Visões de um quadro complexo: a violência policial no espelho das representações sociais

In the last three decades, the Brazilian social dynamics evidenced increasing requirements in the public security, in the search not only for efficient and efficient police institutions, however that they added in its daily one, positions more adjusted to the Democratic State of Right and a bigger respect to the human rights and the citizenship. In this direction, the practical one of the police violence has been hardly debated in the media and the academics institutions, in the search for elements that clarify its roots and elements of intervention that allow to its control and reduction. The research considers, from the study of the social representations constructed by the soldiers of the Military Policy of the Rio Grande do Norte, having as objects the police violence, searching to evidence the central elements of these representations and its practical reproduction in the daily one, while a products of habitus effective in the institution

O choque das culturas da ordem

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Duas mãos e o sentimento do mundo: Hélio Vasconcelos

This thesis deals with the intellectual itinerary of the humanist, lawyer and educator RN Helio Vasconcelos in building a more cohesive society, just and egalitarian, less marked by inequality, by poverty, ignorance and lack of freedom of his people suffered and loved. It also shows, as after suffering the hardships caused by the political persecution and imprisonment, exile faced with dignity, developing an exemplary job of defending the rights of children and adolescents. For this, redo the way that intellectual humanist, simple man who never gave up their way of thinking, of viewing the world, to love and respect all that surrounds him, thinking globally and acting locally, always holding the defense Rights human. Helium shows how solidarity exercised intensely and as bothered with the real interests of the community to hold public office. It seeks to demonstrate the need for reformulation of Legal Education in order to stimulate the formation of a lawyer gifted humanist profile

Identidade e participação da comunidade rural nos processos de desenvolvimento local:desafios e competências do regulado de Nhambita-Moçambique

This thesis is defined as a reflection on the mechanisms of expression and insertion of the homo situs in the participatory governance in Mozambique. For a better understanding of this social fact, it was settled a periodization which covered the decline of colonialism at the time of the independence, which was proclaimed in June 1975, the civil war that lasted over 16 years and the period of the democratic State, further established. Therefore, we sought to understand the mechanisms and failures of the participation of the homo situs in local development projects that absorbed the needs and problems of these peasants, not mobilizing the skills and social competences of these communities. It would be essential for the homo situs a genuine democratic practice involving a political culture based on the social construction of the territories of the traditional man which was characterized by being procedural and historical, finding in participation its higher base. In this context, it would be desirable that the community development in Mozambique could contemplate and respect the choices of the homo situs. For this purpose, it would be fundamental the consistency between theory and practice, which builds and rebuilds, continually the competence of the peasants, facilitating the possibility of realization of their primordial aspirations. In the research, it became apparent that there is not a continuous process of participation of the rural communities, which appear as participants, only at the time of the implementation of the activities. Therefore, even having the participation of the communities expected by the law, with predictable moments of discussion and necessary conditions for that, the State failed to establish an ongoing process of democratic dialogue with traditional populations, as well as it failed to organize, properly, accurate informational bases to help solve the problems of rural areas. These facts have led to obstacles to the process of conquest of the human and civil rights of the traditional communities

Tribunal do Júri e Soberania Popular

The present work has for object the Jury under the democratic optics, looking for to demonstrate its democratic validation. The purpose of this work was to revisit the institution, in order to bring its importance while instrument of popular participation. The work presents, first, a systematic and chronological approach of the institution of the Jury and its evolution inside of Brazilian constitutional history, objectifying, with this, to approach the narrow entailing of the Jury with the constitutional postulates. After that, the constitutional principles of the Jury had been examined, looking for to establish the popular identity of the institution and its approach with the human rights system of the Brazilian Federal Constitution. More ahead, had been examined the direct participation of the society in the Jury, going deep the questions related with the election of the jurors and the jury nullification on the American Jury. Finally, had been dedicated the study of the current conjuncture of the Brazilian Jury, its problems and the possible solutions, beyond the study of the limitation's mechanisms in the constitutional principle of the popular supremacy and the reform's projects suggested for legislators and jurists. In this way, had been looked elaborate a constitutional construction of the Jury, defending its permanence in the Brasil law system, for being a fundamental guarantee to protect the freedom, moreover for being essential to validate the Democratic State of Right, for to be the materialization of the democratic principle. For opportune, it's necessary to allege that this work had been directed to the constitutional analysis of the Jury, its legitimacy and its democratic vocation, using themselves as ideological north the American Jury System and as philosophical base the social contract theory, understanding the Jury as an instrument of protection of the society front to the state supremacy and its hierarchy structure of the power

O princípio constitucional do desenvolvimento sustentável: análise da sua concretização no Estado do Rio Grande do Norte

The Article 225 of Constitution of the Federative Republic of Brazil in its main body, stipulates that everyone is entitled to ecologically balanced environment and the use of common people and essential to the healthy quality of life, should be imposed on public authorities and the community the duty to defend it and preserve it for present and future generations. Following a universal trend, the letter raised the Brazilian environment the category of one of those values ideals of social order, dedicating it, along with a constitution of rules sparse, a chapter, itself, which definitely, institutionalized the right to healthy environment as a fundamental right of the individual. The national public policies and state should be in line with modern theories of Sustainable Development, outlined within the international society, and certainly instruments that should be made effective through the mobilization of civil society as a whole. The implementation of Human Rights, in fact, depends on a strong political action and not just a legal problem. Thus, this work of theoretical-descriptive nature we will address various dimensions of sustainable development, such as environmental education, water, sanitation, health and sustainable development plans, evaluating its current stage in our state

A investigação criminal e a vedação ao anonimato no sistema jurídico brasileiro

The thesis, prepared with basis on deductive reasoning (through the utilization of general concepts of the fundamental rights theory) and on inductive logic (by means of the consideration of particular situations in which the theme has been approached) deals with the criminal investigation and the prohibition of anonymity in the Brazilian law system. The state criminal investigation activity presents not only a substantial constitutional basis, due to the objective dimension of fundamental rights (which imposes an obligation to protect these essential values), but also a formal constitutional basis, arising from the administrative principles of rule of law, morality and efficiency, referred to in article 37 of the Constitution. The criminal investigation, however, is not an unlimited pursuit, being restrained by the duty to consider fundamental rights that oppose to its realization. One of the limits of the state investigation activity, in the Brazilian law system, is the prohibition of anonymity, referred to in article 5°, IV, of the Constitution. This prohibition is a direct constitutional restriction to the freedom of expression that aims to ensure the credibility of the diffusion of ideas and prevent the abusive exercise of this fundamental right, which could harm both persons and the state, with no possibility of punishment to the offending party. Generally, based on this prohibition, it is affirmed that a criminal investigation cannot begin and progress founded on anonymous communication of crimes. Informations about crimes to the investigative authorities require the correct identification of the stakeholders. Therefore, it is sustained that the prohibition of anonymity also comprehends the prohibition of utilization of pseudonyms and heteronyms. The main purpose of this essay is to recognize the limits and possibilities in starting and conducting criminal investigations based on communication of crimes made by unidentified persons, behind the veil of anonymity or hidden by pseudonyms or heteronyms. Although the prohibition of article 5°, IV, of the Constitution is not submitted to direct or indirect constitutional restrictions, this impediment can be object of mitigation in certain cases, in attention to the constitutional values that support state investigation. The pertinence analysis of the restrictions to the constitutional anonymity prohibition must consider the proportionality, integrated by the partial elements of adequacy, necessity and strict sense proportionality. The criminal investigation is a means to achieve a purpose, the protection of fundamental rights, because the disclosure of facts, through the investigatory activity, gives rise to the accomplishment of measures in order to prevent or punish the violations eventually verified. So, the start and the development of the state criminal investigation activity, based on a crime communication carried out by an unidentified person, will depend on the demonstration that the setting up and continuity of an investigation procedure, in each case, are an adequate, necessary and (in a strict sense) proportional means to the protection of fundamental rights

Mediação como instrumento de desjudicialização das questões familiares: constitucionalização do Direito de Família

The Liberal Constitutionalism emerged from the late eighteenth century, a period of major revolutions (French and American), fruit of the struggle for libertarian rights. Although the time of the first written constitutions, these were linked to mere political letters, did not provide for fundamental human rights, as it is, so only on the state organization, structure of powers, division of powers of the state and some relations between state and individuals. There was a clear division between the civil codes and constitutions, those governing private relations and acted as barriers to non-state intervention. After the Second World War, the constitutions are no longer Letters political order to establish how the human person, in order to enshrine the fundamental rights, the primacy of constitutional principles and take their normative function against ordinary legislator. Constitutional evolution gave the name of contemporary constitutionalism, based on repersonalization or despatrimonialização of Private Law, ceasing the separation of legislative civil codes and constitutions, in favor of the protection of fundamental rights of the human person. And this tendency to the Brazilian Federal Constitution of 1988 brought higher ground the dignity of the human person, the epicenter axiological legal to govern private relations, including family law. The constitutionalization of family law motivates the adoption of desjudicialização family issues, so as to respect the direio intimacy, privacy, private autonomy and access to justice. Conflictual family relationships require special treatment, given the diversity and dynamism of their new compositions. The break in the family relationship is guided in varied feelings among its members in order to hinder an end harmonic. Thus, the judiciary, through performances impositive, not to honor the power of decision of the parties, as also on the structural problems faced to operate on these cases, the environment is not the most appropriate to offer answers to the end of family quarrels. Situation that causes future demands on the dissatisfaction of the parties with the result. Before the development of the Family Law comes the need to adopt legal institutions, which monitor the socio-cultural, and that promote an effective assistance to people involved in this kind of conflict. In obedience to the private autonomy, before manifestations of volunteers involved in family mediation, among autocompositivos instruments of conflict resolution, is indicated as the most shaped the treatment of family quarrels. Remaining, then the state a minimal intervention to prevent excessive intrusion into private life and personal privacy

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

A experiência educativa do Lições de Cidadania (2005-2013)

Tomamos como un fenómeno a ser estudiado en nuestra investigación las prácticas educativas del Lições de Cidadania. O Lições fue creado como un proyecto y más tarde transformado en un Programa de extensión que se centra en la Educación Popular y los Derechos Humanos, forjado en la reflexión - acción - reflexión. Contribuyó a la reorganización de la formación juridica, extensión universitaria y la situación política de la Universidad Federal de Río Grande do Norte. Circunscribiendo nuestro estudio entre los años 2005 y 2013, tuvo como objetivo identificar, analizar y sistematizar los procesos educativos del Lições que tuvieron lugar durante este período en UFRN y en las comunidades que han dialogado con los sujetos de extensión. Nos guiamos durante la investigación en dos preguntas: ¿Cuáles son las bases educativas del Lições de Cidadania? Y, como el Lições de Cidadania hay operado en el mundo? Estas cuestiones sulearam largo de nuestro estudio y nos llevaron a tomar el paradigma Indiciário señalado por Ginzburg, en su obra: Mitos, Emblemas, Signos: Morfología e Historia (1989). Como una estrategia de investigación, se utilizó la entrevista conversacional libre para el diálogo directo con los chicos y chicas que construyeron el Lições de Cidadania, además de recurrir a la extensa documentación de investigación, principalmente a través de correos electrónicos y actas de las reuniones de planificación del Lições. Llamamos a la rueda de la conversación, el concepto de tránsito en Freire, Vivência y Zona de Desarrollo Próximo de Vygotsky y Peregrinación y Itinerancia en Barbosa Jr. y Tavares. Después de la búsqueda para entender las prácticas educativas del Lições a través de la palabra auténtica de las personas y de los documentos, hemos sido capaces de comprender más profundamente la estructura y la acción del Proyecto a lo largo de su existencia, indicando, para nosotros, que, en realidad, fue un Proyecto de extensión que en la promoción de contacto directo de los estudiantes con las comunidades, también promovió cambios significativos en la manera de ser y vivir de los estudiantes

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