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Item “O conto brasileiro”, uma distopia possível: métodos desconstituintes e as permanências dominadoras do corpo feminino no Brasil(Universidade Federal de Goiás, 2019-12-10) Silva, Vinícius Henrique Pereira da; Freitas, Vítor Sousa; Arbués, Margareth Pereira; Rocha, Eduardo GonçalvesThe choice of the theme of the research was due to the Brazilian social-political scenario, marked by the coup of 2016 and from the escalation and rise to power of the far right, represented by Jair Messias Bolsonaro, current President of the Republic, who is trying to implement a neoliberal agenda on social and economic policies, frustrating the inclusion of progressive ideas in term of social minorities such as women, quilombolas, LGBTQI + populations and indigenous peoples. The election of 2018 was seen as the apex of a series of maneuvers performed to eliminate the fundamental guarantees and social rights of the constitutional text. This reality makes us wonder about the points of contact between the current Brazilian moment and the narrative of a dystopian novel called “The Handmaid's Tale” by Margareth Atwood and we questioned if we would be close to a democratic rupture as described in the book.Under this assumption, we tried to understand which events are shown in the book and what are their consequences for women, thinking about how, throughout history of humanity, the forms of domination of the female body, present in the book, are studied and set into practice by patriarchy and by capitalism. Facing the Brazilian reality, we seek to understand how discourses, laws, bills, class council resolutions would lead us to a constitutional and consequently democratic break, with more sensitive damages to women's rights, especially regarding the sexual division of labor and access to reproductive rights. From this problematic we try to identify how the dominating permanence of the female body is present in the national political structure and is used by unconstituted methods to empty the constitutional text and cause the consequent breakdown of the democratic order in Brazil. We start from the methodological point of view of bibliographical and documentary research, with consultations to legislative sources, news and reports about the current context, supported by a materialistic and dialectical perspective. We had as important theoretical references analyzes on the sexual division of labor and reproductive rights such as Heleieth Saffioti (2004, 2013), Sylvia Federici (2017), Nancy Fraser (2008). Regarding the Law and Literature category, we have the positions of Schwartz and Macedo (2006), Dworkin (2001), Trindade and Bernsts (2017).Item A crítica hermenêutica do Direito : um passeio(Universidade Federal de Goiás, 2021-06-10) Moreno, Fernando Carrijo Artiaga; Arbués, Margareth Pereira; Arbués, Margareth Pereira; Moi, Fernanda de Paula Ferreira; Motta, Maria Carolina de CarvalhoThroughout this work I intend to follow the itinerary devised by the Hermeneutic Critique of Law (CHD) in the unprecedented scrutiny it promotes of the national legal universe. The Hermeneutic Critique of Law, led by Lenio Streck, exposes the refractory nature of Brazilian law with respect to the linguistic turn that took place in philosophy since the beginning of the 20th century, thus unveiling the existence of a paradigm crisis in national law, arising from the persistence of legal positions that are irreconcilable with the constitutional order inaugurated by the 1988 Charter. These legal positions result from two paradigms: one, said objectivist, based on the idea that the law-text has a meaning in itself; another, said subjectivist, based on the notion that the interpreter of the law-text is exempt from accountability. The object of this work is, therefore, the Hermeneutic Critique of Law. The goal: to follow the path determined by Lenio Streck in his investigation of Brazilian legal genealogy. The problematization revolves around the Streckian thesis on the existence of a paradigm crisis in Brazilian law. The method chosen is the bibliographical review, taking as theoretical support the philosophy produced during the linguistic turn, as well as much more recent works, carried out in the scope of legal philosophy, in the wake of the movement led by Streck.Item A delação premiada e seus desdobramentos no ordenamento jurídico: viabilidade no combate à evolução do crime no Brasil(Universidade Federal de Goiás, 2021-06-11) Rodrigues, Guilherme Marques Ferreira; Dutra, Renata Botelho; Dutra, Renata Botelho; Arbués, Margareth Pereira; Ferreira, Allan HahnemannThis study aims to expose to the legal world all the nuances involved in the development of an award-winning collaboration. From its origins and influences to the wonderful evolution caused by Law 12.850 of 2013, this work demonstrates a significant rise of this instrument introduced legislatively in Brazil only in 1990. 31 years later, it can be said that collaboration has reached levels never seen before, integrating itself as an essential part in the criminal law sphere. We discuss its origin and which influences were used to shape the existing one in our Legal System. We debate the controversial issue of its constitutionality. We examine its legal nature, requirements and the format of the agreement and its procedure. Besides approaching the theme of active legitimacy, generator of innumerable discussions. Adopting the bibliographical methodology, by analyzing researches, books and articles, the main focus outlined ahead, in view of all this, was to characterize, substantiate and, consequently, understand the role of this effective and valuable form of obtaining evidence for Brazilian law, making it possible for the State to add one more tool in the fight against the growing and more organized crime that plagues the country.Item A esterilização compulsória de mulheres no Brasil: um olhar sobre a violência institucional a partir do caso de Janaína Aparecida Quirino(Universidade Federal de Goiás, 2021-06-11) Soares, Isabella Magalhães; Motta, Maria Carolina Carvalho; Motta, Maria Carolina Carvalho; Soares, Marcia Santana; Arbués, Margareth PereiraThis study aimed to analyze institutional violence in the compulsory sterilization of women in Brazil, based on the case of Janaína Aparecida Quirino, which took place in Mococa, state of São Paulo, in 2018. There is no doubt that violence against women is a phenomenon of great relevance and which has captured the attention of social movements, academic studies within the social sciences and various actions of the public power, however, when it is the State itself the one to practice the violence that the problem takes on different proportions, once on this case the one who proposes to support and protect the individual is the violator itself of their rights, taking advantage of its hierarchical power to victimize, and often revictimize, those in situation of vulnerability. In this sense, it is concluded that the violation of reproduction rights, as in the case of Janaína, is also an affront to dignity, freedom and autonomy, but not only, it shows the entire cycle of omissions of the State, which in the absence of provision of effective and quality services condemns the individual to the position of vulnerability that is later used as a justification for the violent policies that supposedly work in the service for population in favor of social welfare. In this sense, in the construction of this study, bibliographic and qualitative research and historical and deductive methods were used, with the use of works by researchers, lawyers, sociologists, and journalists to analyze the compulsory sterilization of women in Brazil based on the case of Janaína with the objective of understanding the problematic from the subjective aspects that involve it.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 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 Mulheres no poder: um olhar sobre a representatividade feminina no Poder Judiciário do estado de goiás(Universidade Federal de Goiás, 2022-04-13) Lopes, Laylla Nayanne Dias; Motta, Maria Carolina Carvalho; Motta, Maria Carolina Carvalho; Ornelas, Sofia Alves Valle; Arbués, Margareth PereiraThis research analyzes the way the historical process that restricted the influence are of women in private spaces, today, make the entering, ascending, and nominating for higher positions in the ministry difficult. Its goal is to claim the participatory parity of women in the Goiás judiciary, especially when looking at the dome of the Judiciary of the State of Goiás, a traditionally male professional category that remains essentially made up of men. For a better understanding of the object, we combined documental research with bibliography research and carried out the analysis of quantitative data and the questionnaire applied to the magistrates of the Judiciary Power of the State of Goiás, which constitute the empirical bases of the work. To doing so, we use a quantitative-qualitative approach, that is, one that moves away from a merely quantitative analysis and seeks to understand the phenomena. The analyzes allowed us to understand that affirmative actions to reduce the imbalance of representation in terms of gender are still incipient and unaccompanied by any determinations that guarantee parity between men and women in their compositions. Without effective measures, the Judiciary continues, therefore, reproducing the interests and perspectives of privileged social segments.Item Pobreza menstrual e políticas públicas para mulheres e meninas(Universidade Federal de Goiás, 2021-06-11) Brito, Mariana Alves Peixoto da Rocha; Motta, Maria Carolina Carvalho; Motta, Maria Carolina Carvalho; Arbués, Margareth Pereira; Freitas, Vitor SousaThis research seeks to analyze whether menstrual poverty prevents girls and women from exercising their fundamental rights, as it results from gender inequality. Being the gender inequality studied from the works of bell hooks, María Lugones, Joan Scott and Heleieth Saffioti. The research also aims to understand the relationship between gender inequality and menstrual poverty and the need to create public policies to combat menstrual poverty. The work also lists and discusses the importance of analyzing menstrual poverty based on Nancy Fraser's theory of social justice. Therefore, the research brings the public eye on the family in Brazil, highlighting the importance of government policies turning their attention to the family group, and not just to the individual. Then, in relation to policies on menstrual poverty, it describes the foreign and national initiatives on the subject. Through literature review and using qualitative methodology, books, articles, bills, reports and laws were analyzed, as well as the application of an online questionnaire to deputies and councilors who filed legislative proposals related to combating menstrual poverty . In the end, it concludes that for a public policy to combat menstrual poverty to be effective, it must encompass the search for gender equality, participatory parity, the promotion of family autonomy, the guarantee of basic sanitation, quality education and the review of excessive taxation on sanitary napkins.Item A renda básica como direito fundamental sociassistencial e instrumento de combate a sindemias: reflexões no contexto da emergência sanitária de Covid-19 no Brasil(Universidade Federal de Goiás, 2021-01-14) Morais, Gabriel Ferreira de; Freitas, Vitor Sousa; Freitas, Vitor Sousa; Arbués, Margareth Pereira; Motta, Maria Carolina CarvalhoThe health crisis provoked by the coronavirus hit Brazil hard during a period marked by measures to contain public spending, interrupting the signs of slow economic recovery and paralyzing several production sectors. Not only that, the interaction between Covid-19, communicable and non-transmissible diseases, and the structural social problems present and prominent in Brazilian society revealed an even more worrying scenario, exacerbating the adverse effects that each of these factors has on the population and reaching the status of "syndemia," requiring a change in approach to this great arrangement in the face of the mark of more than 200,000 deaths from the disease in Brazilian territory even before one year. The present work sought, through descriptive research based on the analysis and verification of facts and phenomena related to the theme in the course of 2020, to address these issues and their association to the Brazilian social protection network, permanent and emergency, reflecting from the basic income of citizenship - a model of wealth redistribution widely discussed at the international level and already positive in Brazil - its contributions to the improvement of the social factor in the union equation, using, for this purpose, a bibliographic review from the conception of the idea with Thomas More, to the most current propositions such as those of Eduardo Suplicy, Philippe Van Parijs and Guy Standing.Item A segurança da informação como ferramenta prática de proteção dos dados pessoais e a Lei Geral de Proteção de Dados (LGPD)(Universidade Federal de Goiás, 2022-04-12) Dantas, Luizmar Peixoto; Oliveira, Bruna Pinotti Garcia; Oliveira, Bruna Pinotti Garcia; Ornelas, Sofia Alves Valle; Arbués, Margareth PereiraThe computer and technological revolution together with the popularization of electronic devices has changed the reality and daily life of society. The social arrangement became data-centric, making this the central component for promoting the economy and power relations. In this context, an incessant and mass search for data emerged, in which the owner of such data has a condition of vulnerability, taking into account the asymmetric relationship that prevents their informational self-determination. Therefore, there is a need to alert ourselves to a scenario of potential harm to fundamental rights, and the misuse of data can directly affect both the user's private life (leakage of bank data) and society in general (influencing elections). Several legislative mechanisms were enacted to regulate this situation, but the great watershed came in 2018 with the LGPD, as it represents consent, that is, the duty to request the authorization of the data subject, before the collection and treatment to be carried out. be performed (physical or digital), being performed explicitly and unequivocally. However, the law alone does not prevent violations from continuing to happen, because violators use the most diverse artifices to coerce or deceive citizens into providing their data. In this area, this research proposes, through exploratory, descriptive and qualitative research of a bibliographic, doctrinal, jurisprudential and documentary nature, to highlight the value of personal data today, demonstrate the importance of informational self-determination and its challenges, and discuss how the LGPD and information security can be used as practical tools to protect against attacks on data privacy rights.Item Violência institucional contra a mulher(Universidade Federal de Goiás, 2021-01-14) Silva, Débora Alexia Coelho da; Motta, Maria Carolina Carvalho; Motta, Maria Carolina Carvalho; Moi, Fernanda de Paula Ferreira; Arbués, Margareth PereiraSeeking to understand the role of the State in protecting and guaranteeing the Human Rights, the present work starts from the problem “Is the Democratic State of Law a potential author of the violations and discrimination that plague Brazilian women?”, To analyze the historical processes of consolidation of women's rights and their internalization by state institutions; investigate actions and omissions of the State and its agents that affect, positively or negatively, these rights; and to verify the hypothesis of violence against women tolerated or practiced by the State in the sphere of the Three Powers, especially the Judiciary. Through a qualitative approach, which used the Historical-Dialectical Materialistic Method, using legal and dogmatic procedures, the research was carried out through Bibliographic Review and Documentary Research. The consolidation of women's rights as Human Rights brought advances towards women's emancipation and enshrined women as citizens. The struggles against violations of women's freedom have been internalized by Brazil through its own historical processes and have affected a series of legislative changes based on the principle of isonomy and human dignity, among which the 1988 Federal Constitution and the protection laws against various forms of violence, arising from criminal law. However, in spite of the significant achievements, the present work, through data collection and graph display related to the active political participation of women in Brazil, reveals that the theoretical notion of equality is far from the factual reality, as the male domination scenario reveals countless material and discursive setbacks, which result in constant violations of women's dignity and affect women's human rights, with emphasis on reproductive and sexual rights. Through analysis of data on the rates of domestic and sexual violence, feminicide and maternal mortality, the study questions whether the state's tolerance, omission or action constitutes, in itself, a form of violence, legitimized through public institutions. In view of the role of the Judiciary in gender relations, a concrete case is investigated through a procedural analysis of the records and discourse, illustrating institutional violence motivated by gender.Item Vivências jurídicas, desafios e potencialidades: experiências de estágio não obrigatório no curso de Direito da Universidade Federal de Goiás – Câmpus Goiás(Universidade Federal de Goiás, 2021-06-22) Santos, Warley Eterno dos; Arbués, Margareth Pereira; Arbués, Margareth Pereira; Moi, Fernanda de Paula Ferreira; Dutra, Renata BotelhoThe present research has as object of analysis and discussion the subjectivities of the researcher through reports of experiences of personal experiences in the various fields of internship through which he moved during his academic training. In this sense, its main objective was to build a narrative and point out the important role and potential of the non-mandatory internship for law students in their training and in the effective exercise of their professional career. In addition to the classroom, learning takes place and it is important to associate theory with practice so that knowledge is built completely. The methodological proposal of this research, in addition to autoethnography, through the reports of experiences, bibliographical revisional research and webgraphs that allowed a greater reflection and deepening on the problem under study. The theoretical and normative framework that the course provided, allowed during the internship, to expand the learning potential and, concomitantly, to the exponential increase in the development of skills that only theory, dissociated from practice, would not be able to achieve. Finally, it remains to be considered that this work will address the experiences of nonmandatory internship and its implications in the training of legal professionals, considering histories and regulations that regulate the functioning of this modality.