Liberdade de expressão: amplitude, limites e proteção constitucional no deireito brasileiro.

This dissertation focus, as main objective, to address the issue of fundamental rights and political freedoms of the individuals, guaranteed by the Constitution of 1988, with emphasis of study in the constitutional guarantee of freedom of speech, as well as in national related constitutional law institutions and its derivatives, and the connection with the historical and political affirmation of fundamental human rights and its importance for the construction, maintenance and consolidation of constitutional democracy in the Federative Republic of Brazil. This paper mainly deals with aspects of juspostive nature, focused mainly within its doctrinal aspect, making, for such, references both to the patrian doctrine and the foreign one, without forgetting the necessary jurisprudencial focus and analysis of the positive patrian planning with references to comparative law, in order to describe and analyze the emergence, evolution and dissemination of the institute, both in the major countries of the Western World and along the Brazilian constitutional history.

A materialização da dignidade da pessoa humana e o cumprimento das penas privativas de liberdade

The current research come from need to analyze possibilities to materialize human dignity principle during freedom curtail penalties fullfilment, abreast finding that internal and international regulations dictate this is the way to be tread by Brazilian penitentiary system, however, verily, indignity, assistance missing, overcrownding, crime, in the end, barbarie reigns. The work will analyze two strands in order to effective the mentioned principle: the state responsability optics, such in internal scope, as internationally, abreast historical omission in satisfy Constitution, international treaties and laws; and also indicating penal execution alternative methods adoption as a way, bringing to fore a case study - called "apaqueano" method. With such desideratum will bring, first of all, considerations about consolidation process of human dignity principle, its concept and essential content. Furthermore, will address historical and philosophical evolution of freedom curtail penalties. As it follows, will be done an approach about constitutional and underconstitutional legislation that disciplines penalties fullfiling in Brazil, analyzing their main aspects, emphasizing the possibility to charge Brazilian state for disregarding mentioned standards. Next, will also be started a critical analyzis about international regulations, which forbids diminishing or cruel penalties or treatments, approaching human rights international treaties and conventions ratified by Braziland their incorporation and effectiveness in local Law, emphasizing monitoring forms and country international charging possibility for disregarding international regulations. Lastly, will advance to the real possibility to materialize human dignity principle in penalties fullfiling, based in a case study verification - the APAC (Associação de Proteção e Assistência aos Condenados) called method, analyzing the various theories about penalties grounding, with emphasis in their ressocializing function, as well as traditional penitentiary systems, and the theory adopted by vernacular order, in desideratum to contribute to improve national penitentiary system chaotic situation

A responsabilização criminal no estado democrático de direito: o equilíbrio entre a efetividade e os limites da pretensão punitiva da sociedade

This paper analyzes the relationship between fundamental rights and the exercise of the claim punitive society in a democratic state. It starts with the premise that there are fundamental rights that limit and determine the validity of all forms of manifestation of the claim punitive society (legislating, investigative, adjudicative or ministerial) and there are others that require the state the right exercise, fast and effective of these activities. Travels to history in order to see that the first meaning of these rights was built between the seventeenth and eighteenth centuries, after all a history of abuses committed by state agents in the exercise of criminal justice, and positively valued in the declarations of human rights and proclaimed in the constitutions after the American and French Revolutions, while the second meaning has been assigned between the nineteenth and twentieth centuries, when, because of the serious social problems generated largely by absenteeism state, it was noted that in addition to subjective rights the individual against the state, fundamental rights are also objective values, which trigger an order directed the state to protect them against the action of the offending individuals themselves (duty to protect), the mission of which the State seeks to discharge, among other means, through the issue of legal rules typifying the behavior detrimental to such rights, subject to penalties, and the concrete actions of public institutions created by the Constitution to operate penal law. Under this double bias, it is argued that the rule violates the Constitution in the exercise of the claim punitive society as much as by excess malfere fundamental rights that limit, as when it allows facts wrong by offending fundamental rights, remain unpunished either by inaction or by insufficient measures taken abstractly or concretely provided

Direito à moradia em cidades sustentáveis: parâmetros de políticas públicas habitacionais Natal 2013

The right to housing is included in several international human rights instruments and in Brazilian legal system integrates the constitutional catalog of fundamental social rights (art. 6) and urban development policy (art. 182 and 183). Besides, it is for all federative governments its effectiveness by building programs and improvement of housing conditions and sanitation (art. 23, IX), which justifies the investment in urban planning and public policy of housing affordability because they are tools for achieving this right. Newer strategies in this area have been based on tax incentives, combined with the mortgage as a way to induce the construction of new housing units or reform those in a precarious situation. However, there is still a deficit households and environmental soundness, compounded with the formation of informal settlements. Consequently, we need constant reflections on the issue, in order to identify parameters that actually guide their housing policies in order to meet the constitutional social functions of the city and ensure well-begins of its citizens (art. 182). On the other hand, the intervention of the government in this segment can not only see the availability of the home itself, but also the quality of your extension or surroundings, observing aspects related to environmental sanitation, urban mobility, leisure and services essential health, education and social assistance. It appears that the smoothness and efficiency of a housing policy condition to the concept of adequate housing, in other words, structurally safe, comfortable and environmentally legally legitimate, viable from the extensive coordination with other public policies. Only to compliance with this guideline, it is possible to realize the right to housing in sustainable cities

Dignidade da pessoa humana e medidas sócio-educativas do Estatuto da Criança e do Adolescente

The main goal of this work is to verify the presence of the principle of human dignity, determined by the Constitution of 1988, when Socio Educational Acts from the Statute of Children and adolescent were put in practice, focusing on the treatment designated to the youth whose acts were against the law in the city of Natal, as well as the difficulties to match the legal texts and its reality. It is common knowledge that the law for children and adolescent was based in the principle of human dignity, for its institutes say so. But would the Law match the practice of Socio Educational Acts? Or this law would be an example of good intentions that never left the paper and became reality? First there is an approach on the human dignity principle, with its definition and limitation, according to a theory about the theme. Afterwards it is made a connection between human rights and the principle of human dignity considering historical and social features, for the law is also a reflect of these transformations, we try to show the different laws the country had until today, concerning the children inflicted by poverty and those whose acts were against the law, since the rodas dos expostos, the phase of irregular situation, in which the children were arrested simply because they were beggars, until present time. The theory aspects are shown beside a field research made with the adolescent and staff from CEDUC/Natal, producing a critical view about the subject and showing some solutions for the problems found. At last, it is made a critical analyses of the problems detected on the field research, and, in some cases, a suggestion is given to change the reality

O direito coletivo prestacional à saúde e o poder judiciário: a concretização do art. 196 da Constituição de 1988 pela via jurisdicional

During the ninth century, owing to the process of industrialization, new social conflicts were showed, forcing the Government not to remain inert. The necessity of answer to these new demands requires from the State some actions that assure the new economic, cultural and social rights, able to exceed the formal equality, according to the principles of redistributive equality and well-being. Among the social rights, the right to health is showed up, which is placed at the Universal Declaration of Human Rights and the International Treaty for the Economic, Social and Cultural Rights, as a necessary term to promote the dignity and the free development of the human personality. Under the Constitutional Law, it is clear that the implementation of the right to health, placed at the 6th article of the Brazilian Constitution, demands a government activity, which usually requires a provision of material goods, depending on budgetary resources. The Legislative and Executive Branches have a very important role in compliance with the constitutional regulations about the satisfactory offer of health care services, besides the correct use of the resources at this area. The adoption of public policies is the way of Government action to the planning and realization of this right. Though, some public policies are usually made apart from the social compromises, to the detriment of the basic social rights. The government has a discretionary competence to manage the health services. That is the reason it is necessary the control of the political choices, through the popular control, the extrajudicial control by the Account Courts, or the judicial review. Owed to the constitutionalization of social rights, the constitutional justice has a very relevant role, concerning to the constitutional jurisdiction, in a way the Judiciary Branch assume your position as a player that transforms the society. On the control of the public health policies, there is a cast of official instruments, judicial or not, to the guarantee of the collective right to the public health services, and to allow the citizens to reach the real implementation of the right to health

Das tendas às telhas: a educação escolar das crianças ciganas da praça Calon-Florânia/RN

El presente trabajo es el resultado de una investigación llevada a cabo con un grupo de etnia romaní Calon, en el territorio de Seridó, específicamente la ciudad de Florânia, estado do Rio Grande do Norte / RN, como un lugar con la Escola Municipal de Domingas Francelina das Neves . El grupo se trasladó a las pruebas de un nuevo espacio en la ciudad en los principios de l980, la construcción de casas para vivir de esta manera y fundar una escuela para sus hijos, desde el consumo de una cultura diferente a la manera de vivir y estar en el mundo, si los usuarios que hacen de las políticas públicas establecidas grupos sociales. Hemos elegido como base para el análisis de la importancia teórica y metodológica de la Escuela de Cultura Cultura Historia, conceptos y prácticas, estrategias y tácticas (Michel de Certeau), la entrevista completa (Kaufmann) y la memoria (Le Goff). Como una estrategia en la investigación de campo, se utiliza la técnica de observación participante (Minayo). En este trabajo, encontramos el ejercicio de la educación para la vida familiar, la práctica social y cultural de los gitanos, el trabajo de la institución de educación y los elementos postulada por los teóricos que abordan los cambios en los estilos de vida de la inclusión en la escuela, las culturas silenciadas o negada. La investigación representa una labor de diálogo intercultural en una investigación como resultado de intensas búsquedas en fuentes documentales y de archivo, después de haber sido un cuerpo empírico, con material de lectura en los archivos públicos de la Cidade de Florânia, Escola Municipal de archivo Domingas Francelina das Neves entrevistas, fotografías, películas, cuadernos, documentos personales y diarios de circulación nacional. Nuestra investigación tuvo como resultado en los estudios de la cultura escolar y la escuela, el lugar de la escuela como un instrumento de inclusión social de grupos marginados y los grupos étnicos, sin poder, los estudios para la comprensión de la convivencia con los distintos temas de la diversidad, así como la comprensión y posibilidades de la formulación de declaraciones de política, teniendo como punto de partida las prácticas sociales y culturales de la rutina escolar

Transição política e cotidiano penitenciário

Este trabalho dedica-se ao estudo das décadas de 1980 e 1990 no Brasil, a partir da transição política, mas procurando abordar também seus desdobramentos que se materializaram, em grande parte, nos anos 1990. A abordagem baseia-se no estabelecimento de relações entre as mudanças políticas, em suas possibilidades e seus limites, e no cotidiano de instituições penitenciárias do Estado de São Paulo inicialmente, e posteriormente em uma região específica, o Oeste Paulista. Chegou-se assim à identificação das diferentes temporalidades próprias de cada uma delas, por vezes materializadas em fissuras no processo de democratização que envolvia o debate acerca dos direitos humanos, além da identificação das relações de poder comuns e específicas.

Exploração sexual comercial de crianças e adolescentes : o estado da arte nas produções acadêmicas em psicologia

The Commercial Sexual Exploitation of Children and Adolescents (ESCCA) is a phenomenon that has been given priority in public policy agenda of many democratic governments of Western countries and civil sectors of society, besides the object of studies in different fields of knowledge. Psychology is among these areas and is considered one of the references in the construction of knowledge and actions to confront the phenomenon. However, the epistemological foundations of psychological science are quite different, and so, several are his speeches, knowledge produced and ways of conceiving man and the world. This is evident in the publications of psychology on ESCCA. This work aims to achieve a state of the art of psychology publication in Brazil (in the post-graduation - through theses and dissertations - and journals) on the Commercial Sexual Exploitation of Children and Adolescents. More specifically try to evidence (a) what conceptions of commercial sexual exploitation of children and adolescents the authors lists, (b) what are aimed at research and publications, (c) how the research and issues are justified, and (d) that theoretical approaches the authors are affiliated and methodological possibilities are applied to range the aim proposed in their work. In order to do so, a survey was conducted in the major index sites (eg, BVS-Psi, Capes, theses and dissertations database of university libraries) of the material, covering the period 1990 to 2007. Through research on these sites, we built a database, including information relating to the work sought from specific descriptors for studies in the area of victimization of children and adolescents, with reference to a list provided by Faleiros (2000). After reading the summary of the work, the number of recovered 25 productions was reached - including theses, dissertations and articles. For analysis of the material used in the analysis of thematic content. Two axes themes were established in order to guide the analysis: conceptual elements of commercial sexual exploitation, and theoretical and methodological strategies employed. The axes have as reference for analysis a chapter built on the concept of commercial sexual exploitation, so that all analysis is anchored on it. The analysis points to the existence, still strong, conceptual and terminological confusion about ESCCA. Few studies have not demonstrated this confusion, maintaining a consistent theoretical approach. In relation to the theoretical and methodological strategies, there is a great diversity of approaches in psychology surrounding the phenomenon of ESCCA, enriching levels of understanding and action. This diversity reflects a constitutive heterogeneity of psychological science. We emphasize the perspective of socio-historical psychology, most frequently among the publications. It is hoped that this research will help advance the qualitative approach to ESCCA, especially in the field of psychology, as well as contribute to new research in the area and construction of new means of addressing this human rights violation

A produção das desigualdades: análise da relação entre trabalho infantil e indicadores sociais

The International Labor Organization (OIT) estimates that there are around 118 million children subjected to child labor around the world. In Brazil, there are 3.5 million workers aged between 5 and 17. This exploitation practice constitutes a serious social problem, including of Public Health, since these workers are exposed to a wide range of risks, such as those related to health, physical integrity and even to life, which may cause them to become sick adults and/or interrupt their lives prematurely. Therefore, this research aims to investigate the relationship between the frequency of child labor in the age group of 10 to 13 years and some socio-economic indicators. It is a quantitative research in an ecological study whose levels of analysis are the Brazilian municipalities grouped in 161 regions, defined from socioeconomic criteria. The dependent variable of this study was the prevalence of child labor in the age group of 10 to 13 years. The independent variables were selected after a correlation between the 2010 Census of child labor in the age group of 10 to 13 years and secondary data had been conducted, adopting two main independent variables: funds from the Family Allowance Program (PBF) per 1,000 inhabitants and Funds from the Child Labor Eradication Program (PETI) per a thousand inhabitants. Initially, it was conducted a descriptive analysis of the variables of the study, then, a bivariate analysis, and the correlation matrix was built. At last, the Multiple Linear Regression stratified analysis was performed. The results of this survey indicate that public policies , like the Bolsa Familia Program Features per 1000 inhabitants and Resources Program for the Eradication of Child Labour to be allocated to municipalities with HDI < 0.697 represent a decrease in the rate of child labor ; These programs have the resources to be invested in municipalities with HDI > = 0.697 have no effect on the rate of child labor. Other adjustment variables showed significance, among these the municipal Human Development Index (IDH), years of schooling at 18 years of age, illiteracy at 15 years of age or more, employees without employment contract at 18 years of age and the Gini Index. It is understood that the child labor issue is complex. The problem is associated, although not restricted to, poverty, the social exclusion and inequality that exist in Brazil, but other factors of cultural and economic nature, as well as of organization of production, also account for its aggravation. Fighting child labor involves a wide intersectoral articulation, shared and integrated with several public policies, among them health, sports, culture, agriculture, labor and human rights, with a view to guaranteeing the integrality of the rights of children and adolescents in situation of labor and of their respective families

Família e subjetividade: tendências e particularidades das classes trabalhadoras no capitalismo contemporâneo

This work problematizes the inflections of the offensive of the capital on the work, having as a social-historical context the relation between the productive restructuring and the social reproduction of the working families classes. Part of the presupposition that the reproduction of the capital, to raise deep transformations in the productions, organization of the work and in the social relationships, it also produces determinations in the life and work conditions, in the affectionate relationships and in the family coexistence expressing, so, a subjective way. Thereby, the conditions of reproductions of the work in the scenery aimed by the contemporary capitalism have been demonstrating the crescent impoverishment of the workers, the alimentary insecurity, the shortage of the work, the weakness of the political organization and the regression of the State in the conduction of public policy that characterize the daily violation of human and social rights. In this approach, we seek to contemplate the several configurations of affectionate-sexual coexistence expressed by the family, articulating it to the contemporary work division, pondering about the forms of satisfaction of the needs engendered by the group for preservation of their bonds, in face to the daily adversity which translates to the growing responsibility to assist social d mands and in the impediments to the enrichment of the individuality and human diversity.

Violência contra a mulher:uma análise do trabalho do Centro de Referência da Assistência Social-CREAS/Parnamirim-RN.

This work demonstrates the results obtained from research on violence against women: an analysis of the work from reference center of the Social Assistance-CREAS, held in the city of Parnamirim/RN from September 2008 extending through the february of 2009. Having as goal to investigate and examine in a longitudinal cut, which specifically covers the period from 2006 to 2007, find out extent the actions taken by the Reference Center Specialized Social Assistance- CREAS, contributed to the change of women who were there, by checking if there was any change in their positions ahead of the violence and if they began to realize how social subjects, able to control their living conditions and interfere in the orientation of social dynamics Have a particular emphasis on the presence of work and schooling or lack of them is also a factor to be allied to the barriers and rules imposed on women in contemporary society. In this study it was found through a qualitative research guided by dialectical and implemented through the use of documentary research, observation, semi-structured interview and an extensive theoretical background on the subject in question that the woman victim of violence is in a complex and contradictory context where there is both the construction and deconstruction of rights, a view that there are strong influences of patriarchal culture and the consequences of social issues that specifically searched for the public, focuses on social, economic , political, social and cultural. In this sense, the National Policy to Combat Violence against Women, operated by CREASE Parnamirim, is also reflected in its early stages in the life of these women are to nurture a real chance for these victims of violence, to perceive themselves as social subjects can control their lives and interfere in their own destinies. We want this study to add more knowledge to help and most appropriate intervention in this reality, but without the intention of reaching exhaustion, but to subsidize future studies on the topic of women victims of violence

Violência contra a mulher: uma análise do trabalho do centro de referência da assistência social-CREAS/Parnamirim

This work demonstrates the results obtained from research on violence against women: an analysis of the work from reference center of the Social Assistance-CREAS, held in the city of Parnamirim/RN from September 2008 extending through the february of 2009. Having as goal to investigate and examine in a longitudinal cut, which specifically covers the period from 2006 to 2007, find out extent the actions taken by the Reference Center Specialized Social Assistance-CREAS, contributed to the change of women who were there, by checking if there was any change in their positions ahead of the violence and if they began to realize how social subjects, able to control their living conditions and interfere in the orientation of social dynamics Have a particular emphasis on the presence of work and schooling or lack of them is also a factor to be allied to the barriers and rules imposed on women in contemporary society. In this study it was found through a qualitative research guided by dialectical and implemented through the use of documentary research, observation, semi-structured interview and an extensive theoretical background on the subject in question that the woman victim of violence is in a complex and contradictory context where there is both the construction and deconstruction of rights, a view that there are strong influences of patriarchal culture and the consequences of social issues that specifically searched for the public, focuses on social, economic , political, social and cultural. In this sense, the National Policy to Combat Violence against Women, operated by CREASE Parnamirim, is also reflected in its early stages in the life of these women are to nurture a real chance for these victims of violence, to perceive themselves as social subjects can control their lives and interfere in their own destinies. We want this study to add more knowledge to help and most appropriate intervention in this reality, but without the intention of reaching exhaustion, but to subsidize future studies on the topic of women victims of violence

Ressocialização: o desafio da educação no sistema prisional feminino

Este artigo é fruto da pesquisa de doutorado em andamento e tem como objetivo discutir, por meio da perspectiva da representação social e dos direitos humanos, o tema da exclusão e ressocialização de mulheres reeducandas, buscando apreender qual o papel do processo educativo institucional na ressocialização dessas mulheres.

Os segredos da adoção e o imperativo da matriz bioparental

Este trabalho pretende problematizar a vinculação entre os segredos da adoção e o que aqui proponho como matriz bioparental que, segundo nossa experiência no Projeto Laços de Amor: Adoção, Gênero, Cidadania e Direitos desenvolvido junto ao Departamento de Psicologia Clínica da UNESP, Assis, SP, reforçam o sofrimento, o estigma e a segregação que recaem sobre as pessoas adotadas ou que supostamente o serão. Nesse sentido, destacamos a cultura da adoção, reificadora de estigmas e crenças, como uma referência importante na construção da relação intersubjetiva existente entre pais/mães biológicos, adotivos e crianças adotadas na medida em que, a partir de um referente apoiado na matriz heteronormativa - que pressupõe uma organização continua entre sexo/gênero/desejo -, passa, por isso, a estabelecer a binária distinção entre filhos/as legítimos/as e ilegítimos/as conforme sua origem advinda ou não de laços de sangue.