Direito

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

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Navegando Direito por Orientador "Lima Filho, Eduardo Neves"

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    Cracolândia, racismo de estado e neoliberalismo: uma abordagem foucaultiana
    (Centro Universitário do Estado do Pará, 2019-06-17) Rodrigues, Ana Bárbara Bentes; Lima Filho, Eduardo Neves; Azevedo, Thiago Augusto Galeão de
    This work had as an immediate objective to understand to what extent State Racism manifested itself in Cracolândia located in the Center of São Paulo. It was analyzed the function of crack users within Biopolitics and how the compulsory hospitalization institute was used as an instrument of social hygiene.In addition, a relationship of interdependence between the Security Mechanisms, the Biopolitical System and State Racism was evidenced, since it was verified the application of a technique capable of assassinating a certain social group, with the justification of constituting itself as a risk to the good functioning of society, since it is considered the manifestation of the most repulsive elements within the society.It was a monograph, coming from a bibliographical research of description of the doctrinal positions on the proposed subject. To fulfill this purpose, some sources of information were used, especially books, scientific articles and journalistic articles. In this research, it was analyzed how the Cracolândia can be studied starting from a biopolitical context. Then, it was investigated how the security, based on the culture of the fear was used as pillar to move neoliberal conducts was present from the analysis of the concept of scapegoats presented by Jock Young and of the presentation of the neoliberal governmentalality elaborated by Michel Foucault.Finally, State Racism was demonstrated as an application of a social sanitation of crack users in the city of São Paulo, executed through the exclusionary discourses proposed by neoliberal rulers and truculent police actions.
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    Relato de pesquisa: a verdade no processo penal sob a perspectiva da hermenêutica gadameriana
    (Centro Universitário do Estado do Pará, 2018-06-20) Azevêdo, Maria Carolina Braz da Silva; Lima Filho, Eduardo Neves; Neves, Rafaela Sena Teixeira
    This is a research report made during the Law course at the “Centro Universitário do Estado do Pará - CESUPA”, since the second semester with the discipline of “Introdução ao Estudo do Direito II” and is still in continuity. The research aims to discuss aspects of criminal procedure law in a perspective of constitutional guarantees from the point of view of hermeneutics, based on the theoretical reference of Hans-Georg Gadamer, in order to propose, through a discussion of philosophical theoretical aspects, solutions for practical problems of rights violations in criminal proceedings. As a result until this moment, we have obtained the publication of an article in the “Revista de Estudos Criminais”, wich has “Qualis A1”.
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    A utilização do material genético descartado como prova no processo penal e a não autoincriminação
    (Centro Universitário do Estado do Pará, 2019-05-30) Souza, Sabrina Brenda de Oliveira; Lima Filho, Eduardo Neves; http://lattes.cnpq.br/6648186048235225; Nogueira, Rafael Fecury; http://lattes.cnpq.br/7341684103082113
    This work aims to emphasize the figure of the accused within the criminal field, regarding the principle of non-self-incrimination, also known as Nemo Tenetur se Detegere, a development of the right to freedom against the force and punitive power of the State. This principle will be applied to the means of obtaining evidence, and in specific, DNA expert evidence. Thus, this study sheds light on the defendant's right to oppose the criminal justice system, in accordance with the principles of Human Dignity and the Federal Constitution of 1988. The debate specifies the circumstances of the DNA test even with the refusal of the passive subject to collaborate. The objective is to discuss the motivation and consequence of the relativization of the right to non-self-incrimination, in an attempt to find a solution that better reflects justice in the concrete case, without unreasonably authorizing unlimited state action, or impunity. In this sense, the work was done from the bibliographical analysis, from the doctrines of the criminal field, and from Brazilian jurisprudential review.