Direito

URI Permanente desta comunidadehttps://repositorio.cesupa.br/handle/prefix/25

Navegar

Agora exibindo 1 - 6 de 6

Abandono afetivo em razão da orientação sexual e da identidade de gênero: uma análise sob a perspectiva da responsabilidade civil
(Centro Universitário do Estado do Pará, 2019-06-03) Silva, Naira Almeida da; Azevedo, Thiago Augusto Galeão de; http://lattes.cnpq.br/5496674400879290; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040
This work had as objective to deal with aspects related to affectionate abandonment of parentes in relation to their children due to their gender identity and sexual orientation, desviantes do padrão heteronormativo, given that it is an object of little social research, especially with regard to the legal scope. It is a monograph, derived from a theoretical method that consists of the research of works and articles of specialized periodicals that approach the subject, as well as the empirical theoretical method, through statistical data that corroborate the theory of affective abandonment by reason of sexual orientation. It occupies, in a first moment, in addition to clarifying briefly some basic concepts for a better understandingof the reader regarding sex, gender and sexuality, we present the Foucauldian perspective regarding this, as well as a theoretical essay of normative heterosexuality imposed socially based on some premises of Butlerian thought. In addition, attending on the object itself, one starts for a brief exposition about the historical context of the family, analyzing the reflexes cisheteropatriarcal system in the contemporary family, as well as makes an investigation of the discrimination radiated by this one to its descendants that deviate from the archeotypes heteronormative. Finally, it is devoted to the discussion of affective abandonment due to gender identity and sexual orientation, with the purpose of demonstrating the damages that the noncompliance with the legal duties deriving from the family power to provide material and/or moral assistance, conducting an examination about civil liability of those who abandon them and the consequent duty to indemnify, reflecting on the issue of the extent this accountability a legal instrument with potential for raising awareness in the family and minimizing cases of affective abandonment as a result of prejudice institutionalized by heteronormative society.
O direito como agente normalizador dos direitos humanos LGBTI
(Centro Universitário do Estado do Pará, 2018-12-19) Souza, Ana Carolina Rodrigues de; Azevedo, Thiago Augusto Galeão de; Galeão, Camyla
This paper seeks to analyze if the Law is a guarantee instrument of rights or just a normalizing discourse ruled by a logic of domination of bodies LGBTI. Initially, it sought to analyze briefly the concepts of sexuality, sex and gender, from the theoretical reference of Michel Foucault, in order to demonstrate that such concepts are results of a social construction. Through the explanation of the Queer Theory, it seeks the deconstruction of innate and stable concepts arising from a discourse endowed with heteronormativity, focusing on the individual who escapes the heterosexual binarism. Thus, it is sustained the sexuality as a construction, in the form of a device responsible for the creation of an idea of biological sex, as well as the production of multiple sexualities, which had to be named and cataloged for controling purposes. In a second moment, it investigates the relationship between Law, Power and the Truth incident on the sex, in order to verify if the Law is a normalizable surface by the alluded power and truth and, therefore, normalizing. For that, it approaches the Law from the identification of a normalized-normalizing image crossed by the power and the constructed truth about the sex. The third moment, it establishes, with all the above, how the Law presentes itself as a normalizing tool in the creation, implementation and expansion of public policies, such as the Social Name ID, and specific spaces such as the "Third Bathroom", aiming to encompass the individuals who escape the binary and heterosexual logic imposed by the sexuality device. By the end, this work has joined one of the images of the Law, which Foucault called as the "new Law".
O feminicídio e a guarda do filho menor
(Centro Universitário do Estado do Pará, 2018-12-14) Rios, Mônica Beatriz Afonso; Azevedo, Thiago Augusto Galeão de; Azevedo, Miguel
The main objective of this paper is to stimulate the discussion about the modification of children’s custody whose mothers were victims of femicide by their partners, who are parents of these children, based on the minor’s integral protection principle and the child’s best interest principle. Firstly, it is necessary to explain the femicide’s logic, considering the theory of masculine domination elaborated by Pierre Bourdieu, that discusses how gender stereotypes are responsible for placing women in a position of submission, leading them to be victims of violence in the moment they refuse to be placed in this situation. After that, we must stablish how the Brazilian law regulates children’s custody and how the children’s integral protection principle and the children’s best interest principle guides not only the child’s custody, but the whole Brazilian legal system. Finally, intending to support the removal of father’s custody, we will bring court’s leading cases, demonstrating how the judiciary solved similar cases, and the recent legislative changes on the subject.
Qualquer forma de amor vale amar: a união poliafetiva e as perspectivas de reconhecimento e proteção no ordenamento jurídico brasileiro
(Centro Universitário do Estado do Pará, 2019-06-14) Morais, Isabela Silva de; Azevedo, Thiago Augusto Galeão de; http://lattes.cnpq.br/5496674400879290; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040
This final work of completing a Bachelor's Degree in Law aims to discuss possibilities and conceptions about the recognition and legal protection of a new kind of family configuration, called Poliamor. It seeks to identify specific and implicit principles of the Constitution of the Federative Republic of Brazil of 1988 and the interpretation of the Civil Code of 2002, which can support this perspective of recognition, such as the existence of a plurality of family units, as well as guaranteeing them the respect and protection due to this type of family in the legal system. It is a study of bibliographical and documentary nature that used the literature review procedure through articles dealing with on-screen themes, such as legislation, academic productions and legal literature. It shows a panorama on the understanding and transformations in the concept of family, inserts this discussion in the bulge of the relations between monogamy, power, control of sexuality and economic perspective. This discussion allows to argue about the necessity and possibility of effective legal protection of the various family arrangements as a form of compliance by the State of its role of guarantor of Citizenship Rights to all subjects and population segments.
Representatividade feminista e a efetivação de direitos reprodutivos e sexuais no Brasil
(Centro Universitário do Estado do Pará, 2019-06-11) Pinho, Isabella Gomes; Azevedo, Thiago Augusto Galeão de; http://lattes.cnpq.br/5496674400879290; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229
The objective of this study was to demonstrate that the absence of feminine and feminist representativeness in the political scenery does have a serious impact on the effectiveness and on the access of reproductive and sexual rights in Brazil, through legal recognition and access of various groups to these rights, emphasizing the necessity of policies to ensure that women integrate the political space, to make sure that the public space is a reflection of the diversity of groups that our society has. It was a monography coming from a bibliographical research of description of the doctrinal positions and of national and international legal dispositions on the proposed subject. To fulfill this purpose, some sources of information were used, such as books, scientific articles, journalistic materials and legislative instruments. This research analyzed the way that the reproductive and sexual rights began to be discussed in the international community, based on a concern related to demographic issues, which later served to bring to the debate the need for recognition of sexual and reproductive rights for women to ensure gender equality, which generated a need for international regulation on the subject, later internalized in Brazil. Then, an analysis was made of the presence of women in the political environment in Brazil, means for this presence to be expanded and the need for this presence to internalize the legislative devices on the subject and to ensure access to these rights through policies as essential rights to ensure dignity and equality between men and women.
Vivências de travestis e transexuais no ensino superior: uma análise das relações de poder e controle de corpos sob a ótica de Michael Foucault
(Centro Universitário do Estado do Pará, 2019-06-17) Silva, Laíze Fernanda Assis; Azevedo, Thiago Augusto Galeão de; http://lattes.cnpq.br/5496674400879290; Leal, Ana Christina Darwich Borges; http://lattes.cnpq.br/4919094925608660
This work aims to evaluate the theoretical conceptions of Michel Foucault regarding the analysis of power and construction of the device of sexuality as methodological species of control of bodies and social exclusion of deviant individuals to socially accepted behavioral rules. Such understandings will be applied as a way of demonstrating the discrimination and obstacles that transvestites and transsexuals suffer in social spaces, especially in their experiences as students of educational institutions of basic and higher education. Thus, the present research will debate the various aspects of power from a Foucaultian perspective, which directly influence the marginalization of deviant individuals to the norms of gender imposed by a heteronormative system. The objective is to discuss the consequences of this exercise of power, which have resulted in high rates of violence and mortality of the trans people, generating a precarious life prospect. In addition, it will be sought to reflect on this problem so that, in a way, it provides a certain visibility to this vulnerable population. In this sense, the work was carried out from the bibliographical analysis of philosophers and theorists that deal with issues of gender and sexuality, as well as data collection provided by NGOs and testimonies of students from the city of Belém-PA.

Navegar

Navegando Direito por Orientador "Azevedo, Thiago Augusto Galeão de"