A negociação coletiva como instrumento de efetividade do direito fundamental à igualdade

Equality as a principle and as a legal rule, integrates brazilian constitutional order since the Constitution of 1891, constituting the target always be sought, built and promoted by the state and society as a whole. Also e xs urgem for protection of equality and non - discrimination, declarations and international treaties, mostly ratified by Brazil. The international protection of human beings with intrinsic value began in the UN Declaration of 1948, which declared the equality of all men in rights and dignity, followed by more specific international documents, in a growing movement of ratification of international standards protection of human rights occurs after the atrocities during the Second World War. Within the Internation al Labour Organisation (ILO), the theme of equality and non - discrimination in employment relationships integrates one of its main conventions, to No. 111, ratified by Brazil since 1965, which aims to eliminate discrimination in respect of employment and oc cupation. In this context, lies the collective bargaining work, with her normative instruments arising from the collective agreement and the agreement recognized constitutionally and with full ability to create and establish standards and conditions for de tails of suitable work for each occupational category and economic having the unions the power and duty to use them as a means of effecting the postulates of equality and non - discrimination in employment relationships, filling gaps in state law and / or su pplementing it, molding them to existing events in the capital - job. Driven by greater freedom contained in the Constitution of 1988, trading, and with it, the private collective autonomy, in fact, have included the issue of equality and the right to differ ence between clauses created, scheduled to affirmative action and sealing exclusionary conduct, and reported some positive outcomes, such as greater diversity in work and training followed by admission of persons with disabilities environment. These attitu des of union entities and employers should be broadened because corroborate the fulfillment of constitutional requirements for compliance with the international declarations, adapting them to the reality of labor relations and contributing to the construct ion of equality in the pursuit of social justice with the recognition of the right to be different with respect to the inherent dignity of the human condition.

A cidadania no contexto do estado constitucional democrático de direito brasileiro

The citizenship is a fundamental category to the democratic progress and the development and concretization of human rights, in addition to being one of the essential foundations of democratic contextualized in the rule of law of the Federative Republic of Brazil. That’s exactly why the discussion about its concept and content is a paramount requirement to the understanding and interpretation-application-concretization of the Federal Constitution of 1988, as well as its democracy, since there is no democracy without citizenship. That is why the general objective of the research is to determine the characteristics of the citizenship, relating it to the Law, as well as to discuss (critically) its inclusion in the list of fundamental rights and delimitate the scope of protection and the limits of this right, in the context of Brazilian law post-1988 Constitution. The specific objectives are: a) to analyze the concept of citizenship, its extent and scope, contextualizing it historically; b) to examine the evolution of the legal and regulatory treatment of the citizenship in Brazilian constitutions, focusing on the 1988 Constitution; c) assess whether citizenship can be considered a fundamental right; d) to investigate which implications, theoretical and practical, of assignment fundamentality character to the right to citizenship. This research identifies and deconstructs current conceptual confusions, such as the lack of distinction between citizenship and nationality; citizenship and electoral capacity; citizenship and person. It also helps to identify and oppose the generalizations, as well as the excessively abstract associations which tend to purely metaphysical understandings, fluid and empty of any content. The main virtue, however, is the proposed of understanding of the citizenship as a fundamental right and the examination of the relationship between citizenship and human dignity. In this context, citizenship appears as a corollary of human dignity and it goes beyond. This (human dignity) requires equality, non-arbitraries, non-excessive, disproportionate or unreasonable impositions affecting their freedom rights, and, yet, doesn’t affect a minimum core of possibilities of have to a decent life, in conditions of freedom and self-conformation involved in the necessary consideration of the individual as a subject. All of this requires a decision-making process, molded by the citizenship, which reaches the entire development process of possible state interventions, to ensure the person as a subject, the right holder and the objective point of reference of the juridical relations. Thus, the citizenship represents a substantial and beneficial addition to the human dignity, since the emancipated citizen is a person, formally and materially, qualified, to be able to build their own and collectively organized history, to participate effectively in the making processes decision juridical and social

Os efeitos do reconhecimento da diversidade sexual como um direito humano pelo sistema interamericano de proteção

La diversidad sexual emerge en las Américas como una de las cuestiones más importantes en relación con la protección y promoción de los derechos humanos. A partir de la democratización de la mayor parte de los Estados Sudamericanos en los años 80, se ha iniciado una discusión acerca de la ampliación del concepto de igualdad con el fin de introducir el derecho a la diferencia como otra expresión de la dignidad de la persona humana, cuyos estudios fueron encabezado de lo que se llamaba La hermenéutica de la Diversidad. En este escenario, el Derecho Internacional de los Derechos Humanos aparece como el principal responsable por el proceso de reconocimiento de la diversidad sexual como un derecho humano, lo que permite la asignación de temas tales como la sexualidad y el género en la agenda de los principales órganos regionales de protección de derechos humanos, así como en la agenda de algunos Estados, que por su promoción de políticas de diversidad han llegado a ser considerados empresarios normativos en relación con el libre ejercicio de la sexualidad humana. En este sentido, se pretende con esta tesis analizar el proceso de reconocimiento de la diversidad sexual como un derecho humano en el marco del sistema interamericano de protección, comprobando el potencial normativo de Argentina, Brasil y Uruguay con respecto a la adopción de normas internas promoción de la diversidad sexual. También tenemos la intención de analizar la norma internacional llamada Convención Interamericana contra todas las formas de discriminación e intolerancia como el primer tratado producido por el sistema interamericano para la protección de la sexualidad como un derecho digno de protección. La investigación ha demostrado que después de la posición adoptada por la Comisión y la Corte Interamericana respecto al ejercicio de la sexualidad, países como Argentina, Brasil y Uruguay promovieron un progreso significativo en el campo de las libertades individuales y en el campo de las políticas públicas de asignación de la sexualidad como un derecho que necesita de una protección efectiva del Estado

Avaliação da atenção humanizada ao abortamento em maternidade-escola, em Natal, Rio Grande do Norte

Unplanned pregnancy is experienced by millions of women worldwide. Such fact increases the risk of abortion-related morbimortality, which represents a serious public health problem. This study aims to evaluate the advances and challenges of the implementation of Humanized Abortion Care at the Maternity-School in Natal, state of Rio Grande do Norte. The research was evaluative, was preceded by an Evaluative Study, and resulted in a Case Study. The intentional sample totaled 102 subjects (60 users, 39 professionals and 3 managers). The collection techniques included documental analysis, semi-structured interview and observation with a field diary. The documental analysis was descriptive, while the Content Analysis by Bardin was used for semi-structured interviews and field diary. The Evaluative Study observed that Humanized Abortion Care is an evaluative program with preparation and pact of the logical model, of the matrix of indicators and evaluative questions. The Case Study showed that users were satisfied with the problem-solving capacity and access to the service; however, is also showed that they pointed out inadequacy in terms of environment, qualified hearing and reproductive planning. Professionals reported that the inefficiency of service consists of infrastructure and environment, which are considered inefficient and inadequate to humanized care, especially regarding patient accommodation, the lack of hospital beds, the reduced number of rooms in the surgical center and the lack of laboratory inside the maternity. Moreover, reproductive planning does not consist of an institutionalized practice in the service, and integrality with other services or partnership with the community is not in place. The Maternity Board emphasizes that the excessive demand of patients is one of the reasons that hinders the appropriate implementation of the technical standard. We then conclude that although satisfied regarding problem-solving capacity in terms of service and ease of access, there is room for improvement in qualified hearing systems, in the creation of a system to promote team work, implementation of ombudsman and satisfaction surveys. The right of shared choice did not prevail among users and health professionals with regard to the option of uterine evacuation procedure. Environment was the most mentioned category as that requiring more changes, seeing as a limited factor for the development of humanized and welcoming practices. Health professionals do not establish a periodic routine of planning practices, and such practices are not aligned with the Technical Standard. Incorporation of guidelines and availability of a plurality of methods and possibilities of choices for family planning are required. There is no institutionalization of reference and counter-reference, or partnerships with the community, which makes integrality of care not viable. The Standard needs to be included in the action plans of managers as one of the priorities in the construction of care strategies for women's health, in order to enable, allied to other initiatives, the real integration among safe conduct service, primary care network and social organizations. As a result, respect for human rights and adequate humanized care, as a way of attention and prevention of abortion, can be secured.

Cartografia do trabalho de agentes penitenciários: reflexão sobre o “dispositivo prisão”

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.

Projeto de mobilidade urbana: estudo sobre processos de integração com habitação de interesse social nas obras do PAC da COPA 2014 em Natal/RN

The public political investments of urban mobility financed by PAC of Cup 2014 have developed discussions and questions by the civil society in Brazil expecting positive results to the urban infrastructure referring to the possible human rights violation and, specially, rights of habitation related to the removing/expropriation noticed. Natal, capital of Rio Grande do Norte, is into this context, due to the urban mobility project linking North Zone of the city to the Arena das Dunas stadium, financed by the PAC of Cup 2014, named West Structural Corridor, that crosses a field of social interest and proposes almost 400 expropriations. This research analyzes how strategies and mechanisms of integration were presented between the mobility project of West Structural Corridor and the Social Interest Habitation affected by this project. We have as hypothesis those projects financed by PAC of Cup 2014/Urban Mobility to Natal/RN present many problems related to the integration of social interest to the housing project, however the National Politics of Urban Development has planned this integration. As a result we detach 3 strategies in the elaboration process about the integration of those politics: (i) integration between municipal secretaries involved in this project; (ii) urban integration of the city; and (iii) integration of public rules or public politics integrated. For each strategy were presented the main mechanisms used to establish the integration of the project. Those mechanisms, however, in this process of establishment/implementation of the empirical research, presented many contradictions and conflicts that compose problems to the integration between the mobility project and the housing area affected.

A inserção da família no processo socioeducativo de adolescentes em privação de liberdade

This master thesis has the main goal investigate how families are inserted in the socioeducational process of teenagers who are undergoing social measures of liberty deprivation. The specific objectives are: to characterize the family´s living together of adolescents deprived of their freedom and their families, from the actions and routines of the socio-educational system; to assess the professional working links in the context of socio-education, in order to care and strengthening families of the adolescents; to investigate how families evaluate the operation of socio-educational process in which adolescents are met. Method: to achieve the proposed objectives, data collection occurred in complementary steps: the first phase took place from visits to socioeducational units of liberty deprivation of RN, and dialogues with professionals working in socio-education. Subsequently, action research stage was carried out, from the insertion of the researcher in the extension project Family and the struggle for the effectiveness of the National Socio Service System, that aimed to strengthen monitoring the adolescents socio-education by their families, and had as methodology the conversation circles and thematic workshops. Lastly, were performed reading and analysis of the references to the family in the Individual Care Plans (PIAs) for adolescents. The information gathered was recorded in field diaries and subjected to thematic content analysis. This research was guided by the Marxist theoretical framework, structured on the understanding of the involvement of adolescents with illegal acts as a development and expression of the social question. From this theoretical framework, the prevailing view in the capitalist society of adolescents in conflict with the law as individuals who are treated by means of repression and segregation and the weakness of social policies is questioned, both in the execution of their own socioeducational measures as the articulation of network services for adolescent protection and strengthening your family. Results: in relation to the operation of the socioeducational system in RN in general, it was observed a state of unhealthy physical spaces and institutional practices that violate human rights, idleness and lack of access to social rights, and criminalization and institutionalization of poor young people and their families. With regard to family´s living together, it was noticed great distance between principles and guidelines recommended by the SINASE, about acquaintanceship and family strengthening, and every day practices of socio-education in RN: serious violations were observed that undermine the family´s living together, as the distance between the socio-educational units of deprivation of liberty and the cities where families live; absence, irregularity and poor conditions in carrying out the family visits; lack of conjugal visits; restricted and unarticulated actions for the care and strengthening of the families of adolescents, most of whom live in poverty or extreme poverty. Finally, it was found a number of blamefully and punishments to the family, including practices such as inward inspection (visual inspection while naked and squant), plus a series of violence and omissions care that sick family members and weaken the links between adolescents and their families.

O Programa Nacional Biblioteca da Escola - PNBE: da gestão ao leitor na educação infantil de Natal-RN

This study aims to investigate the process of implementation of Programa Nacional Biblioteca da Escola, PNBE, and the reader's training on Childhood Education level in Natal. The promotion of literary reading is the opportunity of inclusion in a world that is connected to citizenship, to human rights and social justice, because the reading is the way which gives meaning to the life and, therefore, it is a right for everybody. The study is characterized as a qualitative research with evaluative approach. The methodological procedure that constitutes this corpus took place in three stages: the first one was about the analysis of laws and documents of national public policies for the reading promotion; questionnaires were applied by Managing Committee - Natal/RN to CMEIs and the available websites from MEC that provide distribution of the acquis; in the second stage, we adopted the semi-structured interview as a methodological procedure elaborated with open questions that focus on the program management and to the acquis of PNBE; and in the third step we visited the 21 centers of childhood education in Natal for interviewing and to do the exploratory observation in places of reading. The Informant actors in this research are: the advisors of SME - Natal and FNDE, managers and teachers in Municipal Childhood Education Centers who totalize 30 informants. This theoretical and methodological framework follows the studies of Amarilha (1993; 1994; 2002; 2006; 2010; 2012), Bardin (2001), Bogdan; Biklen (1994), Castro (2007; 2008; 2012), Demo (2000; 2006; 2008), Fischer (2006), Moreira; Caleffe (2008), Paiva (2008; 2012), Secchi (2010; 2012), Soares (2003; 2008) and Zilberman (2001; 2003; 2008). The analysis indicates that decentralization strategy which is adopted in public management model will transfer responsibilities and assumption of the PNBE, exempting the actors to planning actions ensuring the efficiency and efficacy implementation on reading policy to national and municipal levels. The qualified acquis that is distributed by MEC reaches every Childhood Education center and does not depend on teacher's desire or it action, only a few of them know about it and they do not have information about the PNBE, neither receive specific training in order to articulate it to the practice of reading with children from Childhood Education. The reading project implemented by private education system in Natal overlaps the PNBE, making it invisible. The reading places that are available for that schooling stage are summarized to the reading corners. In some CMEI, books remain stored in boxes or they are locked in the closet, out of use to the teachers and students. Thus, care for the acquisition, selecting acquis, and a preoccupation to the supply of the reading and books for this education level are lost into volumes of closed boxes, teachers are jettisoned to this process and children do not have any enchantment to the reading or books. In this context, this paper draws attention to how much we should still investigate in order to understanding the perspectives, stresses and challenges from public policies for the reading promotion in our country. We hope that the research will help to improve the management model of the PNBE, ensuring the reading democratization and therefore the reader's training in early Childhood Education.

O Programa Nacional Biblioteca da Escola - PNBE: da gestão ao leitor na educação infantil de Natal-RN

This study aims to investigate the process of implementation of Programa Nacional Biblioteca da Escola, PNBE, and the reader's training on Childhood Education level in Natal. The promotion of literary reading is the opportunity of inclusion in a world that is connected to citizenship, to human rights and social justice, because the reading is the way which gives meaning to the life and, therefore, it is a right for everybody. The study is characterized as a qualitative research with evaluative approach. The methodological procedure that constitutes this corpus took place in three stages: the first one was about the analysis of laws and documents of national public policies for the reading promotion; questionnaires were applied by Managing Committee - Natal/RN to CMEIs and the available websites from MEC that provide distribution of the acquis; in the second stage, we adopted the semi-structured interview as a methodological procedure elaborated with open questions that focus on the program management and to the acquis of PNBE; and in the third step we visited the 21 centers of childhood education in Natal for interviewing and to do the exploratory observation in places of reading. The Informant actors in this research are: the advisors of SME - Natal and FNDE, managers and teachers in Municipal Childhood Education Centers who totalize 30 informants. This theoretical and methodological framework follows the studies of Amarilha (1993; 1994; 2002; 2006; 2010; 2012), Bardin (2001), Bogdan; Biklen (1994), Castro (2007; 2008; 2012), Demo (2000; 2006; 2008), Fischer (2006), Moreira; Caleffe (2008), Paiva (2008; 2012), Secchi (2010; 2012), Soares (2003; 2008) and Zilberman (2001; 2003; 2008). The analysis indicates that decentralization strategy which is adopted in public management model will transfer responsibilities and assumption of the PNBE, exempting the actors to planning actions ensuring the efficiency and efficacy implementation on reading policy to national and municipal levels. The qualified acquis that is distributed by MEC reaches every Childhood Education center and does not depend on teacher's desire or it action, only a few of them know about it and they do not have information about the PNBE, neither receive specific training in order to articulate it to the practice of reading with children from Childhood Education. The reading project implemented by private education system in Natal overlaps the PNBE, making it invisible. The reading places that are available for that schooling stage are summarized to the reading corners. In some CMEI, books remain stored in boxes or they are locked in the closet, out of use to the teachers and students. Thus, care for the acquisition, selecting acquis, and a preoccupation to the supply of the reading and books for this education level are lost into volumes of closed boxes, teachers are jettisoned to this process and children do not have any enchantment to the reading or books. In this context, this paper draws attention to how much we should still investigate in order to understanding the perspectives, stresses and challenges from public policies for the reading promotion in our country. We hope that the research will help to improve the management model of the PNBE, ensuring the reading democratization and therefore the reader's training in early Childhood Education.

Ética da alimentação: porque devemos, segundo Kant, escolher uma alimentação adequada e saudável

This thesis proposes the adoption of a practical and philosophic approach to the discussion about what should be a healthy food, in view of the actual problems concerning this subject (from famine to obesity), which affect food and nutritional security and constitute target of many official policies. In order to handle this task, this work resorts to ethic, pedagogical and anthropological concepts inherent to Immanuel Kant’s philosophy, as valuable contributions to the practice of the professional nutritionist committed to the support and accomplishment of the human right to adequate nutrition (DHAA). Under this assumption, it intends to surpass the prevailing idea inside the social programs and policies favoring the utilitarian argument. It considers rather that a healthy food is also a duty of virtue, according to the Kantian duties to one-self. The liberation of transgenic seeds in Brazil comes up as an example of the violation of the right to food security and affects it negatively, resulting from the conflict between politics and moral faced by the Brazilian government. This paper concludes that DHAA realization requires not only a committed state, but also committed citizens and suggests that Kant’s philosophy should offer important contributions to supporting the practice of the professional nutritionist, awarding him the necessary information about this matter.

Ética da alimentação: porque devemos, segundo Kant, escolher uma alimentação adequada e saudável

This thesis proposes the adoption of a practical and philosophic approach to the discussion about what should be a healthy food, in view of the actual problems concerning this subject (from famine to obesity), which affect food and nutritional security and constitute target of many official policies. In order to handle this task, this work resorts to ethic, pedagogical and anthropological concepts inherent to Immanuel Kant’s philosophy, as valuable contributions to the practice of the professional nutritionist committed to the support and accomplishment of the human right to adequate nutrition (DHAA). Under this assumption, it intends to surpass the prevailing idea inside the social programs and policies favoring the utilitarian argument. It considers rather that a healthy food is also a duty of virtue, according to the Kantian duties to one-self. The liberation of transgenic seeds in Brazil comes up as an example of the violation of the right to food security and affects it negatively, resulting from the conflict between politics and moral faced by the Brazilian government. This paper concludes that DHAA realization requires not only a committed state, but also committed citizens and suggests that Kant’s philosophy should offer important contributions to supporting the practice of the professional nutritionist, awarding him the necessary information about this matter.

Escravo moderno em discurso: figuras de ação e ação em discurso nas representações do agir humano

This work has as object of study a social practice: modern slavery of workers in the sugar cane, and aims to present a reflection on maintenance, eradication or modification of this practice. This reflection bases itself upon the concepts of discourse advocated by Critical Discourse Analysis (Fairclough, 2001, 2003, 2006 and Chouliaraki; Fairclough, 1999) associated with Sociodiscursive Interactionism (Bronckart, 1999, 2006, 2008), and the concept of action figures, proposed by Bulea (2010). We follow the five steps outlined in Chouliaraki and Fairclough (1999): a) emphasis on a social problem, b) introduction and discussion of obstacles to tackle the problem, c) considerations concern the problem in practice d) identifying possible ways to past the obstacles, and e) reflection about the analyst role within the problem. In order to achieve step (b) in its discourse materiality axis, it has been identified the thematic content, discourse types, enunciative mechanisms and action figures of testimonials of sugar cane workers and other subjects involved with the problem in the documentaries Bagaço (2006, and Tabuleiro de Cana, Xadrez de Cativeiro (2006). These documentaries bring to the screen a little of sugar cane workers reality within an overexploitation, human rights disrespects and forced work. The analysis of textual/discursive aspects of testimonials has shown the ways in which the (de)construction of the representation of sugar cane action allows understanding of how the problem emerges and how it is rooted in the organization of social life. The general result of this reflection point to the internalization of social practices deep-rooted in evaluations of the sugar cane worker subjective world and from social world values, opinions and rules. The results also show that, in their discourse, workers assume their slavery sometimes consciously, sometimes unconsciously, but only suggest a reaction against the oppression imposed on them because they have internalized and naturalized their enslavement.

Escravo moderno em discurso: figuras de ação e ação em discurso nas representações do agir humano

This work has as object of study a social practice: modern slavery of workers in the sugar cane, and aims to present a reflection on maintenance, eradication or modification of this practice. This reflection bases itself upon the concepts of discourse advocated by Critical Discourse Analysis (Fairclough, 2001, 2003, 2006 and Chouliaraki; Fairclough, 1999) associated with Sociodiscursive Interactionism (Bronckart, 1999, 2006, 2008), and the concept of action figures, proposed by Bulea (2010). We follow the five steps outlined in Chouliaraki and Fairclough (1999): a) emphasis on a social problem, b) introduction and discussion of obstacles to tackle the problem, c) considerations concern the problem in practice d) identifying possible ways to past the obstacles, and e) reflection about the analyst role within the problem. In order to achieve step (b) in its discourse materiality axis, it has been identified the thematic content, discourse types, enunciative mechanisms and action figures of testimonials of sugar cane workers and other subjects involved with the problem in the documentaries Bagaço (2006, and Tabuleiro de Cana, Xadrez de Cativeiro (2006). These documentaries bring to the screen a little of sugar cane workers reality within an overexploitation, human rights disrespects and forced work. The analysis of textual/discursive aspects of testimonials has shown the ways in which the (de)construction of the representation of sugar cane action allows understanding of how the problem emerges and how it is rooted in the organization of social life. The general result of this reflection point to the internalization of social practices deep-rooted in evaluations of the sugar cane worker subjective world and from social world values, opinions and rules. The results also show that, in their discourse, workers assume their slavery sometimes consciously, sometimes unconsciously, but only suggest a reaction against the oppression imposed on them because they have internalized and naturalized their enslavement.

O direito penal do inimigo na atualidade: Mutual Legal Assistance Treaty – MLAT, em matéria penal, celebrado entre a República Federativa do Brasil e os Estados Unidos da América bem como seus reflexos na jurisdição brasileira

In view of the climate of instability and deep social inequalities, it has been evident in the Brazilian reality, a new way to punish systematic already developed and consolidated in other countries, in which, among other things, the criminality is anticipated only by danger that the individual sports. It appears, therefore, that the theory developed by Günter Jakobs, nominated Criminal Law of the Enemy, became subtly inserted in the Brazilian reality as well as in international relations signed. In this sense, the Brazilian State, in order to carry out the international legal cooperation in the criminal field, signed a mutual assistance agreement with the government of the United States of America. Forward the conclusion of Mutual legal Assistance Treaty (MLAT), the signatory countries voiced a desire to cooperate in order to facilitate the implementation of tasks of the authorities responsible for law enforcement in both countries, comprising research, investigation, prosecution and prevention of crime, said internalized adjustment in the Brazilian legal system by means of Decree No. 3810 of 02 May 2001. Alongside these considerations, the present study aims to analyze the Criminal law of the Enemy today, seeking to find evidence of that theory in the MLAT, international legal cooperation instrument signed between the government of the Federative Republic of Brazil and the government of the United States of America. Moreover, it has the objective to describe its effects on the Brazilian jurisdiction, especially as concerns the relativity and the suppression of human rights. Once done the introit, analysis will be carried out in the first chapter, on the definition and main features of the theory of Criminal Enemy of the law, it is imperative to approach the humanistic aspect that preceded the theory as well as the dealings given to some controversial issues surrounding it, such as the anticipation of the enemy's punishment and the disproportionality of the penalties imposed. In the second chapter will present the conceptual assumptions, historical evolution and the positives aspects, as well as the barriers and the pursuit of effectiveness of international legal cooperation. In the chapter, bedroom effective analysis of specific modality of cooperation will be held, the Mutual legal Assistance Treaty - MLAT in criminal matters, signed between the Federative Republic of Brazil and the United States of America, in which the general aspects will be addressed and the MLAT reflections on the Brazilian jurisdiction, which includes analysis about the relativity or suppression of human rights, future trends and creating stricter laws, followed by the presentation of the seized conclusion on the subject, in which, among other approaches, will be voiced understanding about the unconstitutionality certain service requests that, from these, there is the bad use of the agreed instrument.

A Fraternidade como categoria política: princípio anunciado na educação brasileira

This dissertation has had the goal of understanding and discussing how the fraternity category is presented in the main Brazilian education laws after the promulgation of the 1988 Federal Constitution. The systematization of a theoretical base about the fraternity category in its relation with de Brazilian education regulatory landmarks has allowed the proposition of elements of this category. The process of building the theoretical references of this research was written from a historical recuperation of the French Revolution, taking into account the triad of its main principles, “liberty, equality, and fraternity”, as civic and political values. Likewise, the Haitian Revolution was considered because of the symbolic role this revolution played on the concretization of the triad through the slave and black people’s struggle whose aims were both participation in the colony’s power positions and in the abolishing of slavery. The modernity and post modernity issues, as well as the concepts of citizenship and human rights, are also took as theoretical references in order to identify characteristics and connections of each one of those themes and concepts with the fraternity as a political category. This analysis has allowed the elaboration and systematization of the fraternity category and its constitutive elements: the universality which is directly connected to the local and regional issues; the mondialization as a counter-argument to the globalization which is seen exclusively in its economic dimension; the participative democracy as alternative way to the representative democracy; the “alteridade” (a kind of altruism) due to its specific way to recognize the other one as someone pretty much like me; and the diversity which consider the multicultural perspective and the necessity of building unity. It was possible to identify that the first two elements of the triad, liberty and equality, were the most import ones over the so called modernity period when the triad was put in the second place or only in its religious dimension. The post modernity, in turn, has brought to light the fraternity due to its constitutive elements. It was also possible to highlight the citizenship as a modernity landmark and the human rights as an idea marked by the fraternity and directly linked with the post modernity. From this theoretical frame it was made an analysis of the legal instruments that organize and regulate the Brazilian education: the 1998 Federal Constitution; the Statute for Children and Adolescents; the National Brazilian Education Law; and the National Education Plan. All these legal instruments were discussed based on their relation with the fraternity as a political category and through the identification of its main constitutive elements. The methodological way was put into practice mainly through the qualitative dimension, especially the Bardin’s content analysis. The dissertation has permitted to emphasize that the fraternity as political category was not a forgotten principle in the Brazilian education legislation, but a principle not formally and textually declared yet.