Mestrado em Direitos Humanos (PRPG)

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Navegando Mestrado em Direitos Humanos (PRPG) por Por Área do CNPQ "CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITOS ESPECIAIS"

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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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    O direito humano à água face à realidade do saneamento básico no Brasil
    (Universidade Federal de Goiás, 2023-09-29) Parreira, Lucas Silverio; Silva, José Antonio Tietzmann e; http://lattes.cnpq.br/4585004100005242; Silva, José Antônio Tietzmann e; Araújo, Luciane Martins de; Tibiriçá, Luciana Gonçalves
    The present dissertation aims to investigate the human right to water in the context of Brazilian basic sanitation, through studies of public policies developed to provide access to basic sanitation and how its inefficiency can lead to various rights violations, as well as harmful consequences for society and the State. On another note, the intention was to address how public policies related to basic sanitation impact other rights and guarantees already established domestically and internationally, as an expression of human rights. To do so, the relevant regulations were considered, especially the National Basic Sanitation Policy Law - Law 11.445/2007 - with the changes introduced by what is conventionally referred to as the "New Sanitation Framework," given by Federal Law 14.026/2020, as well as its regulatory decrees (Decree 11.466/2023 and Decree 11.467/2023). The dissertation initially deals with establishing a dialogue between human rights and access to basic sanitation operations, in addition to the economic aspect to be considered in basic sanitation operations in the Brazilian state, especially in the state of Goiás. Therefore, based on the results obtained, it was observed that the Regulatory Framework for Basic Sanitation, updated by Federal Law No. 14.026/2020, has as its main objective the goal of providing 99% of the population with drinking water and 90% with sewage collection and treatment by 2033. However, this regulation has opened up real possibilities for the provision of these services by the private sector, even to achieve the goals of the 2030 Agenda. The universalization of basic sanitation operations, especially concerning access to clean and safe water, must be redirected to ensure access to water and basic sanitation services, regardless of the subjective conditions of the users, by consolidating basic sanitation as a fundamental human right, with the clear and precise notation that the underprivileged public should be served regardless of whether the service is provided by the public or private sector, as it is an essential public service.
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    (Re)Pensando a proteção dos Direitos Humanos: uma análise amefricana e decolonial do caso Simone Diniz vs Brasil
    (Universidade Federal de Goiás, 2024-01-22) Pires, Thiago Aparecido; Rosa, Cleudes Maria Tavares; http://lattes.cnpq.br/5957242989246947; Corrêa, Edwiges Conceição Carvalho; http://lattes.cnpq.br/8128417861243933; Corrêa, Edwiges Conceição Carvalho; Rosa , Cleudes Maria Tavares; Macêdo Filha, Maurides Batista; Silva, Elson Santos; Silva, Rosemary Francisca Neves
    How can the actions of the Inter-American Commission on Human Rights (IACHR) in the case of Simone André Diniz v. Brazil influence Brazil's legal and racial dynamics? This work starts from the problem presented, based on the reality of Latin America and Brazil, realities marked by colonization and slavery, which not only left their mark, but also structured the societies, institutions and power in which they were established for centuries. Even with the formal overcoming of colonialism and slavery, their effects still remain with coloniality and racism. This work therefore mobilizes the categories of "decoloniality" and "amefricanity" as a way of combating these effects. In conducting this research, we used the qualitative research technique, documentary analysis and bibliographical research, especially with regard to the documents issued by the IACHR in relation to the Simone Diniz vs Brazil case. We also used dialectical hermeneutics as a theoretical basis and resource to help analyze the case. As a result, we believe that the IACHR's greatest contribution is the dissemination of a culture of respect for human rights, using the category of amefricanity as a starting point for the protection of such rights and as an analytical lens that influences the actions of public authorities, in order to consider the reality of black women in the production and application of government policies, the creation of laws and the administration of justice.