979 resultados para Environment. Penal responsability. Legal person


Relevância:

30.00% 30.00%

Publicador:

Resumo:

Courses are taken in order to prepare for the General Educational Development Test. These courses are offered traditionally and virtually. The actual test must be taken in-person regardless of whether an individual took preparatory courses virtually or traditionally. This paper will explore the benefits and obstacles that each method of delivering instruction has.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

The social and economic changes of the last decades have enhanced the dehumanization of labor relations and the deterioration of the work environment, by the adoption of management models that foster competitiveness and maximum productivity, making it susceptible to the practice of workplace bullying. Also called mobbing, bullying can occur through actions, omissions, gestures, words, writings, always with the intention of attacking the self-esteem of the victim and destroy it psychologically. In the public sector, where relations based on hierarchy prevail, and where the functional stability makes it difficult to punish the aggressor, bullying reaches more serious connotations, with severe consequences to the victim. The Federal Constitution of 1988, by inserting the Human Dignity as a fundamental principle of the Republic, the ruler of the entire legal system, sought the enforcement of fundamental rights, through the protection of honor and image of the individual, and ensuring reparation for moral and material damage resulting from its violation. Therefore, easy to conclude that the practice of moral violence violates fundamental rights of individuals, notably the employee's personality rights. This paper therefore seeked to analyze the phenomenon of bullying in the workplace, with emphasis on the harassment practiced in the public sector as well as the possibility of state liability for harassment committed by its agents. From a theoretical and descriptive methodology, this work intended to study the constitutional, infra and international rules that protect workers against this practice, emphasizing on the fundamental rights violated. With this research, it was found that doctrine and jurisprudence converge to the possibility of state objective liability for damage caused by its agents harassers, not forgetting the possibility of regressive action against the responsible agent, as well as its criminal and administrative accountability.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

The Brazilian prison system is going through a serious crisis, not only due to the growth in the number of prisoners and the consequent overcrowding of prisons, but also for the violation of human rights, institutionalization and difficulty in social rehabilitation of inmates. Furthermore, the harmful effects of the prison system affect their workers, who generally are not prioritized by researchers, health programs and government policies. The literature pointing to some consequences of work in prison, among them, the mental illness, stress, alcohol abuse, etc., but little is known about this profession, their problems, the difficulties of their work routine, so as subjective processes involved. So, what are the effects of this work in the prison in the lives of correctional officers? What strategies developed to address the work in prison? This research aims to analyze the effects of this work in the prison in the lives of correctional officers from the state prison in Parnamirim, located in the metropolitan region of Natal-RN. Within the theoretical and methodological perspective of institutional analysis and cartography were carried conversation circles, interviews, in addition to participant observation of the correctional officers work’s routine. The results point to a working routine marked by the performance of procedures that involve risk to the worker, generating situations of tension and stress. Besides, the culture of violence (which is implemented in jail everyday) as well as the training and initial learning of the profession, are responsible for the militarization process of the subjectivities of the correctional officers, producing hard subject, disciplined, stiff, likely to violent practices and other rights violations. Other mapped effects relate to the acquisition of knowledge about the human (“psy” knowledge) responsible for forging the conception of the criminal as "dangerous subject", which, in turn, acts as subjectivity vector in the daily life of prison guards by setting up a way of life crossed by fear and insecurity outside the work environment. Produces a control in the open about their lives and their families, limiting them with regard to family and community life and the realization of leisure activities in public spaces. In this sense, it appears that the arrest acts producing “bad meetings” (from Espinosa's perspective), once it produces sad affections responsible for weakening the conatus, limiting the possibilities of action of these subjects. Although agents develop some strategies to deal with the difficulties of working in prison (among which stand out the development of other professional or leisure activities, spirituality / religiosity and the ability to separate the labor moments from those of their the personal lives, is advocated that such strategies do not offer significant resistance, since they do not question the contemporary legal-criminal logic. The thesis presented supports the proposals of penal abolitionism to present other conceptions of crime and justice through the invention of other practical and conceptual strategies.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

Humans are profoundly affected by the surroundings which they inhabit. Environmental psychologists have produced numerous credible theories describing optimal human environments, based on the concept of congruence or “fit” (1, 2). Lack of person/environment fit can lead to stress-related illness and lack of psychosocial well-being (3). Conversely, appropriately designed environments can promote wellness (4) or “salutogenesis” (5). Increasingly, research in the area of Evidence-Based Design, largely concentrated in the area of healthcare architecture, has tended to bear out these theories (6). Patients and long-term care residents, because of injury, illness or physical/ cognitive impairment, are less likely to be able to intervene to modify their immediate environment, unless this is designed specifically to facilitate their particular needs. In the context of care settings, detailed design of personal space therefore takes on enormous significance. MyRoom conceptualises a personalisable room, utilising sensoring and networked computing to enable the environment to respond directly and continuously to the occupant. Bio-signals collected and relayed to the system will actuate application(s) intended to positively influence user well-being. Drawing on the evidence base in relation to therapeutic design interventions (7), real-time changes in ambient lighting, colour, image, etc. respond continuously to the user’s physiological state, optimising congruence. Based on research evidence, consideration is also given to development of an application which uses natural images (8). It is envisaged that actuation will require machine-learning based on interpretation of data gathered by sensors; sensoring arrangements may vary depending on context and end-user. Such interventions aim to reduce inappropriate stress/ provide stimulation, supporting both instrumental and cognitive tasks.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

Thesis (Ph.D.)--University of Washington, 2016-08

Relevância:

30.00% 30.00%

Publicador:

Resumo:

No se encuentra ni en la legislación, ni en la doctrina referente alguno que haga alusión a los presupuestos legales y constitucionales para la calificación jurídica de un preacuerdo, ni hay un análisis sobre la importancia que reviste la figura de los preacuerdos a la luz del debido proceso legal y constitucional que integra en especial el principio de legalidad.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

Acompanha: A diferença está no saber agir: conheça!: educação inclusiva: dos documentos legais à realidade escolar

Relevância:

30.00% 30.00%

Publicador:

Resumo:

O relatório de estágio é um documento cujo propósito é a apresentação e reflexão crítica sobre a Prática Pedagógica Supervisionada (PPS) desenvolvida nos contextos de Educação Pré- Escolar e do 1º Ciclo do Ensino Básico, no âmbito do Mestrado em Educação Pré-Escolar e Ensino do 1.º Ciclo do Ensino Básico. As PPS foram, então, espaços de crescimento pessoal e profissional na medida em que permitiram o desenvolvimento de capacidades e competências associadas, não só, ao saber e saber-fazer, como ao saberser e saber-estar em educação e, ainda, ao saber ensinar a aprender, constituindo um momento ímpar na construção da identidade da futura docente. Para tal, concorreram as experiências práticas vividas como também todos os exercícios crítico-reflexivos sobre as práticas levadas a cabo. De facto, foram estes últimos os impulsionadores de um alargamento e aprofundamento das referências teórico-legais, aspeto crucial para a construção de uma prática sustentada, contextualizada e significativa, enquadrada no paradigma socio construtivista. Assim, são evidentes os pilares da metodologia de investigação-ação enquanto suporte central das práticas desenvolvidas, a partir da qual se promoveu a construção de um ambiente pedagógico diferenciado e significativo.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

Advances in digital photography and distribution technologies enable many people to produce and distribute images of their sex acts. When teenagers do this, the photos and videos they create can be legally classified as child pornography since the law makes no exception for youth who create sexually explicit images of themselves. The dominant discussions about teenage girls producing sexually explicit media (including sexting) are profoundly unproductive: (1) they blame teenage girls for creating private images that another person later maliciously distributed and (2) they fail to respect—or even discuss—teenagers’ rights to freedom of expression. Cell phones and the internet make producing and distributing images extremely easy, which provide widely accessible venues for both consensual sexual expression between partners and for sexual harassment. Dominant understandings view sexting as a troubling teenage trend created through the combination of camera phones and adolescent hormones and impulsivity, but this view often conflates consensual sexting between partners with the malicious distribution of a person’s private image as essentially equivalent behaviors. In this project, I ask: What is the role of assumptions about teen girls’ sexual agency in these problematic understandings of sexting that blame victims and deny teenagers’ rights? In contrast to the popular media panic about online predators and the familiar accusation that youth are wasting their leisure time by using digital media, some people champion the internet as a democratic space that offers young people the opportunity to explore identities and develop social and communication skills. Yet, when teen girls’ sexuality enters this conversation, all this debate and discussion narrows to a problematic consensus. The optimists about adolescents and technology fall silent, and the argument that media production is inherently empowering for girls does not seem to apply to a girl who produces a sexually explicit image of herself. Instead, feminist, popular, and legal commentaries assert that she is necessarily a victim: of a “sexualized” mass media, pressure from her male peers, digital technology, her brain structures or hormones, or her own low self-esteem and misplaced desire for attention. Why and how are teenage girls’ sexual choices produced as evidence of their failure or success in achieving Western liberal ideals of self-esteem, resistance, and agency? Since mass media and policy reactions to sexting have so far been overwhelmingly sexist and counter-productive, it is crucial to interrogate the concepts and assumptions that characterize mainstream understandings of sexting. I argue that the common sense that is co-produced by law and mass media underlies the problematic legal and policy responses to sexting. Analyzing a range of nonfiction texts including newspaper articles, talk shows, press releases, public service announcements, websites, legislative debates, and legal documents, I investigate gendered, racialized, age-based, and technologically determinist common sense assumptions about teenage girls’ sexual agency. I examine the consensus and continuities that exist between news, nonfiction mass media, policy, institutions, and law, and describe the limits of their debates. I find that this early 21st century post-feminist girl-power moment not only demands that girls live up to gendered sexual ideals but also insists that actively choosing to follow these norms is the only way to exercise sexual agency. This is the first study to date examining the relationship of conventional wisdom about digital media and teenage girls’ sexuality to both policy and mass media.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

This study was a critical investigation of the configuration of discourse on work in the Brazilian criminal legal discourse. We problematized the discourse of an alleged reintegrative social function proposed by the criminal legal system and analyzed the role of such discourse in the core of disciplinary power strategies that impose on individuals the honest worker condition as a major criterion for their rehabilitation and return to society as citizens. This critique is our starting point to build the argument that discourse on work as it appears in current criminal legal texts operates more as a criminalization index of those who do not have a lawful occupation than a guarantee of legitimate social transit for convicts and recognition of their dignity. For this purpose, we used as corpus the main sources of Law, namely the Federal Constitution of 1988, the Penal Code, the Penal Execution Law, the Brazilian criminal doctrine and an extensive, more recent penal jurisprudence with regard to techniques of resocialization through work. This critical line enabled us to recognize complexity and plurality of discourses - antagonistic, at times - that build the world of work as portrayed in legal texts. We also sought reference in the discussion on the centrality of work as a formative category of the social being as well as theories that defend the non-centrality of work. Throughout our investigation, we sough to question the very condition of such centrality and to understand the ways in which it was possible to produce a legitimating discourse on work as a model of emancipatory social conduct defended and demanded by the Brazilian punitive system. In a context of precariousness, unemployment and flexibilization of the world of work in contemporary society, convicts hardly ever succeed to resume the identity of honest, hard-working citizens - and no longer offenders. In this context, we also questioned the formulation of a discourse that speaks about human labor as the essence of man and criticizes the Marxist vision that is based on work centrality, and we approached the concept of Michel Foucault, our theoretician of reference, who understands work more as a mechanism of power that promotes the individuals’ submission and adaptation to a goods-producing society than the natural activity of man. We ascribe our study to the field of questions that tackle the political conception of the body as subject to labor imposed as productive and political force. It is about the issue of political technology of individuals, a technology of power, as named by the French author. The intended analysis has not dismissed the material existence of labor relations but sought to discuss the validity of a discourse that considers work the main resource for convict rehabilitation and index for the recognition of dignity and honesty. The Foucauldian discourse analysis was the foundation for the investigation of our object, especially if we understand discourses as social practices with power to institute knowledge and produce truths.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

La Teoría del Derecho Penal del Enemigo postula la existencia de un ordenamiento penal que distinga entre personas fieles al ordenamiento jurídico y aquellos que con su conducta demuestran una posición contraria al orden jurídico y tienen como fin la desestabilización del sistema estatal. La presente investigación está destinada al análisis de la Legislación Penal Ecuatoriana y su vinculación con la denominada doctrina penal a través del delito de terrorismo. En un primer momento realizaremos un análisis de la doctrina en mención, sus postulados y finalidades. Posterior a ello, describiremos el Constitucionalismo Garantista y Dignatario y su fuerte contradicción con los postulados del jurista alemán Gunther Jakobs, titular de la teoría del “Derecho Penal del Enemigo”. Finalmente analizaremos el tipo penal Terrorismo en relación con el Derecho Penal del Acto, junto al estudio y crítica del caso denominado “Los 10 de Luluncoto” a la luz de los Derechos Humanos.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

This study focuses on the intersection of the politics and culture of open public space with race relations in the United States from 1900 to 1941. The history of McMillan Park in Washington, D.C. serves as a lens to examine these themes. Ultimately, the park’s history, as documented in newspapers, interviews, reports, and photographs, reveals how white residents attempted to protect their dominance in a racial hierarchy through the control of both the physical and cultural elements of public recreation space. White use of discrimination through seemingly neutral desires to protect health, safety, and property values, establishes a congruence with their defense of residential property. Without similar access to legal methods, African Americans acted through direct action in gaps of governmental control. Their use of this space demonstrates how African-American residents of Washington and the United States contested their race, recreation, and spatial privileges in the pre-World War II era.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

[ES]Las dictaduras europeas emergentes constituyeron una amenaza al orden liberal y democrático del momento, imponiendo su ideología a todo pensamiento contrario al Régimen, incluyendo el Derecho Penal, en el cual se veían reflejados estos valores. Desde esta perspectiva, se van a estudiar las diferentes doctrinas que preceden estos movimientos totalitarios, centrando su atención en la figura tipificada de la reincidencia, sus formas y su tratamiento dentro de los textos legales que estuvieron vigentes durante el periodo fascista y franquista. Se llevará a cabo una visión de la codificación actual en ambos países y un enfoque hacia la situación futura de la reincidencia y los reincidentes.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

[ES]El siglo XX fue caracterizado por un desarrollo de las dictaduras, que, a través de un marco legal, realizaron políticas de exclusión y de represión contra aquellos que se mostraban opuestos al régimen. A partir de una definición de los “enemigos” como “peligrosos”, y a través de una lucha por la defensa de la comunidad, los gobiernos totalitarios crearon una legislación en base a estos términos, que propició el control social y en última instancia, el holocausto. El presente Trabajo tratará de abordar los orígenes de este Derecho, tanto en la dictadura nacionalsocialista, como en la franquista, la teoría y dogmática que las fundó y las políticas que se llevaron a cabo. Se realizará un análisis del mismo y una perspectiva actual a raíz de estos hechos.

Relevância:

30.00% 30.00%

Publicador:

Resumo:

This is an open-access article distributed under the terms of the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.