Justiça penal autoritária e consolidação do estado punitivo no Brasil

The Brazilian democratic transition, still underway today, has run up against enormous difficulty in incorporating penal action. Or, put in yet stronger terms, we could say that the boundaries of democratization processes, delineated through the action of that sector of the State, reveal the possibility that the juridical field remains immune to democratizing change. Although prevailing discourse among law professionals asserts that Penal Justice is undergoing democratization, what we have observed in practice is a strong resistance within the juridical field to assuming political responsibilities within the consolidation of democracy. This article reports analyses and conclusions formulated through observation of the Brazilian penal justice system that gave origin to the thesis entitled Penal Justice in Brazil today: democratic discourse, authoritarian practice. The research sought to reflect on contemporary criminal justice policy, which has been guided by the widening of repression and the continued use of incarceration. Such policy, carried out in Brazil since the beginning of the 1985 political opening has adjusted itself to the liberal project that is also currently underway in the country, as well as in almost the entire Western capitalist world. As we can observe, Penal Justice, even during the execution of sentences, operates in authoritarian and exclusive ways, suppressing the rights guaranteed by law to those who have been sentenced and adopting extremely repressive forms as demonstrated by the extremely sparse benefits that it concedes. Thus, in Brazil, criminality has generally been responded through severe sentences, reflected in the absence of guarantees of constitutional rights and ample recourse to incarceration. In this vein, our contemporary democratic governments have frequently adopted a punitive stance that seeks to reaffirm the State's aptitudes for punishing and controlling criminality. © 2009 Revista de Sociologia e Política.

Paradigmas diversos no campo da assistência social e seus estabelecimentos assistenciais típicos

In order to understand what is the situation of entities that serve children and adolescents today, as well as the institutional plot that comprises these institutions, we aimed to formulate a set of paradigmatic possibilities that would allow us to understand the configuration of the dialectical field of various pulses, in which these entities are located. We detected the subjects we associate with counterparts paradigms of Charity, of Human Promotion, of Philanthropy, of assistentialist government patronage, of Social Work as a State Policy, and finally, another set of events that we propose to designate as the paradigm of Citizen Subjects we associate with the ethical perspective of People Education. These paradigmatic possibilities range from the simply various and contrasting ones, including the similar and competing ones, to the dialectically contradictory ones. Its spectrum oscillates between tutelage and citizenship. The characterization of these didactic paradigms can provide us a compass that is required in a highly complex social field, allowing us to understand the variety of ethical effects promoted by these paradigms in the social field.

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A efetivação do direito humano à paz por intermédio da Defensoria Pública: atuação em favor da vítima na presecução penal

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Pós-graduação em Direito - FCHS