Programa de Pós-graduação em Direitos Humanos

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Navegando Programa de Pós-graduação em Direitos Humanos por Por Área do CNPQ "CIENCIAS SOCIAIS APLICADAS::DIREITO"

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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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    O direito à água frente à mercantilização: um estudo do acesso à água pelas pessoas em situação de rua em Goiânia
    (Universidade Federal de Goiás, 2024-07-01) Farias, Fernanda Sales França de; Silva, José Antônio Tietzmann e; http://lattes.cnpq.br/4585004100005242; Silva, José Antônio Tietzmann e; Correa, Edwiges Conceição Carvalho; Oliveira, Dijaci David de
    Although the theme of water concerns environmental issues, it is possible to see the relevance of economic discourse in this context. It appears that, on the one hand, we have the recognition of water as a human right, but, on the other, there was its commodification, from the moment it was declared as a good of economic value. So, the research intends to study how the conception of water as a commodity impacts its access by the homeless population, since, when assigning an economic value to a good, its access, consequently, will be determined by having economical means of obtaining it. For this, the bibliographical and documentary research technique was proposed as a methodology, as a means of studying the process of recognizing water as a human right and discussions about water as a commodity. In addition, the empirical research technique was used with an observational procedure method with interviews with homeless people in Centro, Campinas and Universitário neighborhoods in Goiânia, public servants from CentroPop and Serviço Especializado em Abordagem Social, as well as volunteers from non-governmental organizations (Invisível GO, Grupo de Regeneração Chico Xavier and Tio Cleobaldo). Finally, the research outlines a profile of access to water by the group studied, demonstrating that access is insufficient, given the few public water points in the city and is even more difficult when it comes to access to water for hygiene. Furthermore, the stigma suffered by this population stands out and also how inaccessibility to water is one of the various ways in which discourses that make these people invisible and dehumanize are materialized.
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    O papel da Polícia Civil e da Segurança Pública na prevenção da violência praticada por crianças e adolescente
    (Universidade Federal de Goiás, 2024-07-10) Oliveira, Danilo Fabiano Carvalho e; Tavares, Francisco Mata Machado; http://lattes.cnpq.br/2283526225862308; Tavares, Francisco Mata Machado; Santos, Nivaldo dos; Silva, Arício Vieira da; Pagliaro, Heitor de Carvalho; Sandes, Wilquerson Felizardo
    Using a multidisciplinary approach, which integrates concepts from Criminal Law, Human Rights, Psychology and Political Science, this Doctoral Thesis examined how the collection, analysis and interpretation of information by Police Intelligence can contribute to identifying factors of risk, anticipate criminal trends and target preventive interventions proactively and efficiently. By exploring this theme, we sought not only to expand the understanding of the role of the Civil Police in preventing child and youth crime, but also to provide subsidies for the improvement of public policies and police practices aimed at this purpose. In this sense, the objective of this thesis was to seek to understand the following question: what is the role of the judicial police, in the broader field of public policies for the promotion and guarantee of fundamental rights, full protection and combating the violation of rights that do they directly violate human rights in childhood and youth? With this aim, this study was divided into three axes, namely: 1. How the police perceive themselves (what the judicial police officer thinks they should do); 2. What the police actually do; 3. The role, normatively prescribed by the Judiciary Police (Civil Police), in the production of public policies in favor of children and youth, in particular, with regard to this role, or rather, the non-recurrence of criminal acts. To this end, this Doctoral research adopted a methodological approach that combined bibliographic review, document analysis and discursive analysis based on participant observation. Experiences and practices of the Civil Police of the State of Goiás were examined, as well as interviews with police officers, public security managers, criminology experts and other key actors. The purpose of this methodological use was to capture perceptions and insights into the role and potential of Civil Police Intelligence in preventing criminal acts committed by children and adolescents. Through this process, the expected results were achieved, confirming the research hypothesis; in other words, that the Civil Police institution contributes peculiar and extremely important data that, if treated with strategic intelligence, brought to the attention of the State through public security managers, and also recognized, could contribute to efficient public policies and the prevention of infractions and crimes committed by those at fault. Furthermore, the research showed that the use of Civil Police Intelligence is not limited only to the repression of crimes, but also encompasses educational and preventive actions. This is seen through awareness and training programs. The police can act in primary prevention, educating young people about the risks and consequences of involvement in criminal activities. Investments in technology, personnel training and systems integration are essential to ensure the effectiveness of these strategies in the long term. Therefore, it is possible to reduce juvenile delinquency rates and promote a safer and healthier environment for society as a whole.
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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.
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    Mudança de paradigmas na execução das medidas de segurança em Goiás: o PAILI como possibilidade de política pública substitutiva do tradicional modelo manicomial no Brasil
    (Universidade Federal de Goiás, 2024-01-25) Silva, Beatriz Borges e; Bevilacqua, Solon; http://lattes.cnpq.br/4706313748524604; ; Bevilacqua, Solon; Cardoso, Franciele Silva; Costa, Carmem Lúcia
    This dissertation aims to carry out a comparative study between the national panorama of the application of security measures in Brazil, marked by the traditional asylum model, and the reality of Goiás with the treatment offered by the Programa de Atenção Integral ao Louco Infrator (PAILI) for people who suffer from mental disorder and commit crimes. It is intended to investigate the changes brought by PAILI, from its implementation in 2006, in the execution of security measures in the State of Goiás, from the perspective of defending the Human Rights of its patients in the light of the Law n. 10.216/2001 (Psychiatric Reform Law), aiming to identify the program's differences, as well as its effectiveness as a health and public safety policy in order to verify whether it can become an alternative to the treatment carried out by Custody and Psychiatric Treatment Hospitals (HCTPs), which function as a rule in the application of security measures in Brazil. In order to do so, interdisciplinary bibliographic and documentary research were used and also data analysis. Furthermore, questions from areas such as Law, Criminology, Sociology, History, Psychiatry and Psychology were considered, to contextualize the relationship between crime and madness, as well as the stigmas arising from it, which endorse the idea of the madman's dangerousness and support the maintenance of the institution. of the judicial asylum in a repressive nature of security measures to the detriment of therapeutic ones. Furthermore, throughout the research, based on the comparison of the national and Goiás scenarios, the aim is to verify the feasibility of treatment beyond hospitalization in total institutions, seeking a balance between guaranteeing public safety and preserving rights. fundamental elements of these individuals who, often, are forgotten by the State within the walls of judicial asylums, having their dignity and freedom constantly violated.
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    Entre o silêncio e o acanhamento: o racismo institucional no âmbito dos cursos de formação da magistratura federal entre 2007 e 2019
    (Universidade Federal de Goiás, 2024-04-09) Souza, Rodrigo Gonçalves de; Borges, Fernanda da Silva; http://lattes.cnpq.br/6855004439851879; Macêdo Filha, Maurides Batista de; http://lattes.cnpq.br/8107202394331830; Macêdo Filha, Maurides Batista de; Fontenele, Alysson Maia; Dias, Luciana de Oliveira; Huerta, José Zaragoza; Cardoso, Franciele Silva
    This research aimed to understand how racial issues have been incorporated into the training of federal judges in recent years and in what way the silencing of racial themes has given way to a timid confrontation within the Judiciary. This study seeks to answer the following question: why has the issue of race been silenced for so long in the professional training of judges, and to this day, is it still treated with restraint? To understand why the issue was silenced for so long in the training of judges, the hypothesis worked with was that, despite advances in the black movement, institutional racism persisted within the institutions that make up the justice system until recently. The theoretical support for this investigation relied on a black epistemology, notably in the works of Silvio Almeida, Adilson Moreira, Antônio Sérgio Guimarães, Aparecida Bento, and Nilma Gomes. The categories addressed were individual, institutional, and structural racism, racism as discourse, prejudice, discrimination, and whiteness, as well as other categories such as color, stereotype, stigma, and intersectionality. This study approached racism from a socio-economic perspective, recognizing it as a form of discrimination based on perceived physical and cultural characteristics as inferior or undesirable, spanning from individual manifestations to structural dimensions. It also explored the social construction of race linked to culture and symbolic practices, discussing the relationship with racism and its connection to racial stereotypes. In discussing the relationship between racism and social exclusion, the importance of technically defining prejudice, discrimination, and stigma was emphasized. The underrepresentation of Black individuals in the judiciary was analyzed considering the need for a racial debate in legal education and the impacts of the lack of diversity in the justice system. Methodologically, a bibliographic survey and documentary analysis were conducted (iconographic elements, official quantitative data, economic and social indicators). It is concluded that racism within the Judiciary imposed a prolonged suppression of race in institutional discussions and points to gradual but still limited progress in addressing racial issues, emphasizing the influence of the black movement and the need for more effective anti-racist pedagogical practices and programs. Furthermore, training in racial studies is essential for the judiciary to respond to social tensions and promote racial equality
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    Direito à Memória: construção de novas narrativas sobre a experiência Tapuia do Carretão (GO)
    (Universidade Federal de Goiás, 2024-05-06) Tapuia, Eunice Pirkodi Caetano Moraes; Leitão, Rosani Moreira; http://lattes.cnpq.br/1983245441436723; Leitão, Rosani Moreira; Resende , Tânia Ferreira de; Silva, Lorranne Gomes da; Correia, Edwiges Conceição Carvalho; Borges, Mônica Veloso
    El trabajo abordó la historia y la memoria del pueblo Tapuia do Carretão (GO) y sus conexiones con las prácticas de educación intercultural desarrolladas en el Colegio Estadual Indígena Cacique José Borges. La comunidad Tapuia del Carretão resulta de siglos de persecución, esclavización y masacres llevadas a cabo por la corona portuguesa y más recientemente por el estado brasileño. A pesar de la gran manifestación de resistencia, sufrieron y sufren un violento proceso de borramiento, paralelo a la construcción de imágenes estereotipadas negativas atribuidas a personas pertenecientes a esta comunidad. Entendiendo que la escuela desde una perspectiva intercultural y como un espacio que debe ser apropiado por la comunidad como lugar de fortalecimiento político y reconstrucción de su identidad, busco contribuir con proyectos pedagógicos de la escuela el fin de documentar y fortalecer la memoria y la historia Tapuia, a partir de sus propias experiencias, deshaciendo estereotipos negativos originados en una herencia colonial que persiste y se reproduce hoy, construyendo imágenes de control que atribuyen al pueblo Tapuia un lugar de inferioridad. La investigación se basa en estudios bibliográficos, revisión y análisis de documentos y trabajo de campo etnográfico y colaborativo realizado en propia comunidad
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    A fronteira entre a produtividade e a qualidade de vida do servidor: uma análise da segurança pública goiana
    (Universidade Federal de Goiás, 2024-07-31) Valverde, Marcos Cesar Silva; Silva, Elson Santos; http://lattes.cnpq.br/1655651832997085; Bevilacqua, Solon; http://lattes.cnpq.br/4706313748524604; Bevilacqua, Solon; Silva , Elson Santos; Corrêa, Edwiges Conceição Carvalho; Marques, Vinicius Pinheiro; Lima, Ricardo Barbosa de
    This study examines the relationship between productivity and the quality of life of police officers in the public security sector of Goiás, Brazil. Using an interdisciplinary approach, the research explores the impact of human rights, public management, and technology on this relationship. The study employs a mixed-methods methodology, incorporating document analysis, semi-structured interviews, and focus groups to investigate specific challenges faced by police officers, such as inadequate material infrastructure, moral harassment, and physical risks associated with their duties. The findings highlight a significant correlation between officers' perceived quality of life and their productivity. Officers reporting better working conditions and lower instances of moral harassment tend to exhibit higher productivity levels. The study suggests that public policies aimed at promoting the mental and physical health of police officers are crucial for enhancing public security effectiveness. Furthermore, the analysis underscores the need for more efficient resource management and robust institutional support to address the identified challenges. Improvements in working conditions, including the provision of adequate equipment and regular training, are recommended as essential measures to foster a more effective and humane public security environment in Goiás.