade

This master thesis has the main goal investigate how families are inserted in the socioeducational process of teenagers who are undergoing social measures of liberty deprivation. The specific objectives are: to characterize the family´s living together of adolescents deprived of their freedom and their families, from the actions and routines of the socio-educational system; to assess the professional working links in the context of socio-education, in order to care and strengthening families of the adolescents; to investigate how families evaluate the operation of socio-educational process in which adolescents are met. Method: to achieve the proposed objectives, data collection occurred in complementary steps: the first phase took place from visits to socioeducational units of liberty deprivation of RN, and dialogues with professionals working in socio-education. Subsequently, action research stage was carried out, from the insertion of the researcher in the extension project Family and the struggle for the effectiveness of the National Socio Service System, that aimed to strengthen monitoring the adolescents socio-education by their families, and had as methodology the conversation circles and thematic workshops. Lastly, were performed reading and analysis of the references to the family in the Individual Care Plans (PIAs) for adolescents. The information gathered was recorded in field diaries and subjected to thematic content analysis. This research was guided by the Marxist theoretical framework, structured on the understanding of the involvement of adolescents with illegal acts as a development and expression of the social question. From this theoretical framework, the prevailing view in the capitalist society of adolescents in conflict with the law as individuals who are treated by means of repression and segregation and the weakness of social policies is questioned, both in the execution of their own socioeducational measures as the articulation of network services for adolescent protection and strengthening your family. Results: in relation to the operation of the socioeducational system in RN in general, it was observed a state of unhealthy physical spaces and institutional practices that violate human rights, idleness and lack of access to social rights, and criminalization and institutionalization of poor young people and their families. With regard to family´s living together, it was noticed great distance between principles and guidelines recommended by the SINASE, about acquaintanceship and family strengthening, and every day practices of socio-education in RN: serious violations were observed that undermine the family´s living together, as the distance between the socio-educational units of deprivation of liberty and the cities where families live; absence, irregularity and poor conditions in carrying out the family visits; lack of conjugal visits; restricted and unarticulated actions for the care and strengthening of the families of adolescents, most of whom live in poverty or extreme poverty. Finally, it was found a number of blamefully and punishments to the family, including practices such as inward inspection (visual inspection while naked and squant), plus a series of violence and omissions care that sick family members and weaken the links between adolescents and their families.

O aprimoramento cognitivo como bem primário em Rawls

The main thesis to be demonstrated in this work is that cognitive enhancement through the use of drugs can be included as a primary good within Rawls' thinking. To develop such notion, the text is structured in two parts. The first part intends to describe the theory of justice as equity in its elements directly related to primary goods. The first information to be verified is the unity of the notion of primary goods in all of Rawls' work. Some elements are modified, for example the distinction of natural and social primary goods. Natural primary goods are intelligence, health, imagination, vigor and chance (luck) and social primary goods are law and liberty, opportunity and power, income and wealth and the social fundaments of self-respect. The perception of some talents such as intelligence has also undergone changes, being altered from "higher intelligence" to "educated intelligence". Such fact highlights education as a primary good that permeates all of Rawls' work in different perspectives. Freedom and self-respect are social-primary goods that will also be deepened. The second part presents the definition of improvement and as to show that the distinction between enhancement and treatment is controversial. The part presents the definition of improvement and as the distinction between enhancement and treatment is controversial. Thus, we have deepened the problems related to practice improvement (enhancement) showing how the concepts of Rawls' primary goods as freedom and self-respect are not in opposition to the practice of improvement, particularly cognitive enhancement. We have shown, instead, that the ban of cognitive improvement could lead to denial of these primary goods. But how could we consider cognitive improvement as a primary social good? What we have done in this thesis is to show how cognitive enhancement is important to ensure that primary products are accessible to citizens, and we rebuilt the process that Rawls uses for choosing his primary goods to test that cognitive enhancement through drugs could perfectly be introduced as such.