Pós-Graduação

URI Permanente desta comunidadehttps://repositorio.cesupa.br/handle/prefix/4

Navegar

Agora exibindo 1 - 3 de 3

O depoimento especial judicial de crianças e adolescentes vítimas de violência com deficiência auditiva no estado do Pará: comarcas de Belém, Ananindeua e Chaves
(Centro Universitário do Estado do Pará, 2020-02-11) Morais, Ana Radig Denne Lobão; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Bentes, Natalia Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; Raiol, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645
The present research targets to analyze the Special Testimony of deaf children and teenagers in the Districts of Ananindeua, Belem and Chaves, in the State of Para. The right of being properly heard during a judicial or administrative process according to the degree of development of children and teenagers had been incorporated to Brazilian legal system since Decree No. 99.710/1990, which promulgated the Convention on the Rights of the Child. However, this right got effective twenty-seven years after the Convention’s reception, along with the promulgation of Law No. 13.431/2017, which, amongst other propositions, made obligatory the procedures of special testimony and specialized listening. Owing to the obligation on watching over the principles of equality and not-discriminating, this research aims to answer the following question: are the regulation and application of procedures about the listening of child and teenage victims, upon special testimony on judicial power in the State of Para – considering the districts Ananindeua, Belem and Chaves –, respecting the specific needs of deaf children and adolescents? Therefore, this research’s mean goals are to analyze if the regulation of Law No. 13.431/2017, on national level, as much as the rules and procedures applied by The Court of Justice of the State of Para, specifically over the districts of Ananindeua, Belem and Chaves, had been respecting the specific needs of deaf children and teenagers, and, in case of a negative answer, if this absence of adequacy could be considered an institutional violence, according to Law 13.431/2017, and discrimination due to disability, according to the Brazilian Law of Inclusion of the Disabled Person. On the procedures, the methodology is bibliographical, documentary and field; on its type, it is applied, because it aims to generate knowledge for the solution of a specific problem: the proper application of special testimony for deaf children and teenagers, respecting the fundamental human rights of victims who find themselves in this situation.
Direito fundamental à educação: o arcabouço normativo e a efetividade da educação básica no Brasil à luz da teoria de John Rawls
(Centro Universitário do Estado do Pará, 2025-02-24) Mácola, Ana Luiza Crispino; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983
The main objective of this dissertation is to analyze the fundamental right to education in Brazil in light of John Rawls' theory of justice as equity, considering the Brazilian normative framework and the implementation of access to basic education in the country. In this context, the work seeks to answer the following research problem: based on the analysis of education in Brazil and based on Rawls' conception of justice, to what extent is access to basic education implemented and recognized as a primary good? To achieve the desired goals, the research examines the right to education, addressing its normative protection and theoretical foundations, then delves into the concepts of egalitarian liberalism and distributive justice, highlighting Rawls' theory. Next, the investigation focuses on the feasibility of implementing the right to basic education in Brazil, analyzing whether the institutional structures are aligned with the principles of justice proposed by Rawls, especially in a challenging scenario marked by inequalities in the country. The research, which is theoretical in nature and based on the deductive method, uses discourse analysis as a methodological resource, which allows for an understanding that transcends the explicit content by investigating underlying and contextual impacts. The analysis, as to the object of study, is limited to the normative criteria of basic education. In addition to this methodological approach, the research adopts John Rawls as a theoretical framework, as his theory of justice is considered the most appropriate and fair way of distributing rights among members of society, in addition to recognizing the fundamentality of social rights and, therefore, the most suitable for protecting the right to education. In the end, it is concluded that, although the Brazilian normative framework is aligned with Rawlsian theory, there is an urgent need to improve the practical application of the standards so that access to basic education is effectively guaranteed to all, especially to the less favored, promoting the construction of a more just and egalitarian society.
Trabalho decente e a gestão do labor no sistema prisional paraense
(Centro Universitário do Estado do Pará, 2023-02-01) Nascimento, Juliana Oliveira Eiró do; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Raiol, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645
The main objective of this dissertation is to reflect on the framework of minimum rights that must be guaranteed to prison workers, in the state of Pará, so that they have their human dignity preserved within the socio-labor field of prison, so that labor functions as a true resocializing tool. To do so, it gathers information to face the following research problem: What is the minimum framework of rights to be assured to incarcerated workers in order to guarantee decent work within the prison system of Pará? To achieve the intended purposes, the research is structured in eight items, the first is the introduction. The second is aimed to study the history of prison work based on an analysis of the origin of the penal system of the prison institutions, the history of criminal law and custodial sentences in Brazil; and, finally, the current context of the sentence in the country, by the perspective of the rehabilitation of the convict and the dignity of the human person. the third item examines the normative protection of the prisoners' work by an international perspective and the fourth item performs the same examination, using an internal scope. the fifth item studies the management of prison labor in the state of Pará, focusing on GAB/SEAP Ordinance No. 465/2020. The sixth item exposes an examination of the 11th cycle of national survey of penitentiary information, carried out from July to December, 2021, focusing on regional information, reflecting on the problem that involves labor in Pará prisons. The seventh item investigates the notion of decent work, exploring its legal basis; the framework of minimum rights currently considered essential to the dignity of the working man; the limitations existing in the current notion of decent work; and, at the end, proposes the expansion of the current notion of decent work, capable of ensuring a framework of minimum rights in favor of the human dignity of workers in prison in the State of Pará, even though they are not subordinated to the CLT regime. Finally, the eighth and last item presents the final considerations of this study, The research used the hypothetical-deductive method with a documentary and bibliographical analysis, through works by jurists such as Brito Filho (2018) and Sarlet (2006), as well as philosophers such as Foucault (1988), Kant (2007) and Rocha (2011), and a qualitative approach of the theme.

Navegar

Navegando Pós-Graduação por Orientador "Brito Filho, José Cláudio Monteiro de"