Resolução do conflito previdenciário e direitos fundamentais

A presente tese de Doutorado visa examinar a adequada resolução do conflito previdenciário. Não se destina a procurar mecanismos para a diminuição do acervo judiciário relativo a ações judiciais que tratam de matéria previdenciária. O objetivo é soluções para esse conflito, judiciais ou não, consensuais ou não, que sejam compatíveis com a posição de direitos fundamentais desses direitos. Leva-se em conta a profunda assimetria entre as partes em confronto, os cidadãos face o Instituto Nacional do Seguro Social. O conflito previdenciário se desdobra entre a pretensão de cumprimento dos direitos já previstos na legislação previdenciária e o questionamento acerca da validade das normas previdenciárias, com a exigência de que outras sejam postas no lugar. Em um cenário de crise do sistema judicial (numérica e de efetividade), busca-se o aprimoramento deste quadro além de outros mecanismos (administrativos) que possam propiciar o tratamento desse tipo de conflito em pleno acordo com os direitos fundamentais. Porém, o papel do sistema judicial, ainda que subsidiário, permanece preservado como garantidor de direitos. Propugna-se uma renovação do modo de funcionamento do processo administrativo previdenciário, autorizando quadros mais qualificados e legitimados da gestão da Previdência Social a criação de novos direitos em atenção às diversas expectativas sociais nesta matéria. Sugere-se que a conciliação judicial deve respeitar certos parâmetros condizentes com a posição fragilizada do segurado e que não seja imposta como filtro obrigatório ao ajuizamento da ação judicial.

Women Leaders Resolving Conflict in Higher Education: A Feminist Epistemological Perspective

In an American postsecondary context, conflict is inherent (Gianneschi & Yanagiura, 2006; Valian, 1999). Successful navigation of conflict in the academy is vital for those who aspire to leadership positions (Nadler & Nadler, 1987; Walters, Stuhlmacher, & Meyer, 1998). Presently, however, women face significant barriers to achieving success in higher education administration, including gender expectations for conflict resolution behavior (Bartunek, 1992; Bowles, Babcock, & McGinn, 2005; Gayle, Preiss, & Allen, 2002). While a considerable body of literature exists for understanding gender negotiation, it remains rooted in a masculine paradigm (Kolb & Putnam, 2006; Shuter & Turner, 1997), and, as such, established theories lack a feminist epistemological perspective. Consequently, my primary research question is, How do women leaders experience and perceive conflict in the higher education work environment? I conduct a qualitative study that examines workplace conflict experiences of 15 women leaders from diverse personal and professional backgrounds. Hartsock's (1983) three-tiered gender-sensitive analysis of power, updated to include multicultural perspectives, serves as my theoretical framework. It is a lens through which I evaluate theories, finding multicultural organizational, higher education conflict, and gender negotiation theories most applicable to this study. The framework also creates the foundation upon which I build my study. Specifically, I determine that a feminist research method is most relevant to this investigation. To analyze data obtained through in depth interviews, I employ a highly structured form of grounded theory called dimensional analysis. Based on my findings, I co-construct with study participants a Feminist Conflict Process Theory and Flowchart in which initially the nature of the relationship, and subsequently the level of risk to the relationship, institution, or self, is evaluated. This study supports that which is observed in the conflict resolution practitioner literature, but is unique in its observation of factors that influence decisions within a dynamic conflict resolution process. My findings are significant to women who aspire to serve in leadership positions in higher education, as well as to the academy as a whole, for it expands our knowledge of women's ontological and epistemological perspectives on resolving conflict in postsecondary education.

Invisible Suffering: Practitioner Reflections on Peacebuilding Programs with Youth Exposed to Traumatic Stressors in Intergroup Conflict

For decades, the international community has recognized that youth are some of the most vulnerable to mental and emotional distress within the intractable and cyclical nature of identity-based violent conflict. Exposure to traumatic stressors within these intergroup conflicts poses unique risks not only to the neurological and social development of youth, but also to the capacities of youth to fully participate in peacebuilding interventions. The peacebuilding field has yet to strongly consider how traumatic stress affects dynamics within programs for youth and how these programs may need to modify expectations of youth’s cognitive, social, and emotional functioning to account for the traumatic dimensions of political and social violence. Through a qualitative analysis of practitioner reflections gathered from an online survey distributed worldwide, this study explores how practitioners conceptualize and approach issues of traumatic stress in peacebuilding programs focused on youth in conflict-affected contexts. The objective is to identify the working assumptions undergirding practitioner conceptualizations and approaches to traumatic stress and gaps in trauma interventions in peacebuilding programs for youth. The implications of these findings will support efforts to enhance trauma-sensitive peacebuilding practice by revisiting and reconsidering preexisting norms.

The EU’s Sanctions against Syria: Conflict Management by Other Means. Security Policy Brief No. 38

Since May 2011, the EU has launched one of its most far reaching and sophisticated sanctions operations in support of the protests against the current regime in Syria. The present brief examines the measures wielded by the EU, its expected impact and its implications for the EU’s relations with its global partners. While seriously undermined by the lack of support of Russia, the sanctions are having a noticeable economic impact. Yet, the choice of measures is ill-suited to stop the bloodshed. The sanctions have also served to (re)define partnerships with other powers, both in the Middle-East and globally.

Ukraine: Can meaningful reform come out of conflict? Bruegel Policy Contribution 2014/08, August 2014

Apart from threats to its national security and territorial integrity, Ukraine faces serious economic challenges. These result from the slow pace of economic and institutional reform in the previous two decades, the populist policies of the Yanukovych era and the consequences of the conflict with Russia. The new Ukrainian authorities have made pro-reform declarations, but these do not seem to be supported sufficiently by concrete policy measures, especially in the critical areas of fiscal, balance-of-payment and structural adjustment. Also, the international financial aid package granted to Ukraine has not been accompanied by sufficiently strong policy conditionality. Ukraine urgently needs a complex programme of far-reaching economic and institutional reform, which will include both short-term fiscal and macroeconomic adjustment measures and medium- to long-term structural and institutional changes. Energy subsidies and the low retirement age are the two critical policy areas that require adjustment to avoid sovereign default and a balance-of-payments crisis.

The EU cannot remain a passive observer of the Karabakh conflict. EPC Commentary, 7 April 2016

When Federica Mogherini visited the South Caucasus in March, she was quoted as saying that the Nagorno-Karabakh conflict was a top priority for the EU. Facts, however, do not seem to match the words of the EU High Representative for Foreign Affairs and Security Policy. As violent clashes in the conflict zone unfolded over the past week, the EU was a passive observer, with few visible signs of engagement apart from a cursory phone call urging Armenia and Azerbaijan to show restraint. The escalation has shown how quickly and dangerously the situation can develop, and the unassailable nature of the Line of Contact (LoC). If the diplomatic efforts to resolve the conflict show no progress, a repetition is very probable. Furthermore, it is likely the next incident will be more devastating in human and material costs than this recent one, and may not be contained so quickly. The EU needs to be part of the renewed diplomatic effort.

Social capital society and peace: Reflections on conflict transformation in the Philippines

Civil society is recognised as comprising complex and multifaceted entities, resilient to and yet responsive to both the state apparatus and global market processes. Civil society in the Philippines, long regarded as one of the most vibrant, diverse and innovative in Asia, has emerged as a significant actor in the field of conflict resolution and peace-building. In thinking about the work of peace, this paper engages with the effectiveness of civil society in mobilising societal awareness for a ‘just and lasting peace’ in the southern Philippines. Shaped by development paradigms that privilege concepts such as social capital, the paper aims to interrogate how such concepts situated within the development–security nexus proposed by the Philippine government and funding agencies have influenced conflict-transformation initiatives in Mindanao, Philippines.

Scalable location management for context-aware systems

Location information is commonly used in context-aware applications and pervasive systems. These applications and systems may require knowledge, of the location of users, devices and services. This paper presents a location management system able to gather, process and manage location information from a variety of physical and virtual location sensors. The system scales to the complexity of context-aware applications, to a variety of types and large number of location sensors and clients, and to geographical size of the system. The proposed location management system provides conflict resolution of location information and mechanisms to ensure privacy.

Managing conflict in user-oriented development environments: Effects on information systems success

Today, many organizations are turning to new approaches to building and maintaining information systems (I/S) to cope with a highly competitive business environment. Current anecdotal evidence indicates that the approaches being used improve the effectiveness of software development by encouraging active user participation throughout the development process. Unfortunately, very little is known about how the use of such approaches enhances the ability of team members to develop I/S that are responsive to changing business conditions.^ Drawing from predominant theories of organizational conflict, this study develops and tests a model of conflict among members of a development team. The model proposes that development approaches provide the relevant context conditioning the management and resolution of conflict in software development which, in turn, are crucial for the success of the development process.^ Empirical testing of the model was conducted using data collected through a combination of interviews with I/S executives and surveys of team members and business users at nine organizations. Results of path analysis provide support for the model's main prediction that integrative conflict management and distributive conflict management can contribute to I/S success by influencing differently the manifestation and resolution of conflict in software development. Further, analyses of variance indicate that object-oriented development, when compared to rapid and structured development, appears to produce the lowest levels of conflict management, conflict resolution, and I/S success.^ The proposed model and findings suggest academic implications for understanding the effects of different conflict management behaviors on software development outcomes, and practical implications for better managing the software development process, especially in user-oriented development environments. ^

Evaluating the effects of initial participation in the group therapy process

Although the effectiveness of group therapy has been highlighted, the underlying mechanisms involved in the group process have been under studied. The purpose of this study is twofold. First, the current study utilized an outcome mediation model to examine whether initial level of participation in the intervention (Control/No intervention, non-participatory, participatory) predicted change in Identity Conflict Resolution (IDCR), Personal Expressiveness (PE) and Informational Identity Style (INFO) at posttest, and Internalizing (INT) and Externalizing (EXT) behaviors at post and follow-up assessment. Secondly, the current study examined whether relationships between variables varied as a result of group differences in initial participation. The study utilized an archival sample of 234 high school students, ages 14 to 18, who participated in the Changing Lives Program of the Youth Development Project (YDP) since 2003. Structural equation modeling (SEM) was used to examine differences in direct effects as a result of initial participation on an outcome meditational model. To further analyze this model, SEM was utilized to conduct a multi-group solution to examine whether group differences based on level of initial participation in the variables^

Restorative Justice and Political Forgiveness: A Comparative Study of Truth and Reconciliation Commissions

This research project involves a comparative, cross-national study of truth and reconciliation commissions (TRCs) in countries around the world that have used these extra-judicial institutions to pursue justice and promote national reconciliation during periods of democratic transition or following a civil conflict marked by intense violence and severe human rights abuses. An important objective of truth and reconciliation commissions involves instituting measures to address serious human rights abuses that have occurred as a result of discrimination, ethnocentrism and racism. In recent years, rather than solely utilizing traditional methods of conflict resolution and criminal prosecution, transitional governments have established truth and reconciliation commissions as part of efforts to foster psychological, social and political healing.

The primary objective of this research project is to determine why there has been a proliferation of truth and reconciliation commissions around the world in recent decades, and assess whether the perceived effectiveness of these commissions is real and substantial. In this work, using a multi-method approach that involves quantitative and qualitative analysis, I consider the institutional design and structural composition of truth and reconciliation commissions, as well as the roles that these commissions play in the democratic transformation of nations with a history of civil conflict and human rights violations.

In addition to a focus on institutional design of truth and reconciliation commissions, I use a group identity framework that is grounded in social identity theory to examine the historical background and sociopolitical context in which truth commissions have been adopted in countries around the world. This group identity framework serves as an invaluable lens through which questions related to truth and reconciliation commissions and other transitional justice mechanisms can be explored. I also present a unique theoretical framework, the reconciliatory democratization paradigm, that is especially useful for examining the complex interactions between the various political elements that directly affect the processes of democratic consolidation and reconciliation in countries in which truth and reconciliation commissions have been established. Finally, I tackle the question of whether successor regimes that institute truth and reconciliation commissions can effectively address the human rights violations that occurred in the past, and prevent the recurrence of these abuses.

Institutional resistances before school mediation. An inquiry in the conflict settings

This paper deals with the conceptions of the different school actors about the meaning and the implications of mediation in their schools, drawing on data from a qualitative approach carried out as part of a wider project to map mediation perspectives and practices in Catalonia. The authors analyze the scope of the situations regarded as suitable or unsuitable for the introduction of restorative practices, as well as the resistance to change in the practice of conflict resolutions and in the democratization of school culture.

Balancing Belligerents or Feeding the Beast: Transforming Conflict Traps

Since the end of the Cold War, recurring civil conflicts have been the dominant form of violent armed conflict in the world, accounting for 70% of conflicts active between 2000-2013. Duration and intensity of episodes within recurring conflicts in Africa exhibit four behaviors characteristic of archetypal dynamic system structures. The overarching questions asked in this study are whether these patterns are robustly correlated with fundamental concepts of resiliency in dynamic systems that scale from micro-to macro levels; are they consistent with theoretical risk factors and causal mechanisms; and what are the policy implications. Econometric analysis and dynamic systems modeling of 36 conflicts in Africa between 1989 -2014 are combined with process tracing in a case study of Somalia to evaluate correlations between state characteristics, peace operations and foreign aid on the likelihood of observed conflict patterns, test hypothesized causal mechanisms across scales, and develop policy recommendations for increasing human security while decreasing resiliency of belligerents. Findings are that observed conflict patterns scale from micro to macro levels; are strongly correlated with state characteristics that proxy a mix of cooperative (e.g., gender equality) and coercive (e.g., security forces) conflict-balancing mechanisms; and are weakly correlated with UN and regional peace operations and humanitarian aid. Interactions between peace operations and aid interventions that effect conflict persistence at micro levels are not seen in macro level analysis, due to interdependent, micro-level feedback mechanisms, sequencing, and lagged effects. This study finds that the dynamic system structures associated with observed conflict patterns contain tipping points between balancing mechanisms at the interface of micro-macro level interactions that are determined as much by factors related to how intervention policies are designed and implemented, as what they are. Policy implications are that reducing risk of conflict persistence requires that peace operations and aid interventions (1) simultaneously increase transparency, promote inclusivity (with emphasis on gender equality), and empower local civilian involvement in accountability measures at the local levels; (2) build bridges to horizontally and vertically integrate across levels; and (3) pave pathways towards conflict transformation mechanisms and justice that scale from the individual, to community, regional, and national levels.

Turning conflict into coexistence: cross-cutting ties and institutions in the agro-pastoral borderlands of Lake Naivasha basin, Kenya

The Maasai/Kikuyu agro-pastoral borderlands of Maiella and Enoosupukia, located in the hinterlands of Lake Naivasha’s agro-industrial hub, are particularly notorious in the history of ethnicised violence in the Kenya’s Rift Valley. In October 1993, an organised assault perpetrated by hundreds of Maasai vigilantes, with the assistance of game wardens and administration police, killed more than 20 farmers of Kikuyu descent. Consequently, thousands of migrant farmers were violently evicted from Enoosupukia at the instigation of leading local politicians. Nowadays, however, intercommunity relations are surprisingly peaceful and the cooperative use of natural resources is the rule rather than the exception. There seems to be a form of reorganization. Violence seems to be contained and the local economy has since recovered. This does not mean that there is no conflict, but people seem to have the facility to solve them peacefully. How did formerly violent conflicts develop into peaceful relations? How did competition turn into cooperation, facilitating changing land use? This dissertation explores the value of cross-cutting ties and local institutions in peaceful relationships and the non-violent resolution of conflicts across previously violently contested community boundaries. It mainly relies on ethnographic data collected between 2014 and 2015. The discussion therefore builds on several theoretical approaches in anthropology and the social sciences – that is, violent conflicts, cross-cutting ties and conflicting loyalties, joking relationships, peace and nonviolence, and institutions, in order to understand shared spaces that are experiencing fairly rapid social and economic changes, and characterised by conflict and coexistence. In the researched communities, cross-cutting ties and the split allegiances associated with them result from intermarriages, land transactions, trade, and friendship. By institutions, I refer to local peace committees, an attempt to standardise an aspect of customary law, and Nyumba Kumi, a strategy of anchoring community policing at the household level. In 2010, the state “implanted” these grassroots-level institutions and conferred on them the rights to handle specific conflicts and to prevent crime. I argue that the studied groups utilise diverse networks of relationships as adaptive responses to landlessness, poverty, and socio-political dynamics at the local level. Material and non-material exchanges and transfers accompany these social and economic ties and networks. In addition to being instrumental in nurturing a cohesive social fabric, I argue that such alliances could be thought of as strategies of appropriation of resources in the frontiers – areas that are considered to have immense agricultural potential and to be conducive to economic enterprise. Consequently, these areas are continuously changed and shaped through immigration, population growth, and agricultural intensification. However, cross-cutting ties and intergroup alliances may not necessarily prevent the occurrence or escalation of conflicts. Nevertheless, disputes and conflicts, which form part of the social order in the studied area, create the opportunities for locally contextualised systems of peace and non-violence that inculcate the values of cooperation, coexistence, and restraint from violence. Although the neo-traditional institutions (local peace committees and Nyumba Kumi) face massive complexities and lack the capacity to handle serious conflicts, their application of informal constraints in dispute resolution provides room for some optimism. Notably, the formation of ties and alliances between the studied groups, and the use of local norms and values to resolve disputes, are not new phenomena – they are reminiscent of historical patterns. Their persistence, particularly in the context of Kenya, indicates a form of historical continuity, which remains rather “undisturbed” despite the prevalence of ethnicised political economies. Indeed, the formation of alliances, which are driven by mutual pursuit of commodities (livestock, rental land, and agricultural produce), markets, and diversification, tends to override other identities. While the major thrust of social science literature in East Africa has focused on the search for root causes of violence, very little has been said about the conditions and practices of cooperation and non-violent conflict resolution. In addition, situations where prior violence turned into peaceful interaction have attracted little attention, though the analysis of such transitional phases holds the promise of contributing to applicable knowledge on conflict resolution. This study is part of a larger multidisciplinary project, “Resilience in East African Landscapes” (REAL), which is a Marie Curie Actions Innovative Training Networks (ITN) project. The principal focus of this multidisciplinary project is to study past, present, and future thresholds and sustainable trajectories in human-landscape interactions in East Africa over the last millennia. While other individual projects focus on long-term ecosystem dynamics and societal interactions, my project examines human-landscape interactions in the present and the very recent past (i.e. the period in which events and processes were witnessed or can still be recalled by today’s population). The transition from conflict to coexistence and from competition to cooperative use of previously violently contested land resources is understood here as enhancing adaptation in the face of social-political, economic, environmental, and climatic changes. This dissertation is therefore a contribution to new modes of resilience in human-landscape interactions after a collapse situation.

Alcances y límites del principio de la responsabilidad de proteger: actuación del consejo de seguridad frente al conflicto en libia en el 2011 y Siria durante el periodo 2011-2014.

El propósito de este estudio de caso es determinar los alcances y límites de la Responsabilidad de Proteger, tomando como ejemplo la actuación del Consejo de Seguridad de Naciones Unidas ante el conflicto en Libia y Siria. Para esto es necesario analizar fuentes primarias documentos oficiales y secundarias como artículos académicos, para así comprobar que la evolución del concepto de soberanía ha permitido que se legitimen las intervenciones con fines humanitarios, ya que todos los Estados tienen la responsabilidad de garantizar la protección de los derechos humanos de sus ciudadanos, de lo contrario, la comunidad internacional debe tomar medidas para evitar o detener los crímenes masivos.