Mestrado Profissional em Direito e Políticas Públicas (FD)
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Item A assistência educacional nas prisões: a gestão por organizações sociais e parcerias público-privadas na esteira da reforma do Estado(Universidade Federal de Goiás, 2019-08-02) Bittencourt, Liliana; Santos, Pedro Sérgio dos; http://lattes.cnpq.br/2482709117669752; Coutinho, Ana Luísa Celino; Azevedo Neto, Platon Teixeira de; Santos, Pedro Sérgio dosThe flowing change of Brazilian State’s form brought with it the pressing need to face the concrete outsourcing of traditionally public functions including the administration of prisons. Formal education during imprisonment is one or those administrative functions and one very delicate, complex and poorly understood. The new juridical tools, established by recent laws that aim at privatizing in the new mood, fell under scrutiny in so far as they may or may not be compatible with the task of catering to inmates taken as pupils. Pacts and agreements with non-profits, or contracts to outsource prison maintenance to the private sector may not guarantee the perfect or at least the efficient focus on pedagogy __ or andragogy, for that matter. The issue is multidisciplinary in its nature, and begged considerations in educational philosophy, anthropology, politics, sociology, before a proper study in matters of law could begin. Criminal, procedural, constitutional and administrative laws were called into question in an intermingled approach. The intertwined elements of theory and data gathered through probing questionnaires show that it is not possible, at the moment, to draft a consistent public policy plan on prison educational practices. The lack of relevant sources turns into mere conjectures the relations of cause and effect between education delivered in state-owned penal institutions, or in private administrated prisons, and recidivism rate, employability and, last but not least, personal development. News from Nordic countries are taken at face value from published researches to serve as a touchstone in defining the singularity or generality of the problems found in some Brazilian states. Those countries were chosen in view of their privileged ranking in education assessment.Item Administração pública, conflito e arbitragem: política pública de acesso extrajudicial à justiça(Universidade Federal de Goiás, 2019-08-12) Natal, Miccael Pardinho; Azevedo Neto, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; Azevedo Neto, Platon Teixeira de; Vasconcelos, Antônio Gomes de; Vieira, Lucas Bevilácqua CabiancaThis research lends itself to investigate the phenomenon of arbitration within the Public Administration. In this sense, it begins by studying the so-called consensus management paradigm, in which the state opens itself to the consensual solution of conflicts. It also focuses on the general study of arbitration, exploring its character, at the same time, contractual and jurisdictional, identifying its elements and pointing to how they come to be conceived when the Public Administration participates in the process, either as a party, or in the position of arbiter. A conflict analysis is made, indicating, from game theory, how in the arbitral process the conflicting parties can behave cooperatively, even though they occupy opposite poles. Then, using a functional analysis of the law aimed at a legal study of public policies, is investigate how arbitration can function as a public policy of access to justice, having instrumental (media) and teleological (end) content characteristic of a public policy. There is a qualitative research, with a bibliographic documentary approach, for the development of the theoretical questions, with the aid of case study. It also uses the dialectical-argumentative method, taking advantage of elements of the rhetorical study of law. As for the theoretical references, the research uses post-positivism, philosophical hermeneutics, the functionalist approach to law and game theory applied to conflicts.