Criminalização do porte de drogas para consumo pessoal: uma perspectiva jurídico-constitucional

This dissertation has the main objective to assess the legal and constitutional legitimacy of the legislative state act that criminalizes the conduct of carrying drugs for own consumption - in the case of Brazil, art. 28 of the Federal Law n.º 11.343 of August 23rd, 2006. Therefore, it is done, initially, a contextualization, pointing the main regulatory frameworks, internal and external, of what is conventionally called prohibition in the matter of drugs, as well as the different species of liberalizing initiatives today on an upward trend in the international scenario. Then analyzes the state intervention in question in the light of references of human dignity, freedom and privacy, emphasizing, in the point, among other contributions, the various precedents of foreign constitutional jurisdiction over the theme. Immediately thereafter, confronts the policy in screen with what is perhaps, these days, the main control mechanism of the restrictive measures of fundamental rights, namely the proportionality test, here represented by classical elements of appropriateness, necessity and proportionality in the strict sense. After that, it examines the criminalization on the agenda before the parameter of equality and the general interests of health and public safety. Based on theory and empirical enrolled in the development, it is concluded, finally, the unconstitutionality of the option of the ordinary legislature to impose criminal penalties on users - problematic or not - of substances or products capable of causing physical or psychological dependence.

Aborto: um fenômeno sem lugar – uma experiência de plantão psicológico a mulheres em situação de abortamento

The present paper discusses the experience of a psychological emergency attendance in Maternidade Escola Januário Cicco (MEJC) in Natal and has as main objective to investigate the limits and possibilities of this practice in offering psychological care to women in abortion situation. The Ministry of Health considers the abortion a serious medical problem in Brazil and acknowledge the repercussions it causes in personal life and between the women’s family, most of all among the younger ones, in fully productive and reproductive age, that if not supported may suffer deep psychological and physical wounds. This research inserts itself in the field of psychological practices in institutions, by many ways, and aim to offer, by different approaches, among then the psychological emergency attendance, a psychological attention at the institutions. This attention refers to a care during the suffering at the time of crisis and in the many ways that the problem is present. The results were analyzed at a heideggerian hermeneutics optics, which search a determined aspect of reality that intends to know/understand, accompanied by the man’s own movement in existence. The cartography and the logbook were chosen in narrative form as a resource to allow the approximation of daily experience. The emergency psychological attendance was realized on curettage setor of MEJC between march of 2013 and february 2014 at tuesdays and Thursdays from 9h to 12h. The existential plot unveiled at this experience showed some possibilities and limits of emergency psychological attendance as studied. Among the possibilities, the emergency attendance helped the women that suffered an abortion to find new meanings, as: realize the need to self-care; see in the attendance a way to cope with the lost or other issues in their life’s; to enlarge the possibilities of her choice; to rethink her sex e reproductive life, and rethink her relationships and life projects. The attendance has proven itself as a health care mechanism showing the women the need to search for the necessary condition to self-care and to question what in that environment was saw as natural. The attendance showed itself as a suitable practice to the health care demand by creating/inventing ways of meet the woman needs. The attendance promoted an opening at the technical horizons of women’s, what was realized when the complaints moved past the physical health. As refered to the limits, some needs was beyond the emergency attendance service and demanded forwarding to regular psychological care or others specialized services. The service was not able to attend all of the demands of the sector. The attendance did not touched the medical staff to its need or made a change in posture to act beyond the technicality. The attendance, although has not made change in this context, was able to show the main difficulties, like the lack on prepare of the medical staff to deal with the abortion past beyond the technical procedure and the precariousness of the infrastructure of the services offered. At last, the attendance represented a shelter to the women in abortion situation, allowing the suffering to have a place.

Vagabundos e criminosos: o trabalho como mecanismo de poder e índice de criminalização no discurso jurídico-penal de reinserção social dos apenados

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

A emergência das minorias étnicas no Brasil : agendamento das políticas públicas para comunidades quilombolas

Dissertação (mestrado)—Universidade de Brasília, Instituto de Ciência Política, Programa de Pós-Graduação em Ciência Política, 2014.

Homogeneidade e heterogeneidade nos sistemas educacionais: Argentina, Brasil, Chile e México

This study focus on the reconfiguration of educational management in Argentina, Brazil, Chile and Mexico, which was promoted by the new logic of social regulation and the new role attributed to the State, considering each country's own historicity. So, the cultural factors that interfere on the dynamics of the 90' school reform are analyzed. Aspects that show the homogeneity or heterogeneity of these reforms in the region, as well as local specificities that block out the concretization of the reform are underlined. It is shown that the historicity that characterizes the educational reform has taken, in each country, a form that can be called, in Mexico, conservative rupture; in Chile, conservative continuity; in Brazil, conservative renovation; and, in Argentina, interrupted rupture. Some conclusions about the impact of educational reform in the selected countries are recuperated through the analysis of 186 academic texts on the subject.