Política criminal e direito penal econômico: um estudo interdisciplinar dos crimes econômicos e tributários

Este trabalho toma como objeto o Direito Penal Econômico em perspectiva interdisciplinar, no contexto da Constituição da República e, portanto, do Estado Democrático de Direito. Os propósitos são os seguintes: Analisar os vínculos entre modelo sócio-econômico, política criminal e paradigma punitivo. Identificar perspectivas do Direito Penal Econômico, no cenário contemporâneo de sociedade de risco. Examinar pressupostos, vertentes e abordagem do Direito Penal Tributário, com enfoque na abordagem social do bem jurídico tributário, do delito fiscal, da lavagem de dinheiro, na esteira dos crimes do colarinho branco. Do ponto de vista metodológico, desenvolveu-se pesquisa descritiva, baseada no modelo crítico-dialético, apoiada no pressuposto de que a trajetória do Direito Penal e sua inserção na seara econômica e tributária acompanham as contradições e valores sócio-filosóficos dominantes na sociedade. Nesse passo, com base na doutrina, legislação e jurisprudência nacional e estrangeira, procede-se à releitura do Direito Penal Econômico, a partir da Constituição e do modelo de Estado Social, que admite a intervenção no domínio econômico, no intuito de promover a justiça social. Além disso, procede-se à análise de sistemas penais de diversos países, para verificar, no cenário da globalização econômica e da aproximação das questões relacionadas à delinquência econômica, como são enfrentados problemas relacionados à configuração, à persecução e a punição de tais delitos. A conclusão aponta para a necessidade de construção de uma Política Criminal do Direito Penal Econômico que tome em consideração variáveis relacionadas à Economia e aos Princípios do Direito Penal, de molde a promover ajustamento do sistema penal aos valores e princípios constitucionais, promovendo o equilíbrio entre interesses individuais e coletivos.

As cooperativas como instrumento de soerguimento das atividades em crise: vantagens, possibilidades e eventuais riscos sob o prisma da Economia Social

Esta dissertação apresenta estudo sobre o soerguimento de atividades em crise através da constituição de sociedades cooperativas por ex-empregados à luz dos princípios da Economia Social, dentro da área de concentração Pensamento Jurídico e Relações Sociais, na linha de pesquisa Empresa e Atividades Econômicas. Diante do crescente desemprego e precarização dos postos de trabalho, formas organizacionais autogestionárias, notadamente através de cooperativas, tem sido uma alternativa viável em muitos casos. A fim de demonstrar a viabilidade e utilidade de tais iniciativas, esta dissertação traçará uma evolução histórica das cooperativas e fará uma análise de sua estrutura legal (Lei n. 5.764/71) a fim de demonstrar que este tipo societário é a forma jurídica que mais se adéqua à proposta da Economia Social. A fim de atingir tal intento, a empregar-se-á o método indutivo, bem como revisão bibliográfica e análise de leis e projetos de lei na seara do Direito Societário e Direito do Trabalho, por se tratar de proposta interdisciplinar. Além disso, haverá pesquisa qualitativa e quantitativa de informações oriundas de bases de dados governamentais e de pesquisas do outros ramos do conhecimento. Ao enfrentar questões delicadas atinentes ao tema proposto buscar-se-á oferecer soluções a fim de contribuir para a maximização de tais experiências.

Pension structural reforms, re-reforms and their effects on social welfare: The case of Chile

This article fi rst summarizes the structural reforms of pensions (total or partial privatization) in Latin America and Central and Eastern Europe, identifying their advantages and disadvantages, and does the same with the international process of re-reforms of pensions with a greater role of the state. Second, chooses Chile as a case study, as a world pioneer in both types of reforms; describes their characteristics and effects on social welfare of the structural reform of 1981 and the re-reform of 2008. Such effects are evaluated based on ten basic principles of social security from the International Labour Offi ce (ILO): 1) social dialogue to approve the reforms, 2) universal coverage of the population, 3) equal treatment of insured persons, 4) social solidarity, 5) gender equity, 6) suffi ciency of benefi ts, 7) effi ciency and reasonable administrative cost, 8) social participation in the management of the system, 9) role of the state and supervision, and 10) fi nancial sustainability. Third, it summarizes the advantages and disadvantages-challenges of the re-reform and informs on the current debate for further reforms.

‘The Judiciary and Political Change in Africa: Developing Transitional Jurisprudence in Nigeria’

At a time of increased evaluations of law, human rights, and the rise of judicial power all over the globe, the work of most African judiciaries and the principles of the jurisprudence they espouse in promoting social justice remain an unlikely focus of comparative legal scholarship. This ought not to be so in view of the considerable activities of the courts on the continent in the dawn of the third wave of democratization. This article explores the work of the Nigerian Supreme Court in the political transition to democracy since 1999. Utilizing insights from the work of Ruti Teitel, it attempts to outline some of the major constitutional and extraconstitutional principles adopted by the Court in mediating intergovernmental contestations in the turbulent transition away from almost three decades of authoritarian military rule. It emerges that the task of fostering social transformation through the “weakest” branch seriously tasks the institutional integrity of the judiciary.

Social psychology and peace: An introductory overview

This paper begins by giving an overview of why and in which ways social psychological research can be relevant to peace. Galtung's (1969) distinction between negative peace (the absence of direct violence) and positive peace (the absence of structural violence, or the presence of social justice) is crossed with a focus on factors that are detrimental (obstacles) to peace versus factors that are conducive to peace (catalysts), yielding a two-by-two classification of social psychological contributions to peace, Research falling into these four classes is cited in brief, with a particular focus on four exemplary topics: support for military interventions as an obstacle to negative peace; antiwar activism as a catalyst of negative peace; ideologies legitimizing social inequality as an obstacle to positive peace; and commitment to human rights as a catalyst of positive peace. Based on this conceptual framework, the remaining six articles of the special issue

Building bridging social capital in a divided society: The role of participatory citizenship education

Participatory citizenship education has been highlighted as a strategy to promote social cohesion in divided societies whereby collaborations with Non-Governmental Organisations and inter-school links have been proposed as tools to improve social networks between schools and communities. This article explores the role and meaning of citizenship education and cross-community participation in promoting social capital and social cohesion. School survey findings, focus groups and interviews with young people and educators indicated that differences between school sectors and established allegiances with particular communities and NGOs may limit the potential for citizenship education to produce bridging social capital and serve to reproduce bonding social capital. It is argued that the introduction of citizenship curricula into segregated schools systems in divided societies may be useful to promote citizenship values and positive attitudes to the other but insufficient to promote the development of bridging social capital and, ultimately, social cohesion in the long term.

Educational assessment policy and practice - a matter of ethics

Long-standing concerns within the field of educational assessment consider the impact of assessment policy and practice as matters of equity, inequality and social justice.Yet educational assessment policy and practice continues to have powerful social consequences for key users such as children and young people.This paper re-positions these consequences as a matter of ethics.It uses the work of Messick to frame how ethical matters extend beyond test instruments into the realm of uses and impact. A case study of the 11+ school transfer system in Northern Ireland is presented to illustrate ethical dilemmas emerging as a consequence of actions and decisions of using assessment systems for particular purposes.In looking forward to how we might attend to ethical matters in assessment policy and practice, a consideration of a children’s rights approach is outlined that may provide a moral and legal framework for action.

La justice sociale dans la jurisprudence au Royaume-Uni

This chapter surveys the extent to which UK courts have developed the concept of social justice. It focuses on decisions reached in the areas of equality, welfare law, education, and health care, and concludes with a consideration of the extent to which UK judges consider that individuals should take personal responsibility for their own well-being.

The executive committee of the Greek Professional Association of Social Work in an age of austerity: examining its response

This paper explores the response by the Greek Association of Social Workers (SKLE) to Greece's current economic crisis. Socioeconomic conditions in Greece have deteriorated rapidly since the imposition of a Structural Adjustment Programme as a condition of the loan Troika provided to Greece to address its class-based public debt crisis. Interviews were conducted with SKLE Executive Committee members to examine SKLE's response in the context of newly raised inequalities. Research results show that SKLE recognised the negative consequences to both service users and its members. However, SKLE continues to reformulate its strategy mostly as a social partner. SKLE's previous strategy entailed amongst other things the analysis of policy proposals and participation in welfare related government committees. This strategy is no longer relevant because decision-making powers have been transferred to transnational bodies. This paper elaborates on these findings and discusses the barriers that prohibit SKLE from differentiation of its strategy. Although the research is country specific, it has implications for the broader global debate because professional associations must reformulate their strategies for better serving of both their constituents and the collective good based on the social justice mandate of the profession.

The EU economic and social model in the global crisis: Interdisciplinary perspectives:Interdisciplinary perspectives

This book addresses the viability of the EU economic and social model within and after the global economic crisis. It identifies four key issues which warrant further discussion: (1) the asymmetry of the legal and policy framework of the euro and potential recalibration; (2) substantive tensions between the EU 'economic constitution' and its normative aim of social justice and impacts on national policy; (3) the role of civil society, including the two sides of industry in overcoming these tensions and (4) the EU's global aspirations towards the creation of a viable socio-economic model. Its chapters offer two perspectives on each of the four main issues. In drawing these debates together, the book provides a broad understanding as well as starting points for future research. Bringing together different disciplinary approaches, ranging from legal studies to political economy, sociology and macroeconomics, it is a valuable contribution to the debate on the European social model and introduces new insights by focusing on legal and political tensions, the impact of the financial crisis and other economic contexts as well as global dimensions. 

Economic and social integration the challenge for EU constitutional law

'At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.' - Tonia Novitz, University of Bristol, UK. © Dagmar Schiek 2012. All rights reserved.

Social Equality: On what it means to be equals

The first collected volume on social and relational equality.
Addresses a gap in the literature - while many philosophers have pointed to the importance of social equality, it requires much more theoretical development, which this volume aims to provide.
Offers a unique answer to the debate about whether or not equality is valuable.
Features a foreword by eminent political theorist David Miller
Includes new contributions by some of the most well-known contemporary moral and political philosophers, such as Samuel Scheffler and Jonathan Wolff.
Is equality valuable? This question dominates many discussions of social justice, which tend to center on whether certain forms of distributive equality are valuable, such as the equal distribution of primary social goods. But these discussions often neglect what is known as social or relational equality. Social equality suggests that equality is foremost about relationships and interactions between people, rather than being primarily about distribution.

A number of philosophers have written about the significance of social equality, and it has also played an important role in real-life egalitarian movements, such as feminism and civil rights movements. However, as it has been relatively neglected in comparison to the debates about distributive equality, it requires much more theoretical attention. This volume brings together a collection of ten original essays which present new analyses of social and relational equality in philosophy and political theory. The essays analyze the nature of social equality, as well as its relationship to justice and politics.

Readership: The book is primarily aimed at professionals in the field - philosophers (especially in moral, social and political philosophy) and political theorists. It is also aimed at the academic library market. Moreover, the book should be of interest to advanced undergraduate and postgraduate students attending courses on theories of equality and/or social justice.