10 resultados para unjust deprivation of liberty
em Universidade Federal do Rio Grande do Norte(UFRN)
Resumo:
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
Resumo:
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.
Resumo:
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
Resumo:
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
Resumo:
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
Resumo:
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
Resumo:
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
Resumo:
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
Resumo:
This paper has as its main focus the relation between the infringement act and the adolescents families social economical problematic, who obey the social educational deprivation of freedom at CEDUC in the district of Pitimbu RN, establishing in the theme Children and Adolescents, with the objective of showing how these families breed in the social economical and cultural political aspect. It also seizes who those adolescents are and their family members in their social aspect and as those families face their daily activities. The focus on the social matter, family, adolescent, infringement act, exclusion, inclusion formed the analysis categories which made myths and reality possible, taking into consideration the infringement act in our society. The data collection showed that those families conditions of life are of poverty. Families originated from low social classes, 62.5 % coming from the countryside and living with a daily income ranging from R$ 0,31 to R$ 8,31. Their level of education is low; there is lack of human and citizenship rights and no professional qualification whatsoever. It questions the degrading social exclusion suffered by millions of Brazilian people due to social, political and infringement economical problems. Has this favored the infringement practice? How to confirm the families lack of competence having the social vulnerability? Are the Public Political Institutions really performing the way they should? Are they really carrying out their role as they should? We have noticed that from then on, the necessity of understanding the exclusion/inclusion suffered not only in an imprecise and empty way, but understood as processes of integrative exclusion or ways of delinquency, where the excluding is not only the only one who has lack of material care but the one who is seen or recognized as a person, is not being treated as one. The effort of this paper provided an approach to our object, and the seizing of a close relation between the infringement act and the exclusion process or inclusion suffered, which are submitted to families of those adolescents who deprive of freedom
Resumo:
The rapid growth of the Brazilian cities in the latest years has brought a series of problems regarding housing policies and, therefore, the provision of dwellings for the low-income class people. Following the pattern of other capital cities, Natal has repeated the pattern of urbanization practiced in the country, which concentrates the low-income class inhabitants in specific zones of the city known as peripheries or even in a dwelling place for less-favored classes such as Felipe Camarão, which is one of ten boroughs belonging to the western administrative zone, a region which has historically received less attention from the public administrators towards infrastructure investments. Based on those aspects, the general objective of this work is to investigate which main social-environmental alterations have resulted from the processes of urbanization and field occupation in that area. The specific objectives are concerned with verifying 1) the process of urbanization and the process of dividing urban soil from the 1960s; 2) the current configuration of the public spaces in the borough; 3) the process of the deprivation of the original landscape characteristics of Environmental Protection Zones; 4) the dynamics of land occupation which are predominant in dune areas; 5) the dynamics of land occupation which are predominant in mangrove areas; 6) and the destruction of green covering on the land with its consequent alteration of the local floristic pattern. The methodology consisted of in-loco visits; the application of questionnaires as community research; a survey of bibliography published by the organisms and institutions in charge of carrying out the city hall s environmental and housing policies; and descriptive statistics of the collected data. Concerning the pattern of occupation which is predominant in the borough, the treatment of space dispensed by the local dwellers has culminated in the emergence and consolidation of environmental alterations which are clearly different from common occurrence in both the building area represented by housing complexes and in the green areas represented by dunes and mangroves. The data show that there was the predominance of the irregular land occupation process over the official housing policy during the population settlement which contributed with a series of frequent and foreseeable problems in the dynamics of urbanization of poverty such as invasions and appropriations of land parcels, the beginning of irregular arrangement of streets, the formation of villages and slums, which are full of self-constructed housing units, and the occupation and degradation of susceptibly fragile environmental areas such as the dune slopes and the mangroves