FD - Faculdade de Direito

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    Análise da política pública de justiça restaurativa desenvolvida no centro de atividade restaurativa (CEJUR) em Goiânia
    (Universidade Federal de Goiás, 2022-08-18) Lima, Lucilia de; Azevedo Neto, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; Azevedo Neto, Platon Teixeira de; Silva, Juvêncio Borges; Tavares Neto, José Querino
    This research has as its object of study the Judicial Public Policy of Restorative Justice implemented at the Centro de Atividade Restaurativa de Goiânia, from 2017 to 2021, an initiative of the Judiciary of the state of Goiás, which took place with the Decree nº 1.346, of June 12, 2017, based on the Resolution nº 225, of May 31, 2016, of the National Council of Justice, which provides for the National Judicial Public Policy on Restorative Justice, defined, in its preamble, as a policy of access to justice, through a consensual approach to conflict resolution, providing participation for those involved in conflicts and violence, in the search for reparation and restoration of damages as far as possible. Therefore, it is proposed to present a diagnosis regarding its implementation, referring to the question: how is the fulfillment of the Public Policy of Restorative Justice in Centro de Atividade Restaurativa in Goiânia? Throughout the understanding of this problem, the path developed starts from the theoretical survey on Restorative Justice in its history, its values and its principles. The discussion concerning the retributive and restorative paradigms points out the differences between the punitive system and the new restorative proposal. The legal framework and implementation in Brazil as Public Policy are presented. In a second moment, Law and Public Policies are approached, with the aim of presenting as a product a legal-institutional diagnosis of the program in question. It should be highlighted that the empirical method guides the study, of an exploratory-descriptive non-casual nature, in which documentary and bibliographic research will be carried out, of a qualitative and quantitative nature, and comprises the application of the Law and Public Policy Approach in the production of legal and institutional diagnosis. It is aimed to survey the profile and satisfaction of beneficiaries, according to the following hypotheses: following its implementation, the program has promoted greater participation of those involved in conflicts and violence, and it has developed adequate environment for safe procedures for care in restorative justice in accordance with Decree nº 1.346, which establishes it. According to the premises above, it is concluded that in Centro de Atividade Restaurativa, the restorative justice policy was implemented, which has provided the participation of the beneficiaries; takes place in an adequate and safe environment; and presents an expansion plan. However, it lacks the construction of an evaluation and monitoring plan that allows this expansion and measurement of the results of actions already in progress, which results in effectiveness and efficiency for the improvement of the implemented program, which is still incipient.
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    Articulação de políticas públicas para inclusão da pessoa com deficiência no trabalho: uma análise da atuação do ministério público do trabalho junto às empresas privadas em Goiânia
    (Universidade Federal de Goiás, 2024-04-03) Manjela, Dyeire Nayara Garcia; Azevedo Neto, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; Azevedo Neto, Platon Teixeira de; Carvalho, Silzia Alves; Santos Neto, Arnaldo Bastos
    This study aims to discuss the effectiveness of public policy articulation for the inclusion of Persons with Disabilities (PwD) in private companies in Goiânia. It presents a historical and conceptual analysis of the right to inclusion, with an emphasis on the inclusion of PwD in the workplace; it exposes the norms for labor protection and inclusion of PwD with the aim of rethinking quotas in the private sector and identifying challenges and possibilities for effective inclusion in private companies; it discusses the role of the Public Ministry of Labor (PML) in Goiânia regarding the main strategies employed for the inclusion of PwD; it addresses the articulation of public policies and institutional design with a view to the implementation of Supported Employment; and presents a proposal for a draft bill aimed at expanding the quota system by hierarchical level, highlighting the importance of representativeness at all hierarchical levels, given the current challenges of the existing quota system. The methodology used in this research was bibliographic and documentary research combined with a case study. The empirical research focused on the analysis of Processes and Procedures at the 18th Regional Prosecutor's Office of the Public Ministry of Labor (2012- 2022) to verify whether, regarding the compliance with quotas, the public policies overseen by the Public Ministry of Labor (PML) have indeed proven effective. It was found that there is a gap between legislative intent and practical effectiveness, such that judicial intervention is often necessary to ensure compliance with quotas. Another finding made clear the preference of companies to hire PwD who presumably require fewer adaptations, evidenced by the fact that most of the hires were of physical PwD, while other types of disabilities had much lower percentages. However, concerning the responses to the identified problems, it is understood that collaborative measures in the implementation phase, such as supported employment, present as promising solutions. The widespread adoption of these practices by all involved agents may lead to significant advancements in the inclusion of PwD in the labor market. In this sense, the draft bill suggested in this work, which proposes the expansion of the quota system by hierarchical level, can greatly contribute. Also, it is important to highlight that institutions belonging to the "S" services have sought to fulfill their role in meeting the demands of companies, offering activities aimed at the professional qualification of people with disabilities and investing in the updating and training of teachers and professionals, thus being committed to expanding and improving actions related to the professional preparation of young and adult people with disabilities and/or rehabilitated by the INSS, increasing their competitiveness and employability, considering the profile of the business sector's demand.
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    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 Cabianca
    This 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.