O direito fundamental contra a autoincriminação: a análise a partir de uma teoria do Processo Penal Constitucional

The right against self-incrimination is a fundamental right that works in the criminal prosecution, and therefore deserves a study supported by the general theory of criminal procedure. The right has a vague origin, and despite the various historical accounts only arises when there is a criminal procedure structured that aims to limit the State´s duty-power to punish. The only system of criminal procedure experienced that reconciles with seal self-incrimination is the accusatory model. The inquisitorial model is based on the construction of a truth and obtaining the confession at any cost, and is therefore incompatible with the right in study. The consecration of the right arises with the importance that fundamental rights have come to occupy in the Democratic Constitutional States. In the Brazilian experience before 1988 was only possible to recognize that self-incrimination represented a procedural burden for accused persons. Despite thorough debate in the Constituent Assembly, the right remains consecrated in a textual formula that´s closer to the implementation made by the Supreme Court of the United States, known as "Miranda warnings", than the text of the Fifth Amendment to the U.S. Constitution that established originally the right against self-incrimination with a constitutional status. However, the imprecise text does not prevent the consecration of the principle as a fundamental right in Brazilian law. The right against self-incrimination is a right that should be observed in the Criminal Procedure and relates to several of his canons, such as the the presumption of not guilty, the accusatory model, the distribution of the burden of proof, and especially the right of defense. Because it a fundamental right, the prohibition of self-incrimination deserves a proper study to her constitutional nature. For the definition of protected persons is important to build a material concept of accused, which is different of the formal concept over who is denounced on the prosecution. In the objective area of protection, there are two objects of protection of the norm: the instinct of self-preservation of the subject and the ability to self-determination. Configuring essentially a evidence rule in criminal procedure, the analysis of the case should be based on standards set previously to indicate respect for the right. These standard include the right to information of the accused, the right to counsel and respect the voluntary participation. The study of violations cases, concentrated on the element of voluntariness, starting from the definition of what is or is not a coercion violative of self-determination. The right faces new challenges that deserve attention, especially the fight against terrorism and organized crime that force the development of tools, resources and technologies about proves, methods increasingly invasive and hidden, and allow the use of information not only for criminal prosecution, but also for the establishment of an intelligence strategy in the development of national and public security

Educar para a vida: uma pedagogia da resiliência na escola

Cet étude et thème de dissertation est devenue nécessaire a partir des inquiétudes d éducateur et des pratiques pédagogiques développées aux classes d éducation physique au tour nocturne à l École Municipale Prof. Veríssimo de Melo, dont les élèves sont des jeunes et adultes que habitent au quartier Felipe Camarão. Ces jeunes cohabitent avec le stigmate de la violence que est toujours présente dans cette communauté, située a la région ouest de Natal. On peut trouvé parmi les élèves y matriculés des trajectoires de vie interrompues par facteurs de risque comme criminalité, des adolescentes enceintes et drogues. Ces faits interférent directement avec les procès d intégration sociale et augmentent la violence, reproduisant les cycles de pauvreté et ainsi, limitant les possibilités d ascension sociale. Les résultats des procédées pédagogiques utilisées pendant les classes ont montré la nécessité d approfondir cet étude problématisant cette réalité et, incitant par les pratiques corporelles et discussion, la réflexion sur des thèmes comme facteurs de risque, temporalité, projets de vie et auto-connaissance. En profitant de l intérêt de ces jeunes pour la langage cinématographique comme une façon de mettre en ouvre ces réflexions et rapportant leur connaissance formel avec le savoir et expériences du groupe on a décidé de produire un film court de 15 minutes sur le quartier, idéalisé et produit collectivement. Pour ça, ont a réalisé 10 classes-ateliers avec les élèves qui ont été connus comme « le groupe du cinéma ». Les ateliers pédagogiques qui sont ici, au même temps, référence de recherche et procédée pédagogique, réaffirment la notion de résilience: la capacité de l individu de transformer un obstacle, une adversité ou même une tragédie personnel dans une situation positive ou comme un renfort de ce que nous avons de meilleur. Dans ce sens, cet étude peut aider les professeurs de toutes les matières, que travaillent a l école publique et que se trouvent dans ce contexte, considéré vulnérable, surtout le professeur d éducation physique. Ce travail peut aussi devenir une référence pour aborder des concepts et valeurs que nos aideront à renouveler cette vision de monde étroite et déterministe, responsable pour la reproduction des cycles de pauvreté et violence. Cet étude a été fondée sur des auteurs comme Edgar Morin, Bóris Cyrulnik et Conceição Almeida parmi d autres

Vivência de mulheres em situação de cárcere penitenciário durante o período gestacional

The gradual increase of violence in Brazilian society has being resulting in a growing of the prison population over last years, as well as the proportion of women than men. The participation of women in crime and responsibilities within her family makes this phenomenon a growing social problem. Women prisoners are mostly young, in reproductive age, making pregnancy a recurrent situation while they are serving a sentence. The studies about female criminality are poor and not helpful about its real dimension, especially when targeted to women who experienced pregnancy in this environment. Given these considerations, this research had as its object of study the experience of women in prison during pregnancy: analyze the experience of women in prison during the gestational period. This is a descriptive and qualitative study. The data were sourced through a semi-structured interview with nine incarcerated women, between August and September 2011, who met the inclusion criteria previously established, and organized according to the precepts of content analysis according to Bardin. Through this coding and classification process became a central thematic: the experience of women in prison during pregnancy, resulting in three categories: category 1 interpersonal relationships; category 2 - feelings that permeate the pregnant woman in prison; and category 3 absence of health care to incarcerated pregnant. The data were analyzed according to the available literature and the study revealed that interpersonal relationships, maintained by these women in prison, were marked by distance from family members, primarily due to socioeconomic factors, being a challenge for addressing of pregnancy in prison and reports of abuse of power by employees working in the institution. The women, who experience pregnancy in prison are more likely to experience feelings of worry, doubts, sadness and fear for baby s health due to lack of antenatal care and about the prison environment structure to meet your needs. The health care aimed at these women is poor and often does not occur, endangering the baby s life and his own mother, this is being a troubling reality in public health system. Finally, it is expected that this study can give visibility to an issue rarely discussed in the literature and contribute to the construction of specific public policies for this reality, in order to minimize the effects of incarceration during pregnancy

Melhoria da segurança pública: uma proposta para alocação de unidades policiais utilizando o modelo das p-medianas e do caixeiro viajante

The decrease in crime is one of the core issues that cause concern in society today. This study aims to propose improvements to public safety from the choice of points to the location of police units, ie the points which support the car and the police. For this, three models were developed in order to assist decision making regarding the best placement of these bases. The Model of Police Units Routing has the intention to analyze the current configuration of a given region and develop optimal routes for round preventative. The Model of Allocation and Routing for New Police Units (MARNUP) used the model of facility location called p-median weighted and traveling salesman problem (TSP) combined aiming an ideal setting for regions that do not yet have support points or to assess how far the distribution is present in relation to that found in solution. The Model Redefinition and Routing Unit Police (MRRUP) seek to change the current positioning taking into account the budgetary constraints of the decision maker. To verify the applicability of these models we used data from 602 points to instances of police command that is responsible for the capital city of Natal. The city currently has 31 police units for 36 of these 19 districts and police have some assistance. This reality can lead to higher costs and higher response times for answering emergency calls. The results of the models showed that in an ideal situation it is possible to define a distance of 500 km/round, whereas in this 900 km are covered by approximately round. However, a change from three-point lead reduced to 700 km / round which represents a decrease of 22% in the route. This reduction should help improve response time to emergency care, improving the level of service provided by the increase of solved cases, reducing police shifts and routing preventive patrols

Escravos em ação na Comarca do Príncipe - Província do Rio Grande do Norte (1870-1888)

The aim of this research is to study the actions of slaves in Comarca do Príncipe, Rio Grande do Norte (1870/1888). Considering the space as a relevant category in the subservient relationship, we investigate how negotiations about the captivity conditions and freedom took place in the domain of this province. The slaves are considered as subjects, who fought for better living conditions in the captivity and who sometimes practiced criminal offenses to achieve freedom. To analyze their actions in the socio-economic environment of the province, we resort to different types of sources. They are: civil and criminal processes, reports from the president of Rio Grande do Norte, the census of 1872, a newspaper called O Assuente, the Livro do Fundo de Emancipação do Município de Príncipe (1873-1886) (The Emancipation Book of Príncipe city) and Imperial Laws. We used the following steps to analyze the data obtained from these sources: the compilation, reading, paleographic transcription, classification of the data according to the thematic, analysis and comparison of information and statistic quantification, submitting empirical data to the discussion built according to the historiographies debates about this subject

Trabalho infantil na agricultura :sentidos produzidos pelas mês e pelos professores

Attempts to explain child labor, for the most part, have been reduced to the economic aspect, looking to establish a causal relationship between work and poverty. Without disregarding this aspect, we intend to approach this phenomenon considering other aspects that could be contributing towards its maintenance. We seek, above all, to articulate it with the concepts of disciplinary power and ideology. The present study, therefore, tries to consider these aspects with the intention of learning the reasons that the mothers and the teachers produce concerning child labor in the cultivation of vegetables. We elected these participants because we considered that child labor has been reinforced by the disciplinary institutions and proponents of ideology, the family and the school, here represented, respectively, by the mothers and the teachers. To affect this study, we created focused groups with the mothers whose children are students and work in the cultivation of vegetables in Gramorezinho (neighborhood situated in the northern part of Natal, RN) and with the teachers of the neighborhood school (Escola Lourdes Goudeiro). The discussion of the participants was handled according to the perspective of discursive practices, attempting to articulate them with the notions of ideology and disciplinary power. In general, we perceived how much ideology and discipline are immersed in the discursive practices of the participants. Whereas, even though in some moments the reference to work as being something that takes time from the child to study and play is apparent, the participants attribute great importance to child labor. Both for the teachers and for the mothers, work is something that can free the children from laziness, from becoming criminals and from using drugs. It too constitutes an important alternative to idleness and to the permanence of the child in the streets

A articulação comunitária e o Estado: limites e possibilidades dos CONSEGs em Marília/SP

Pós-graduação em Ciências Sociais - FFC

Para além dos muros e das grades: atitudes e valores em relação às instituições carcerárias do município de Valparaíso/SP

Pós-graduação em Ciências Sociais - FFC

A violência entre adolescentes no conjunto habitacional Orlando Quagliato no município de Ourinhos: realidade ou mito ?

Pós-graduação em Ciências Sociais - FFC

A atualidade da criminalização produzida sobre o Movimento dos Trabalhadores Sem Teto – MTST: o caso do acampamento Chico Mendes

Pós-graduação em Ciências Sociais - FFC

Novas formas de encarceramento?: os jovens e o centro de ressocialização

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

O linchamento de Edson Neris da Silva: reelaborações identitárias dos skinheads carecas do Brasil na sociedade paulista contemporânea

Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)

Design de moda: o caminho para a sustentabilidade

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)

O princípio da proporcionalidade e sua aplicação na pena privativa de liberdade: uma obrigação do juiz

Pós-graduação em Direito - FCHS

A construção narrativa em Cidade de Deus de Paulo Lins

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)