CAMPUS GOIÁS (CG)
URI Permanente desta comunidade
O Campus Goiás (GO), da Universidade Federal de Goiás, fica localizado na Cidade de Goiás e oferece os cursos de: Administração, Direito, Filosofia e Serviço Social.
Navegar
Navegando CAMPUS GOIÁS (CG) por curso "Direito (RCG)"
Agora exibindo 1 - 20 de 60
Resultados por página
Opções de Ordenação
Item Acesso à internet como direito fundamental e as políticas públicas de inclusão digital no Brasil(Universidade Federal de Goiás, 2023-02-23) Rocha, Carolina Brito Rocha; Garcia, Bruna Pinotti; Garcia, Bruna Pinotti; Ornelas, Sofia Alves Valle; Dutra, Renata BotelhoInternet access has modified social interactions in their most diverse aspects, becoming an essential resource for individuals, as it benefits personal, collective and human development, as well as favoring their constituted rights. The world wide web has turned society into an informational folk. However, these advantages don’t reach a large portion of citizens, called “digitally excluded”. In this scenario, this academic work sought to investigate whether internet access can be added to the list of fundamental rights already existing in the Federal Constitution/88 of Brazil and, with that, increase public policies for digital inclusion, in line with the guidelines and international guidelines, since human and fundamental rights converge. It also appears that it is necessary not only the constitutional recognition of this right, it is necessary to improve the inclusion policies and the way of implementation so that this right reaches everyone. In order to carry out this term paper, the scientific approach and methodology of bibliographical research were applied, through articles, books, internet pages, legislation and electronic documents, thus sustaining the proposed discussion. Therefore, this research emphasizes the importance of admitting access to the internet as a fundamental right, highlighting the challenges for the application of this right and digital inclusion for all, as a potential instrument.Item Acordo de não persecução cível na improbidade administrativa: natureza jurídica, objetivos e consequências(Universidade Federal de Goiás, 2021-11-10) Silva, Scarlat Felix da; Motta, Maria Carolina Carvalho; Motta, Maria Carolina Carvalho; Coelho, Diva Júlia Sousa da Cunha Safe; Moi, Fernanda de Paula FerreiraThe improvement of the justice system has led to the expansion of consensual conflict resolution mechanisms throughout the Brazilian legal system. An effect of this is the innovation brought by the Anti-Crime Package when it inaugurated the Non Prosecution Agreement (ANPC) as an instrument that aims at a better resolution of administrative impropriety transgressions. Along with this novelty came several doubts, among which regarding its legal nature, constitutionality, lack of specific regulation, as well as the role of the micro-systems of collective and anticorruption protection for the applicability of the ANPC, considering also the objectives intended by it and the possible limits and consequences of its implementation. This is a bibliographical revisional research whose method used is the hypothetical-deductive method, that is, of raising hypotheses and analyzing their origin, in order to prove the lack of clarity on the topic and the diversity of atechnics still pending an answer.Item Análise crítica dos CEJUSCS como mecanismos de acesso à justiça no TJGO entre os anos de 2013 e 2019(Universidade Federal de Goiás, 2021-06-04) Rodrigues, Sara Alves; Motta, Maria Carolina Carvalho; Motta, Maria Carolina Carvalho; Ornelas, Sofia Alves Valle; Rampin, Talita Tatiana DiasThe Judiciary Center of Conflict Solutions and Citizenship. (Centro Judiciário de Solução de Conflitos e Cidadania – CEJUSC) is a unity of judiciary branches specialized in consensual solutions of conflicts and guidance for citizens. Nowadays, several conflicts are no longer solved exclusively by judges but rather by these Judicial Centers. As long as the democratization of access to Justice expanded the mechanisms for claiming rights, there was also a movement to decentralize the traditional jurisdictional model, thus opening various doors to Access to Justice. In this context, alternative means of conflict resolution – mediation and conciliation – began to be seen as mechanisms to reduce the judicialization of conflicts of interest, able to reduce the amount of resources spent both in common procedures and in the execution of sentences. Based on a historical and statistical analysis, this research aims to explore how this policy reaches the Brazilian Judiciary, how it is structured and what advances and/ or setbacks have been identified, in regards to the effectiveness of access to Justice. Therefore, the referred study is based on the perspective of Public Policies and Democratization of Access to Justice. It was possible to conclude that the Brazilian justice is moving slowly in offering fair and effective access to justice. Despite the public policy being well designed and having several positive evaluations by the Judiciary, the statistical data shows modest results regarding to the number of agreements. Such numbers do not guarantee the full effectiveness of the Policy instituted by the Resolution 125 of the CNJ. This is a research developed from a socio-historical, legal and statistical analysis, based on the hypothetical-deductive approach.Item Análise da gestão de resíduos sólidos na região imediata de Goiás-Itapuranga(Universidade Federal de Goiás, 2021-06-04) Silva, Vitor da Costa; Motta, Maria Carolina Carvalho; Motta, Maria Carolina Carvalho; Rampin, Talita Tatiana Dias; Ornelas, Sofia Alves ValleBearing in mind that the poor management of solid waste is one of the main environmental problems present today, it's going to be researched the structuring of the National Solid Waste Policy, in order to verify its implementation in the immediate Goiás-Itapuranga region. To do so, it is necessary to analyze the Municipal Plans for Integrated Solid Waste Management in the mentioned region, if any, to verify if their elaboration was carried out in order to provide their structuring, observing the local specificity and the minimum necessary content, to verify whether the judicialization occurred in the cases of the municipalities studied and whether it was effective, as well as observing whether the plans drawn up influenced the correct waste management in the respective municipality. Then, an exploratory research is carried out, by doing a bibliographic survey, of legislation, of municipal plans and judicialized cases. It also starts with a qualitative approach, by comparing the plans and verifying their implementation based on their provisions. In addition, a documentary and bibliographic analysis is sought, considering the documents, plans, laws, articles and books used. Therefore, it appears that the structuring of the National Solid Waste Policy is fragile in the studied region, with deficient and incomplete plans, as well as the judicialization has no effect on the implementation of the correct waste management, which imposes the verification that the lack of structuring of this public policy, with well elaborated plans and consistent with local specificities, causes obstacles to the implementation of the correct management of solid waste.Item Análise da reclamação constitucional e seus desdobramentos à luz do Código de Processo Civil de 2015(Universidade Federal de Goiás, 2020-12-12) Sousa, Mateus Guimarães de; Oliveira, Bruna Pinotti Garcia Oliveira; Oliveira, Bruna Pinotti Garcia Oliveira; Moi, Fernanda de Paula Ferreira; Ornelas, Sofia Alves ValleThis work is dedicated to the constitutional complaint, more specifically in its correlation with the 2015 Civil Procedure Code and the application of judicial precedents in Brazil. It considers the origin of the complaint institute, as the creation of the Federal Supreme Court based on the theory of implicit constitutional powers, its historical development, especially regarding its application in the context of constitutionality control, its legal nature and its discipline found in the Civil Procedure Code. In addition, it will be debated about the controversy of its legal nature, as well as its object and the appropriate hypotheses. With Law No. 13,105 / 2015, which creates the new Civil Procedure Code, the claim becomes the responsibility of any court and also serves to observe case-law theses arising from standardization judgments. The constitutionality of the new complaint regime is analyzed, in particular the linking of jurisprudential theses with provision in infraconstitutional law. In addition, it will be analyzed on the use of standardization mechanisms with the objective of reducing the volumes of other courts, as well as the amount of resources that reach the Superior Courts.Item Análise orçamentária da cidade de Goiás sob a ótica da receita(Universidade Federal de Goiás, 2023-02-17) Pires, Bruno Vilarinho; Motta, Maria Carolina Carvalho; Motta, Maria Carolina Carvalho; Freitas, Vitor Sousa; Botelho, Glacy Odete RachidThis research analyzes the sources of income of Brazilian municipalities and the constitutionally provided budgetary instruments to provide the budgetary planning of these Entities in the medium and short term, focusing on the municipality of Goiás. The general objective of the research is to verify the different sources of income in the municipality of Goiás and compare the revenues provided for in the annual budget laws with those implemented in the years 2019, 2020 and 2021. To achieve the general objective, this research has the specific objectives of understanding and to evaluate the methodology used in estimating the revenues of the municipality of Goiás during the preparation of the budget, to verify if the estimated revenues materialize, to verify if there are aspects susceptible of improvement and if there are possibilities of increasing the municipality's revenues depending on actions taken by the municipal administration. For a better apprehension of the object, we combine documentary and bibliographical research and carry out the analysis of quantitative data from the budgetary instruments of the municipality of Goiás, which constitute the empirical bases of the work. For that, we used a quantitative-qualitative approach, that moves away from a merely quantitative analysis and seeks the interpretation of phenomena. The analyzes allowed us to understand that the municipal administration has been using constitutionally provided budgetary instruments as a budgetary and administrative planning mechanism and has improved its use over the period under analysis, so that municipal public policies permeate the path of the budget and are closely linked to proper estimation. and revenue realization. We also identified that the municipality has adopted administrative measures aimed at increasing collections inthe medium term, but that it is possible that other improvement measures will be adopted in order to intensify this increase.Item Ativismo judicial e segurança jurídica: entre a uniformização de jurisprudência e a cláusula geral de interpretação conforme a constituição no Código de Processo Civil de 2015(Universidade Federal de Goiás, 2021-06-09) Souza, Gabriela Fernandes de; Oliveira, Bruna Pinotti Garcia; Oliveira, Bruna Pinotti Garcia; Ornelas, Sofia Alves Valle; Motta, Maria Carolina CarvalhoAfter the constitutionalization of Brazilian law, changes occurred in several areas, mainly in the procedural, which started to give greater attention to the guarantee of fundamental rights. Even before the formulation of a Civil Procedure Code after the 1988 Federal Constitution, an important change jumped in front of the legal system, which was the switch in the behavior of the Judiciary when dealing with demands. Because there was an increase in the flow of judicialization, which prompted the Judiciary, previously shy in its decisions, to judge cases with due constitutional freedom, which directly points to judicial activism, which are decisions rendered that consider in their foundations something in addition to the law, such as principles, values and customs, as well as the context of demand. After deepening these notions at first, the work brings the counterpoint of this new legal reality with the principles of procedural guarantee and legal security, by analyzing the effects of decisions in the system that aggregates traces of civil law and commom law and in addressing how the binding force of decisions may or may not harm legal stability. Finally, in a balance between the extremes, an attempt was made to analyze the interaction of these institutes in the Brazilian civil procedural system, producing greater knowledge about the precedents, concluding that, in the face of these innovative institutes, the Brazilian legal system is immature to establish a balance that brings more efficiency and objectivity to the process without losing legal security and judicial stability.Item A atual política ambiental brasileira à luz dos princípios do direito ambiental(Universidade Federal de Goiás, 2021-06-09) Oliveira, Caio César Silva; Moi, Fernanda de Paula Ferreira; Moi, Fernanda de Paula Ferreira; Rocha, Eduardo Gonçalves; Motta, Maria Carolina de CarvalhoThis paper aims to analyze the main aspects of the environmental policy adopted by the government of Jair Bolsonaro, especially with regard to areas protected by the Código Florestal de 2012 and by the Sistema Nacional de Unidades de Conservação (SNUC). Thus, the research is inserted in this debate from the analysis of the historical contextualization of the development of international and Brazilian Environmental Policy, and from the study of the main principles of Environmental Law. From the understanding of these issues, a critical analysis is carried out using the deductive method, in order to assess the environmental policy in the Jair Bolsonaro government, through the examination of administrative acts arising from the Presidency of the Republic and the Ministry of the Environment in the period from January 2019 to May 2021, with regard to forest protection, opposed to the principles of Environmental Law. Thus, the work was carried out through the elaboration of a bibliographical research, from a selective literature. Thus, it was concluded that the environmental policy of Jair Bolsonaro's government failed to observe a series of principles, which makes the administration of this government a threat to global environmental policies.Item "Autonomia da família” e direito à educação: o ensino domiciliar sob o prisma da Constituição de 1988, da Lei 8.069/1990 e da Lei 9.394/1996(Universidade Federal de Goiás, 2020-12-15) Soares, Karyne Paula Dias Ferreira; Góes Junior, José Humberto de; Góes Junior, José Humberto de; Reis, Edma José; Távora, Mariana FernandesThe proposal to regulate Home Education in Brazil, one of the priorities of the current government, has been systematically debated through the bill of Law 2.401/2019. In this work, the justifications in the defense of the implementation of Home Education are analyzed, based on the exercise of family power and the autonomy of the family, and whether they are consistent with the fundamental right to Education, provided for in the Federal Constitution and the Law of Guidelines and Bases of Education. To this end, the discussions were based on the Bills on the subject as well as on the Federal Constitution of 1988, law 9.394/1996 (Law of Guidelines and Bases of Education) and Law 8069/1990 (Statute of Children and Adolescents). Based on keywords adopted by the bill and other constitutional and legal provisions, relevant to freedom of learning and exposure of thought, the right to education, protection and rights of children and adolescents have been set up frameworks of concepts. At the same time, to understand the ideas and values that actually underlie the proposal of Home Education conceptual frameworks are also drawn up and the interconnection and interaction of such concepts with others present in documents defending a "neutral" teaching model invoking reasons similar to those that give basis for Home Education, more specifically those arranged by the School Without Party Movement, Pro-Society MP Movement and Association Of Conservative Lawyers of Brazil. Also, in view of the expressions adopted by these subjects in the justifications they used, either in documents or in virtual seminar promoted in the Federal Chamber, for the defense of this teaching method, were organized figures and reflections on family autonomy, the Right to Education and Education as a way of psychosocial construction of citizens, as well as the urgent decision of the Supreme Court on pedagogical freedom and decisions of the same court on the unconstitutionality of laws regulating the "School Without Party" in the State of Alagoas, expanding knowledge about these theoretical categories. Because it is a theme that required a synchronic research, that is, that considers facts that happen throughout the investigation process, the Home Education Law approved by the Legislative Chamber of the Federal District on November 10, 2020 is covered by way of illustration. To official or officially issued documents by organizations, also studied newspaper articles in which the subjects defended and/or analyzed the proposal of Home Education as a source of data for the analysis and elaboration and conceptual and comparison frameworks. At the end, it is concluded by the unconstitutionality of the arguments raised for the approval of Home Education, since rights such as education, freedom, culture, dignity, respect and community coexistence of children and adolescents will be violated.Item Os benefícios da arbitragem no direito societário: efeitos subjetivos da inclusão da cláusula compromissória estatutária nas sociedades anônimas fechadas(Universidade Federal de Goiás, 2020-12-11) Duques Filho, Rodrigo Alves; Moi, Fernanda de Paula Ferreira; Moi, Fernanda de Paula Ferreira; Oliveira, Bruna Pinotti Garcia; Leite Filho, Antônio HenriquesThe third paragraph of article 109 of Law nº 6.404/76 (S/A Law) provides for the use of arbitration as an alternative to settle conflicts between shareholders and the company, or between controlling shareholders and minority shareholders, however, what are the subjective effects of the inclusion of supervening statutory arbitration clause in jointstock company is the core of the present research, sincethe inclusion procedure is based on the majority principle, binding all shareholders to deliberations of the majority shareholders, while the Arbitral Law provides for the express consent of all those who will be bound by the effects of the arbitration. Thus, in view of the existing tension between the S/A Law and the Arbitration Law, the final objective of this work is to comment on the legal solution perpetrated by Law nº 10.129/15, namely the right of withdrawal, reaffirming access to justice and legal security of the institute in question. In addition, this is a qualitative research, made from the analytical deductive method in bibliographic review.Item Candidaturas “laranjas”: esse bagaço não é nosso - análise da deslegitimação da cidadania das mulheres no espaço político brasileiro(Universidade Federal de Goiás, 2019-12-10) Castro, Ana Clara Andrade; Carvalho, Maria Meire de; Andery, Fernanda Rezeck; Tavares, Silvana Beline; Carvalho, Maria Meire deOne of the greatest contemporary political social paradoxes focus on the fact tha women are the majority in the Brazilian electorate, but the minority in the formal political space. In this sense, this research aims to analyze the process of (des) construction of female citizenship in Brazil, interpreting from influences and actions of feminist and women's movements in the conquest of their political rights to legal and social impediments, such as means of fraud that make women's political representation unfeasible, especially with regard to the use of fictitious female candidates to fill the gender quota by political parties, and the way in which it delegitimizes this affirmative action based on alleged electoral fraud. There are multiple factors that make it difficult or impossible to realize and expand women's political rights, making it necessary to seek effective solutions to increase female representation, especially in the National Congress. It is noteworthy that the relevance of the research lies in the fact that women must in fact have their place of speech guaranteed in the political space, so that their rights are realized and the public policies that meet their demands are proposed and put into practice, as well as all social prejudice and obstacles to female representation be restrained. A methodological approach proposed to conduct a literature review on a trajectory of feminist struggles and women's movements, as well as a legislative, jurisprudential analysis focused on available documentary sources that deal with the subject, from a quali-quantitative interpellation; these instruments made it possible to trace some reflections that are presented in this study.Item Caverna do dragão: análise da efetividade de direitos de mulheres transgêneros e o Sistema Penitenciário de Goiás(Universidade Federal de Goiás, 2021-06-11) Souza, Leticia Garces de Souza; Ferreira, Allan Hahnemann; Ferreira, Allan Hahnemann; Moreira, Erika Macedo; Tavares, Silvana Beline; Martins, Carla BenitezThe present work aims to analyze the current situation of transgender women serving sentences in the State of Goiás. Despite all the advances achieved, as in the decisions of the Federal Supreme Court in the Direct Action of Unconstitutionality - ADI n. 4275 / DF and precautionary measure of Non-Compliance with Fundamental Precept - ADPF n. 527 / DF, which meets the specific demands of the transgender population, the restriction of transgender women's rights still occurs. Thus, the main objective of the work is to understand the exclusionary heteronormative logic of this population and to identify how all exclusionary norms occur, from screening to the effective incarceration of transgender women in prison units in Brazil, especially in the State of Goiás. in Brazilian prisons, as reported in the media, situations in which transsexual / transvestite women suffer violations of their fundamental rights and guarantees. Most of the transgender population in Brazil lives in conditions of extreme social vulnerability, poverty and social exclusion, without access to education, health, professional qualification, opportunity for inclusion in the formal labor market and public policies that consider their specific demands. As a result, the work leaves a legacy, a basis for future observations, in the sense of expanding knowledge in the area of human rights for transgender people and Protection of Human Dignity.Item Combate à fome e transferência de renda: uma equação possível? O caso do Programa Bolsa Família(Universidade Federal de Goiás, 2021-06-09) Paula, Sara Mikaele Santos de; Paula, Renato Francisco dos Santos; Paula, Renato Francisco dos Santos; Stuchi, Carolina Gabas; Motta, Maria Carolina CarvalhoThis monograph seeks to present an overview of the relationship between the intentions of different governments, especially the Brazilian, to fight hunger and the use of money transfer programs to achieve this end. To this end, a historical and analytical rescue of the conceptual and political debate on hunger is used, through a bibliographic review of the literature related to the theme, by the critical rescue of the national and international legal framework that enshrines food as a human right and by analyzing administrative data from cash transfer programs. It places the unequal distribution of food as a structural component of the dynamics and development of capitalist-type societies. It exposes the essential contradiction of this dynamic when one realizes that the contemporary crisis in Capital is generated not by scarcity, but by the source of production, resulting in large-scale waste, in addition to the destruction of nature and the risk to life. It demonstrates the historical advent of social movements that fight for the right to the right (and human life, consequently food) that over time managed to mobilize local, national and international authorities with the intention of signing agreements, treaties, conventions, among other rules, that consigned food to the list of fundamental human rights. It presents the Bolsa Familia Program as one of the strategies to fight hunger that allows not only the immediate situation of extreme poverty, but also impacts directly on local economies, thus demonstrating that the relationship between money transfer policies and the right to food is not only a possible relationship, but also desirable for the development of societies and the production of social welfare.Item Consumo e os elementos de justiça tributária: capacidade contributiva, essencialidade e seletividade nas relações de gênero e raça(Universidade Federal de Goiás, 2021-06-02) Guerim, Tatielle Cirqueira; Motta, Maria Carolina Carvalho; Motta, Maria Carolina Carvalho; Ornelas, Sofia Alves Valle; Jesus, Elenízia da Mata deThis research aims to understand, through data collection, the implications of consumption, gender, race and poverty produced by the distortions of the tax and financial system, in addition to verifying whether these factors influence social and gender (in) equality. Thus, the studies start from the hypothesis that the system of taxation of consumer goods greatly increases the cost of living of the female population, since it is a victim of tax rules that do not take into account their specificities and set high rates on basic female products. The pursuit of equality through taxation is a demand of the Democratic State of Law inaugurated by the 1988 Constitution. Our tax system emphasizes consumption as the main revenue-generating element for the State and women (and more intensely, black women) reverses all or a large part of its income for this purpose, since, in addition to the basic consumption that affects all citizens, it is impelled to sustain a stereotype built by patriarchy in order to fix the “place” of women in society. In this sense, the principle of equality presupposes an unequal treatment of individuals who present themselves in unequal situations, in order to provide a coincidence of treatments. In the tax field it cannot be different. Taxpayers must allocate the tax burden among themselves to the extent of their inequalities and their particular individual needs. This is what ensures the principle of contributory capacity, which is here defended in its qualitative form, providing corrections in discriminatory distortions between individuals. The research carried out a survey of data on a quilombola community in the City of Goiás, where it was possible, to explore the income and consumption conditions of black women in this region. By analyzing a model that shows the harmful consequences of a regressive tax model on black women, it is expected to prove that adopting a single model to measure the consumption tax for men and women is, at the very least, a serious oversight of the State that should aim to resolve social inequalities of all kinds.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 criminalização da LGBTfobia e o STF: análise da efetivação do precedente vinculante da ADO 26 pela via da reclamação(Universidade Federal de Goiás, 2023-02-16) Freitas, Mateus Nunes Vigilato de; Garcia, Bruna Pinotti; Garcia, Bruna Pinotti; Rampin, Talita Tatiana Dias; Freitas, Cleuton César Ripol deThe object of the present research is the analysis of the effectiveness of binding precedent delivered in the Direct Action of Unconstitutionality by Omission (ADO) 26 through the Complaint institute. As a research problem, it is intended to investigate the application of this procedural mechanism in case of non-compliance with the mandatory observation precedent. It is wondered what has changed afterwards the criminalization of the LGBTphobia by the Judiciary. This research seeks to highlight the perpetuation of the ineffectiveness of the rights of the LGBTQI+ community, as well as to analyze the system of precedents and the Complaint institute, whilst an adroit mechanism to implement the criminalization of LGBTphobia. In the first chapter it was realized a historical digression and identified the current situation of the rights of the LGBTQI+ community. Also, it was observed the jurisprudence by the Federal Supreme Court (STF) concerning to the homotransphobia in Brazil. The second chapter focused on premises of the jurisdiction and system of binding precedents in the Civil Procedure Code (CPC)/15. Finally, it was observed the origins, hypothesis of approach, and specificities of the complaint. In the third chapter, it was analyzed the application of the precedent of the criminalization of LGBTphobia within the scope of STF, through the complaint institute. This research utilized a bibliographic review and research in brazilian jurisprudence. At last, it was concluded that the complaint could be an useful, additional and complementary instrument, to enable the repression of homophobia. There is jurisprudence in the STF reinforcing the precedent, although not always through the complaint, which endorses its stability.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 Deficiência, direitos fundamentais e o (des)acesso à justiça: uma análise do poder judiciário sobre o Benefício de Prestação Continuada (BPC)(Universidade Federal de Goiás, 2021-06-04) Santos, Kaio Samuel dos; Motta, Maria Carolina Carvalho; Motta, Maria Carolina Carvalho; Rampin, Talita Tatiana Dias; Ornelas, Sofia Alves ValleThe Continuous Cash Benefit (BPC) is a welfare benefit income transfer in the amount of a minimum wage for elderly over 65 and disabled people extremely poor. In 2021, the BPC serves over 2,5 million disabled people. In recent years, several lawsuits have been responsible for BPC for people with desabilities, when due to rejection by the failure or omission of the policy, people eligible for those benefits do not acess the benefit of the INSS agencies. Based on a historical analysis, This monograph is aims to analyze the impasses, barriers, limitations and structural violence that people with disabilities face when activating the Judiciary Power in the search for access to BPC. In addition, the aforementioned research analyzes the understanding of the aforementioned court regarding this (de) access. For that, the referred study is based on the perspective of public policy and Human Rights.It was possible to complete the judicialization of the BPC, despite the failures, were extremely relevant to guarantee the dignity and promote the citizenship of individuals with long-term impediments. It is a qualitative research, based on the hypothetical-deductive approach, on the bias of the method of legal-exploratory research, and using the technical procedure of bibliographical and documentary research.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 Democracia e representação: o lugar da mulher no judiciário brasileiro(Universidade Federal de Goiás, 2019-12-17) Lima, Jordana de Calaça; Motta, Maria Carolina Carvalho; Oliveira, Bruna Pinotti Garcia; Rampin, Talita Tatiana Dias; Motta, Maria Carolina CarvalhoThe present Course Conclusion Paper deals with Democracy in the Brazilian State and its quality taking into consideration the female representation in its deliberation spaces, mainly in the Judiciary branch. The judiciary branch affects the lives of the population most directly, as it consists of a place in which issues that are part of the personal sphere of people's lives are judged. In view of this, the focus of this assignment is focused on the female representation in this Branch. Thus, this work aims on answering the following questions: Are public policies being put in place to transform this reality? Are women included in the judiciary branch? Why are women underrepresented in the deliberative bodies of the country? As a result, the spotlight is abaut the quality of the Democracy in Brazil. In this way, it is understood that heterogenety in this branches is fundamental to reach social justice.
- «
- 1 (current)
- 2
- 3
- »