1000 resultados para justiça intergeracional
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The Catholic kings government - Fernando of Aragon and Isabel of Castille - (1474-1504) is set in Middle to Modern Age transition period and was considered a period of justice and peace in Castille. It makes us possible to question about implications, to law, of a kingdom organization in a transition era. We propose to verify what characterize the passage from a medieval law to a modern law, and which elements indicate this transition in catholic kings government. We emphasize two main prerrogatives, a medieval tradition, a judge one, and another of modern character, the legislative, that close on Fernando and label tradition.
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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.
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Pós-graduação em Ciências Sociais - FFC
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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)
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Pós-graduação em Filosofia - FFC
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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)
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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)
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Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)
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Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES)
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Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)
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Pós-graduação em Psicologia do Desenvolvimento e Aprendizagem - FC
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Pós-graduação em Serviço Social - FCHS
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Pós-graduação em Serviço Social - FCHS
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Fundação de Amparo à Pesquisa do Estado de São Paulo (FAPESP)