Direito

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

Navegar

Agora exibindo 1 - 10 de 10

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.
Arquipélago do Marajó: uma análise sobre a influência dos papéis de gênero na exploração sexual de meninas
(Centro Universitário do Estado do Pará, 2019-06-03) Oliveira, Vitória Letícia Esteves de; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229; Azevedo, Thiago Augusto Galeão de; http://lattes.cnpq.br/5496674400879290
The present study aims at analyzing how the social roles of gender and the structure of the patriarchal society contribute to the sexual exploitation of children and adolescents. Initially, considering the Marajó Archipelago as a base of analysis, it seeks to demonstrate, through socio-economic indexes, the scenario of abandonment of the state in which the Riverside communities live, and that, in addition to poverty, the phenomenon of the sexual exploitation of “balseiras” girls, as they are known in local jargon, has deeper roots. In the light of the above, in a second moment, it will conceptualize what are social gender roles as well as seek to raise the origin of the patriarchal society, which identifies the subjugated figure of the woman to the detriment of the man. The fruit of a patriarchal society and the perpetuation of the inequalities established between the feminine and masculine genders, it aims to expose the existing social gulf between men and women in various spheres of society by making an intersection between gender, race and class. Finally, the third part of this paper aims to explain how the phenomenon of juvenile sexual exploitation is characterized as a means of reaffirming masculinity.
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.
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.
A indústria pornográfica e a subjugação da mulher: uma crítica ao pensamento liberal como perpetuador da dominação masculina
(Centro Universitário do Estado do Pará, 2019-06-03) Maribondo, Rebeca Lopes; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229; Azevedo, Thiago Augusto Galeão de; http://lattes.cnpq.br/5496674400879290
This present work will analyze the question of female subjugation related to the pornographic industry, influenced by the liberal theory in perpetuating the restriction of women’s rights with regard to freedom and human dignity. It is intended to verify the results of pornography in the lives of women, whether pornographers or not, in the sense that free movement of pornographic product brings determinant social visions about the sexual relation and the way in which the woman reacts to it, being an irreversible factor in the increase of sexual violence against the female sex. For this, the liberal theory will be analyzed in order to develop the idea of the negative influence of the contract with respect to the false perception that women fully exercise their freedom, which generates the imaginary of them being responsible for the acts of third parties against their dignity. It will be defended the position that the pornographic industry, widely authorized through the contract of liberal theory, is a fundamental instrument in the perpetuation of patriarchy and, consequently, in the curtailment of fundamental human rights of women. This study is primarily theoretical, with critical analyzes of doctrines from books and scientific articles, with statistics analyzing the consequences of consumptions of the pornographic product. The main objective will be to see how patriarchy, liberal theory and the pornographic industry relate to continuing the male domination over the female sex in such an intense proportion as to irreversibly violate women’s fundamental rights.
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.
A questão da aplicação da Lei Maria da Penha às mulheres transexuais e transgêneros enquanto vítimas de violência doméstica e familiar
(Centro Universitário do Estado do Pará, 2018-06-28) Moraes, Letícia Gabrielle Moraes de; Farias, Klelton Mamed de; Azevedo, Thiago Augusto Galeão de
This present monograph discusses the possibility of applying Law 11.340/06, Lei Maria da Penha, to transgender women as victims of domestic crimes. This study will be approached from the struggle history of the feminist movement to guarantee rights for them. The feminist movement, throughout its theories, created the theory of gender, and, with that, the possibility of considering people from their gender identity, leaving aside the classical theories and the binary view of sex. Domestic violence does not only affect women, because it is not just a biological issue, it is a gender issue, it goes way beyond. In order to minimize domestic violence against transgender women, the present study aims to demonstrate, with the concept of gender, that transsexual and transgender women can be considered as women, and therefore, it is possible to apply the Law 11.340/06 to them. From a qualitative research, made through the deductive method and a technical bibliographical and documentary procedure, it is tried to demonstrate how the subject is being treated in the nowadays and if it is possible to apply the law to transsexual and transgender women. Then, considering that the legal system seeks isonomic and equality, in thesis, then the constitutional principles indirectly guarantee that the law can be extended and applied to them, since the non-application of this law can bring an affront to the constitutional principles equality, sexual freedom and the dignity of the human being, hence the importance of this study.
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 Autor "Azevedo, Thiago Augusto Galeão de"