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Item Acordo de não persecução penal: uma análise empírica do avanço da justiça penal negociada na cidade de Goiás, no período de 2021 a 2023(Universidade Federal de Goiás, 2023-08-22) Pires Filho, Marcelo Gonçalves; Ferreira, Allan Hahnemann; Ferreira, Allan Hahnemann; Andery, Fernanda Rezek; Oliveira, Roberta Caiado de CastroThis monograph aims to present and discuss about the Criminal Non Prosecution Agreement, a device in favor of negotiated criminal justice that was introduced in the national legal system through Law Nº. 13.964/2019, which deals with legal measures that change the Criminal Legislation and Criminal Procedure. Based on clarifications about the ANPP through bibliographical research, the work will be conducted for an empirical analysis of the Criminal Non-Prosecution Agreements signed in the district of Cidade de Goiás, observing what were the impacts, requirements and sanctions listed by them, thus aiming , identify whether the application of the device has been effective and fulfilled for the purpose that was created, which is the decriminalizing measure that seeks speed and integrity, thus unburdening the judicial machine.Item Anormalidade e degeneração: o papel da imprensa goiana na estigmatização da embriaguez e seus reflexos no direito contemporâneo - 1865 a 1945(Universidade Federal de Goiás, 2022-04-14) Vidal, Pedro Henrique Gomes; Ferreira, Allan Hahnemann; Ferreira, Allan Hahnemann; Andery, Fernanda Rezek; Martins, Carla BenitezThe present research uses the concepts of degeneration and abnormality from Benedict Morel, and stigmatization from Goffman. It aims to explain how the Goiás press acted in the stigmatization of the drunk in the State of Goiás, from a historical perspective of race, gender, work, culture and corporeality, in line with the Historical Theory of Social Classification, of Anibal Quijano, and the reflections of this construction today. The first chapter, through bibliographic sources, gives a brief explanation of how society viewed drunkenness until the period studied. Its first part aims to explain the history of drunkenness in Europe until the formation of bourgeois asceticism, while the second part makes a study more directed to Portugal and Brazil. The second chapter, in turn, analyzes the specificities of degeneration and the construction of the abnormality of the drunk in the State of Goiás, between 1860 and 1945 through a dialectical comparison between a bibliographic study about this formation in Brazil and a critical discourse analysis, based on the Ginzburg methodology, of the Goiás newspapers found in the Hemeroteca Digital Brasileira da Biblioteca Nacional Digital do Brasil (Brazilian Digital Newspaper of the Biblioteca Nacional Digital do Brasil) that deal with drunkenness. Finally, the third chapter deals, sparingly with a research of bibliographic and jurisprudential sources, about the constitutionality of two criminalizing institutes that are legacies of the stigmatization of the drunk studied in the previous chapters. These institutes are the actio libera in causa’s theory and article 62 of Decree Law nº 3.688/1941.Item De "distorcidinha" à letra morta: é proibido cumprir a lei? O esvaziamento do art. 316, parágrafo único, do Código de Processo Penal pelo TJGO - análise do período de 23/01/2021 a 23/01/2022(Universidade Federal de Goiás, 2022-04-14) Bernardino, Nathália Lemes Toledo; Ferreira, Allan Hahnemann; Ferreira, Allan Hahnemann; Andery, Fernanda Rezek; Diehl, Diego AugustoIn chapter 01 of this work, an empirical research was carried out on the judgments rendered before the judgment of appeals that contained as a thesis raised the lack of review of pretrial detention within ninety days, as provided for in art. 316, sole paragraph of the Criminal Procedure Code, by the TJGO in the period from 01/23/2021 to 01/23/2022. In chapter 02, the institution of the precautionary measure in Brazil was addressed, giving greater emphasis to the institute of preventive detention in the Brazilian legal system and its confrontation in the face of updated data on the Brazilian and Goiás prison population. Finally, in the third and last chapter, Judicial Activism in Brazil was addressed, as well as its confrontation with Criminal Guarantees, taking into account Penal Populism and the legitimation of stigmatization and imprisonment.Item A delinquência e o encarceramento feminino: a dupla subalternização de um gênero(Universidade Federal de Goiás, 2021-11-05) Oliveira, Arthur Damaceno de; Santos, Welson Barbosa; Santos, Welson Barbosa; Andery, Fernanda Rezek; Motta, Maria Carolina CarvalhoThe present work aims to build, at first, a historical sketch, having Michel Foucault's arche-geanology as a reference, in the field of how criminology has understood female delinquency over time, the discourses that involved it and what is the influence of this construction history in relation to the female body in the process. In this sense, it is fundamentally emphasized the analysis of how the process of domination over the female subject promotes the causes of delinquency and leads them to the level of maximum vulnerability, which is the incarceration situation, as well as the woman who reproduces it. behavior in the prison environment in relation to other inmates. In this sense, we sought to contribute to the deconstruction of much of what still persists in this field. Still, as an analytical proposal for the study of the phenomenon of delinquency and female incarceration, we start from a post-structuralist perspective, approaching concepts such as domination, control, symbolic violence, Power, power relations, resistance, objectification, subjectivation, docilization of bodies, among others. Finally, using discourse analysis as a tool, the narratives of a former prisoner add to what has already been discussed in the theoretical field. Thus, from the participant's speech clippings, some analyzes were possible, such as: the strength of discourse, power, objectification, subjectivation and toxic masculinity that acts on the female identity and molds her as a subject.Item Direito ao aborto: barreiras da legalização e legitimação do procedimento no Brasil(Universidade Federal de Goiás, 2023-02-17) Paula, Lisa Alencar de; Motta, Maria Carolina Carvalho; Motta, Maria Carolina Carvalho; Andery, Fernanda Rezek; Ornelas, Sofia Alves ValleThis research aims to analyze the emblems that abortion faces, such as conservatism and subjectivity that always oppose state secularism. Allied to this, patriarchy commonly stands out in relation to feminist struggles. Furthermore, despite the achievements in the sense of legality, society in most cases does not legitimize them. Thus, despite the legal permissiveness in exceptions such as rape or risk to the woman's life, even so, State agents and health professionals can delegitimize them, an analysis on the issue of women's reproductive rights, their obstacles, understanding the construction history that influenced the prohibitive scenario on this issue. Although the theme should be treated as a public health problem and the focus should be on the woman's autonomy over her own body, it is seen that even the legal provisions that allow abortion in practice often end up being neglected, the professionals themselves health and justice agents not complying with it, demonstrates that legality alone does not guarantee the right to abortion. In this research, it is analyzed that the prohibition does not curb the practice, on the contrary, there is no space for the formation of effective public policies on the subject.Item A elaboração do TCO (Termo Circunstanciado de Ocorrência) pela polícia militar: avanços do policiamento ostensivo goiano e reflexos de atuação na Cidade de Goiás em 2019(Universidade Federal de Goiás, 2020-12-14) Silva Filho, Josimar Félix da; Ferreira, Allan Hahnemann; Andery, Fernanda Rezek; Ferreira, Allan Hahnemann; Siqueira, José do Carmo Alves: The present study is an attempt to analyze the context in which the Circumstantiated Term of Occurrence (TCO) is inserted in the Military Policies of the Brazilian States, focusing on the Municipality of Goiás, State of Goiás, as well as its mirror on the Current Procedural Legislation. For that, it was necessary to study Law 9,099 of 1995, in the parameters of the preparation of the TCO by the Ostensive Police, in order to allow greater speed and objectivity in its preparation and referral to the Special Criminal Courts, where misdemeanors and crimes of less offensive potential will go through hearing. The objective is to bring obedience to the principle of speed in making these Terms, which can be prepared at the time and place of the occurrence by the Military Police.Item Execução da pena de multa à luz do pacote anticrime: legitimidade para executar a pena de multa decorrente de condenação (sanção penal) com base na lei 13.964/2019(Universidade Federal de Goiás, 2021-10-28) Andrade, Elzo José da Silva; Dutra, Renata Botelho; Dutra, Renata Botelho; Andery, Fernanda Rezek; Arruda, Lorena Torres deThe scope of the work is to analyze the legitimacy for the execution of the fine resulting from a final and unappealable sentence after the enactment of Law No. 13.964/2019. It addresses issues related to its legal nature and its execution, as well as its adequacy to the Federal Constitution in force and the possible consequences to be observed in the life of the convict after the amendment. Thus, it brings its concept and history because it is fundamental to understand the origin of this important penalty, as well as the jurisprudential and doctrinal understandings on the subject were developed. There were many jurisprudential and doctrinal discussions about the legitimate party that should propose the enforcement action of the fine penalty and its competent court. The controversy deserves further discussion due to the recent decision of the STF that recognized the priority legitimacy of the Public Ministry to promote the execution of the fine penalty and established the subsidiary attribution of the Penal Execution Court. The results indicate that the Anti-Crime Package consolidates the understanding that the fine has not lost its nature as a criminal sanction as it is considered a debt of value, so its jurisdiction lies with the Criminal Execution Court and the holder of the action is the Public Prosecutor's Office. , also, regarding the enforcement process, there is disagreement about whether this competence is exclusive or priority. It concludes that, with the understanding of ADI 3150/DF, the subsidiarity of the Public Treasury to enforce the criminal fine still remains, even if at the present time there is still disagreement between the courts and the doctrine on the subject.Item O garantismo penal espelhado na análise da prova ilícita em benefício ao réu e a evolução da função da pena em desfavor do condenado sob a ótica do livro Vigiar e punir de Michel Foulcault(Universidade Federal de Goiás, 2020-12-11) Rodrigues, João Antônio de Carvalho; Andery, Fernanda Rezek; Andery, Fernanda Rezek; Arbués, Margareth Pereira; Ferreira, Allan HahnemannThe current study aims to analyze the valuation of illicit evidence in criminal proceedings, when used in a way that benefits the defendant, respecting both the constitutional principles of wide-ranging defense and the adversary, as well as the principles of proportionality and reasonableness. The present work seeks to list the position of the Brazilian Egregious Courts regarding the use of illicit evidence in favor of the defendant, as well as showing, from the perspective of the work “Vigiar e Punir”, by the philosopher Michael Foucault that the penalty imposed on the accused in the penal process, in its form of compliance, it does not have a resocializing character, but distorting, showing that the penalty itself “evolved”, when the form of compliance, but is still retrograde, as to its function and form with the which is performed to the disadvantage of the person who contemplates it. Thus, with the paradox between the use of illicit evidence for the benefit of the defendant and the analysis of the work of Michael Foucault, it is demonstrated that such a mechanism must be accepted in the criminal process as a way of expanding the defense techniques and the analysis of the evidence accusations in favor of the defendant, so that he does not fall into the spurious of criminal execution. Following the itinerant, there is the presence of penal guarantee attached to the analysis of the illicit evidence in favor of the defendant, then showing, in this study, the characteristics of this system and its gears for the better functioning of the application of the Criminal Law in Brazil. Finally, the objective of this paper is to discuss the main changes to be faced in the current socio-political context of Brazil, especially regarding changes in the penal system in the country, which are still dated to the last century and need urgent changes in the way of execution.Item Grupos reflexivos de gênero no contexto de violência doméstica e familiar: uma alternativa ao paradigma punitivista/retributivo do Sistema Penal brasileiro(Universidade Federal de Goiás, 2022-04-18) Marinho, Marina Coelho; Andery, Fernanda Rezek; Andery, Fernanda Rezek; Motta, Maria Carolina Carvalho; Ferreira, Allan HahnemannThe present work approaches the Gender Reflective Groups as an alternative to the punitive p esent in Restorative Justice, such as plasticity and complementarity. It is noteworthy that, despite embracing other principles of this methodological bias, such as the appreciation for the horizontality of relationships and the valorization of dialogue in the construction of conflict resolution, the Groups of Gender Reflection stand out by moving away from the reconciliatory parameter aimed at resuming the family unit, which takes place through direct confrontation between the parties in other modalities (mediation sessions, family constellations, coaching projects, strengthening hearings). In these, it is not considered how the power relations arising from gender roles, reinforced and endorsed by the institutionalization and socialization of patriarchal ideals, can affect this dynamic and, in this way, can result in re-victimization and in another form of violation of the right to full protection of the women: institutional violence. Furthermore, through the qualitative method and participant observation, recognizing the identification of the subject with the object, the objective was to study the institute Groups of Gender Reflection focused on the perpetrator of domestic violence, dissecting its theoretical and methodological basis, how the incidence occurs, what is the panorama of application of this model, both at the federal level and specifically in the group"Harmonia" in Aparecida de Goiânia - GO. In the end, it is exposed that there is no uniformity in the structuring of projects and there is still some resistance among the members of the Judiciary to focus on the multidisciplinary proposal of the Maria da Penha Law. Despite this, this method is not totally disposable and presents itself as an alternative to the punitive system, as it focuses on the accountability of the perpetrator of domestic violence beyond prison and family reconciliation with the decriminalization of treatment prior to Law 11.340/2006.aradigm of the Penal System, following the prerogatives that this proposal presents elements prior to Law 11.340/2006.Item Os homicídios registrados no ano de 2018 na cidade de Itaberaí/Go(Universidade Federal de Goiás, 2021-06-03) Rodrigues, Welber Alves; Moreira, Erika Macedo; Moreira, Erika Macedo; Andery, Fernanda Rezek; Araújo, Rárea Géssica Porto: Official statistics show that in 2018 Brazil registered a rate of 27.4 homicides for each group of 100 thousand in habitants, while the world rate, in the same year, was 8.8 deaths. This violence, which presents complex and multifaceted factors and which was present mainly in large cities, in recent years has migrated to the interior, reaching municipalities previously considered peaceful, as is the case of Itaberaí/GO, which recorded a rate of 108.6 deaths for 100 thousand in habitants, one of the highest in the world. The data collected pointed to a common profile of the victims, being men, aged between 15 and 29 years old, black, residents of peripheral regions and with criminal notes, in addition to worrying aspects about the public security policies adopted by the State, since 89% of the victims were executed with the use of firearms and 86.7% of the cases were not solved by the Civil Police, a factor that makes it impossible for the criminal justice to act, thus generating impunity. The present research was characterized for being exploratory, with collection of quantitative data through the analysis of the Police Investigations and Investigation Records of the Municipal Police regarding the deaths caused by intentional external aggressions in the year 2018, associated with a bibliographic search on these data, which led to the conclusion that the municipality of Itaberaí/GO, due to the high homicide rate, was one of the most violent cities in the world in 2018.Item O incêndio no Centro de Internação Provisória (CIP) em Goiânia - 2018: uma reflexão da precariedade do sistema de medidas socioeducativas no estado de Goiás sob a perspectiva da criminologia crítica(Universidade Federal de Goiás, 2021-11-05) Carmo, Késsia Brenda Felinto; Ferreira, Allan Hahnemann; Ferreira, Allan Hahnemann; Andery, Fernanda Rezek; Siqueira, José do Carmo AlvesThe degree of physical, intellectual and affective development, which makes adolescents a unique group, highlights the need for a study on the effectiveness of these individuals' rights, especially those in conflict with the law. The present work carries out a study that promotes a comparison between the norms and their actual implementation, bringing to light the precariousness of the socio-educational measures of detention. It states how the system is stigmatizing and selective, and the way in which the breaking of the social pact has been legitimized as a generator of suppression of fundamental rights, including that of life. For this purpose, the inductive-deductive method is used, in the qualitative modality, through bibliographic and documentary research and an empirical study of the Fire in the Interim Hospitalization Center of Goiânia, in 2018. It shows how the precariousness of hospitalization has reflected in irreversible circumstances, under the responsibility of the State.Item Mulher, carreira e estereótipos: análise sobre as delegadas da Polícia Civil do estado de Goiás(Universidade Federal de Goiás, 2023-08-14) Duarte, Ana Laura Correia; Motta, Maria Carolina Carvalho; Motta, Maria Carolina Carvalho; Arbués, Margareth Pereira; Andery, Fernanda RezekThis research seeks to study and understand, based on data from theoretical and empirical research, the difference in numbers between women and men in the career of a Civil Police xerifes in the state of Goiás, focusing on the discrepancy in admission and, consequently, in ascension of them in this position of power, through the theory known as the glass ceiling. For this, interviews and questionnaires were applied directly with PC GO xerifes (after prior approval by the Ethics Committee of the Federal University of Goiás), together with the analysis of data previously extracted from the website of the Secretariat of Public Security, the Civil Police and the Portal da Transparência do Estado de Goiás. Thus, the position is presented in context with the Brazilian judicial police and its leadership position, focusing on the general objective of analyzing inequality that deals with gender and the conceptions of historical sexism, domination and patriarchy, together with the sexual division of labor and its reflection in gender labor inequality. The analyzes made it possible to understand that there are no affirmative actions to reduce the imbalance of representation in terms of gender and that there are no effective measures to resolve the issue, but rather factors that increase and maintain the discourse that women are the weaker sex.Item ¿Plata o plomo?: o fracasso do proibicionismo e a glamourização da trajetória criminosa de Pablo Escobar(Universidade Federal de Goiás, 2021-06-11) Adorni, Lucas Souza Diniz; Ferreira, Allan Hahnemann; Ferreira, Allan Hahnemann; Andery, Fernanda Rezek; Dutra, Renata BotelhoIt is not recent that criminal organizations have drawn attention not only to the state, which is concerned with trying to combat illegal practices and maintain social peace, but also to the society which, many of the times, ends up seeing criminal organizations not as individuals offenders, but rather with admiration. In this work, an analysis will be carried out on how criminal organizations are formed and organized, what structure they have and how they are formed, conducting a historical analysis of the formation of these organizations and listing the legal elements that guide the concept of these activities. To address the issue, it brings the story of Pablo Escobar, leader of one of the largest criminal organizations that has existed in the world, the Medellín Cartel. The study of Escobar’s history will take place through the analysis of biographical works, such as the one written by his son Juan Pablo, but also by the series "Narcos" that narrates about the important events in Pablo’s life. Furthermore, the concept of prohibitionism, the war on drugs and the role of the media in these themes, presenting concepts, how they occur and related legal aspects, demonstrating that all these items contribute not only to the failure to combat the trafficking and use of narcotics, but also to the phenomenon of the glamorization of the criminal’s trajectory, which in this case, is the example of Pablo Escobar.Item Violação ao princípio constitucional da presunção de inocência: uma análise a partir da decisão do STF após o julgamento do habeas corpus nº 126292/SP (2016-2019)(Universidade Federal de Goiás, 2020-12-14) Manoel, Ricardo Jubé Manoel; Ferreira, Allan Hahnemann; Ferreira, Allan Hahnemann; Andery, Fernanda Rezek; Moreira, Erika MacedoThis paper intends to analyze the violation of the principle of presumption of innocence by the State and the setback that this represents for our legal system. We intend to analyze how the STF has dealt with this issue and its changes in positioning, which end up causing legal uncertainty by demonstrating a tendency of the Supreme Court to change its understandings in view of different interests and not respecting the constitutional text. We also intend to show the importance of maintaining the aforementioned principle as a way of guaranteeing rights and preventing injustices from being committed during the course of the process. In order to carry out our work, we used the judgment of HC 126.292 / SP, which allowed us to be detained after sentencing in the 2nd instance, in addition to analyzing other Supreme Court judgments and what the constitutional text and the Code of Criminal Procedure says. We also used extensive bibliographic research such as: Aury Lopes Júnior, Pedro Lenza, Guilherme Nucci, and others. This research aims to be able to contribute to those who seek information on this subject that is controversial, with people who defend and others who are vehemently against, the early fulfillment of a condemnatory sentence.Item A violência de gênero contra a mulher no contexto pandêmico da covid-19: uma análise quanti-qualitativa no município de Itaberaí-GO(Universidade Federal de Goiás, 2022-04-08) Pereira, Matheus Espíndola; Tavares, Silvana Beline; Tavares, Silvana Beline; Ornelas, Sofia Alves Valle; Andery, Fernanda RezekThis paper has in its initial scope to analyze and present the statistical data about the increase in the rates of gender violence during the public health crisis caused by COVID-19 in the city of Itaberaí-GO. Initially, the research starts from a historical contextualization about gender violence against women and how the social construction of patriarchy took place in favor of the manifestation of this violence from the institutions and culture. Gender violence as a result of a social construction throughout history that oppresses and subjugates women can be understood through the writings of Gerda Lerner and Heleieth Saffiotti. Silvia Chakian also exemplifies how the notion of inferiority of Brazilian women was constructed in Brazil through a historical-social process. From the bibliographical review and the Brazilian legislation in force, a panorama of the relations between the judiciary and the existing laws and their effectiveness during the pandemic scenario was outlined. The empirical research carried out from the analysis of data from court cases was used to highlight the increase in the rate of violence and the most frequent crimes during the period from 2018 to 2021. Finally, from a quanti-qualitative analysis, it was shown that the state of public calamity contributed to the increase in cases of violence, in addition to identifying the need for the role of the Democratic State of Law in the creation of public policies for the protection of women.