Programa de Pós-graduação em Direitos Humanos

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Navegando Programa de Pós-graduação em Direitos Humanos por Por Orientador "Gonçalves Neto, João da Cruz"

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    A pobreza como alvo na modernização da assistência social: estudo de caso da adoção do portal Meu INSS para o acesso ao BPC
    (Universidade Federal de Goiás, 2023-08-23) Costa, Caroline Levergger; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; Serau Junior, Marco Aurélio; Pagliaro, Heitor de Carvalho
    This dissertation analyzes the use of information and communication technologies for access to social rights, especially welfare rights, and deals specifically with how technology is being used to access the Continuous Cash Benefit. It aims to answer whether modernization has generated social progress or resulted in increased vulnerability of the recipients of this public policy. It also investigates whether the use of modernization may be occurring as a veiled fiscal adjustment measure, that is, not formally declared, to reduce access to the benefit. The methodological approach used was a literature review and a documentary analysis of secondary data and empirical research produced on the subject. The INSS DIGITAL program was evaluated based on five analysis criteria: greater coverage and possibility of service, simplification of processes and increased transparency, speed in responding to requests, quality of procedural analysis and fewer demands and savings to public coffers. It was observed that the difficulties in accessing rights, arising from modernization, do not simply stem from technology, but from the way it has been applied by States to mediate their relationship with the vulnerable population and that there are already proposals formulated so that this modernization is compatible with human rights. It was found that historical factors in the evolution of social assistance and the country's own characteristics, as well as the existence of a fiscal adjustment policy, influenced the way in which technologies were incorporated by the State in the provision of services to citizens. In the case of access to the Continuous Cash Benefit, it was found that the modernization of access, as it occurred, did not represent for the vulnerable population an expansion of rights or even an improvement of public service, but reproduced a barrier to be overcome by the citizen and acted as a factor of repression of administrative expenses (fiscal adjustment) even with the payment of benefits, which has grown more slowly since its implementation.
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    A complexidade da memória e do esquecimento na sociedade em rede: os paradigmas digitais
    (Universidade Federal de Goiás, 2017-02-16) Ferreira, Nelson; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; Pinto, Cristiano Otávio Paixão Araújo; Silva, Magno Luiz Medeiros da; Machado, Vilma de Fátima
    Memory combined with the capacity for rationalization and the development of recording techniques played a fundamental role in the development of the human species and resulted in the capacity to create various technological devices that conditioned profound changes in people's way of life. The object of the investigation is the study of information technology impacts and its reflexes on individual and collective memory, as well as to analyze if the digital paradigms result in the need for a re-reading of memory and forgetfulness in the information society. In order to fulfill this desideratum, a bibliographical review of the authors that deal with memory and its relations with silence, forgetfulness and violence in contemporary society is carried out, and these themes are confronted with the reality imposed by the communication through the digital platform, to the end of the research analyze the recent scientific publications regarding memory and forgetfulness in society.
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    A proteção internacional do trabalho humano como resistência aos avanços do ideal político das forças do livre mercado: o “negociado sobre o legislado” na visão da OIT
    (Universidade Federal de Goiás, 2024-03-18) Gratão, Carlos Eduardo Andrade; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; Serau Junior , Marco Aurélio; Roriz, João Henrique Ribeiro; Azevedo Neto, Platon Teixeira de
    Law no. 13.467/2017, which implemented the so-called Labor Reform, was one of the expressions of neoliberal ideology in the country as it was guided by an interpretation of labor relations as commodities to be priced by free market forces, with minimal or even no intervention by public forces in defense of the most vulnerable party in the contractual relationship, the worker. This law gave the opposing parties, the capitalists and the workers, the power to decide their disputes based on the free disposition of their will, despite the existence of legislation protecting human labor produced under a different political aegis. This precept became known as "negotiated over legislated", possibly inspired by classical liberalism, and therefore contrary to the understanding of the International Labour Organization's (ILO) Committee on Freedom of Association and Committee of Experts on the Application of Conventions and Recommendations, whose understanding of labour relations is anchored in political and civilizational frameworks of social justice. Since the hypothesis is that this legal innovation substantially harms human rights, this research was dedicated to demonstrating that the neoliberal political ideal is contrary to social human rights in the form of decent work and that the Brazilian law is incompatible with the ILO's understanding. To this end, the research deals with neoliberalism, its way of acting against the welfare state, democracy and social human rights, by prescribing the preponderance of freedom rights and denying social justice. The research also shows that social, economic and cultural rights have the same philosophical origins as civil and political rights, and examines the justification for the bill presented by the rapporteur in the Chamber of Deputies, as well as some of the statements made by Congressmen during the debates in Parliament. Moreover, it also presents some data on trade unions in the post-reform period, from 2017 onwards, identifying that there has been a weakening of trade union entities, such as the withdrawal of the union tax without any transition period or adaptation rules and the creation of a series of new types of employee contracts, based on the ideal of individual freedom, which fragment the professional category and weaken the social solidarity that is indispensable for the strength of trade union action. Some cases analyzed by the Committee on Freedom of Association were examined in order to verify the interpretative parameter regarding the possibility of collective bargaining to reduce rights provided for by law, as well as statements made by the Committee of Experts specifically regarding the Labor Reform in the period from 2018 to 2023. In the end, the hypotheses were confirmed, in the sense that Law no. 13.467/2017 proved to be a true pro-business public policy, sought to weaken not only the legislation protecting human labor, but also the resistance structures of the working class, in addition to being incompatible with the ILO's understanding. Another important conclusion from a sociological point of view is that the centrality of work has long since lost ground in society to individual freedom under the political designs of neoliberalism. It was documentary and bibliographical research. The justification for the bill presented in the Chamber of Deputies and the Federal Senate were examined, as well as fragments of the deputies' debates using shorthand notes, all obtained from the Chamber of Deputies website. We also examined data on unions in the post-reform period already collected by REMIR – Network for Studies and Interdisciplinary Monitoring of Labor Reform, from the Unicamp Institute of Economics, and by CESIT – Center for Union Studies in Labor Economics, which It is made up of representatives from this Institute of Economics and DIEESE. The research had access to ILO documents from the years 1948, 1949, 1980 and 1981, regarding the preparatory acts for the adoption of ILO Conventions 98 and 154, which were obtained after requesting the ILO library through the email to library@ilo.org. The decisions of the Committee on Freedom of Association and the statements made by the Committee of Experts are data accessible through websites and documents published by the ILO, also accessible on the internet.
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    Da legalidade à seletividade – a prisão preventiva como instrumento de controle e punição de sujeitos a serviço de uma (in)justiça criminal violadora de direitos humanos
    (Universidade Federal de Goiás, 2020-01-30) Lacerda, Julliana Souza; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; Cardoso, Franciele Silva; Costa, Alexandre Bernardino
    The present work investigates preventive detention and its application in order to understand the discrepancy between Brazilian legislation and jurisprudence and the reality of the prison system. The research consisted in collecting official statistical data about prison population, as well as collecting data on preventive detention in the State Court of Goiás, based on jurisprudence and intern reports. The analysis of the data collected reveals that preventive detention, contrary to the speech of the agencies that control the penal system, is used by these official instances as an instrument of punishment and stigmatization of certain social groups, and reveals a hyper-incarceration policy, based on criminal selectivity, which directly contributes to the increase in the imprisonment rate and criminal reiteration, as well as to a structural violation of human rights.
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    A Implementação da Racionalidade Neoliberal pelas Decisões do Supremo Tribunal Federal em Matéria Trabalhista
    (Universidade Federal de Goiás, 2024-07-10) Rodrigues, Liliane Meireles Filgueiras; Gonçalves Neto, João da Cruz; http://lattes.cnpq.br/6257334752072083; Gonçalves Neto, João da Cruz; Serau Junior, Marco Aurélio; Santos Neto, Arnaldo Bastos
    This research was dedicated to verifying the implementation of neoliberal rationality through the decisions of the Federal Supreme Court in labor matters. It was an inductive, interdisciplinary study involving a social phenomenon (neoliberalism) and labor law issues, encompassing labor law as an expression of human rights of a social nature. It consists of bibliographical and documentary research. It begins with a brief history of the neoliberal movement, showing its position on the role of labor in the globalist economy. It was shown that neoliberal rationality, from the beginning of its formation, advocates the molding of legislation, jurisprudence and the division of labor to the needs of economic development. The understanding of relevant neoliberal intellectuals and their dissemination around the world was discussed. It was shown how this rationality is indirectly imposed by international organizations (such as the International Monetary Fund and the World Bank), as well as the recommendations of the Washington Consensus in relation to work (fragmentation of labor rights and deregulation of work). To this end, we used works by Brown, Dardot and Laval, Eucken, Hayek, Biavach and Moosa. The second chapter shows how labor protection originated, what its objective was, what economic conditions gave rise to it and how this protection developed until the 1988 Federal Constitution. It also shows that the Labor Court emerged in a political context that was more protective of workers. To this end, we briefly discuss how the work relationship in Brazil, since colonization, has been articulated between two economically and socially unequal parties, giving rise to: Labor Law as a branch of law necessary to regulate this relationship between unequal parties; and Labor Justice, as a specialized court, faster and aware of the specificity of the work relationship, the principles that regulate it and the social function of labor law. It was also discussed how the 1988 Federal Constitution, which followed a period of great repression in Brazil, introduced the paradigm of Social Humanist Constitutionalism to the country, giving constitutional status to the human being and to work, and providing for normative principles of a humanist, democratic and social nature (several of which are included in the branch of labor law). It was shown how Labor Law emerged as an expression of human rights of a social nature, since it appeared as a pioneering legal branch in the protection of a socially and economically subordinate class. It discusses the profound cultural crisis faced by the democratic transition resulting from the 1988 Constitution, given the implementation of neoliberal rationality in Brazil since the 1990s (more incisively after Dilma Rousseff's impeachment in 2016), especially in the area of labor law. To this end, it was based especially on the works of Bomfim, Delgado, Maior and Martins. Finally, by analyzing binding decisions by the Federal Supreme Court in major labor matters after 2016, it was found that this Court has been contributing to the implementation of neoliberal rationality in Brazil, ultimately cooperating to weaken labor unions, make labor rights more flexible, deregulate work and reduce the role of the state and the Labor Court, in opposition to the ideals of social welfare established in the 1988 Federal Constitution. To this end, ten binding STF decisions were chosen and analyzed. In order to verify the flexibilization of labor rights resulting from collective bargaining, in which Theme 1046 (established in ARE 1121633) was applied by the TST, a search was carried out on the search engine of the TST's website. Research carried out by DIEESE, CUT, CNJ (among other institutions) was also analyzed in order to verify the weakening of workers' unions, the precariousness of work and the speed of the Labor Court.