Navegando por Autor "Fadel, Anna Laura Maneschy"

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Uma análise das múltiplas violações das garantias fundamentais pela negativa do Registro Civil
(Centro Universitário do Estado do Pará, 2019-06-03) Brito, Patrícia Araújo de; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229; Mello Neto, Ridivan Clairefont de Souza; http://lattes.cnpq.br/2238109792714388
This project aims to analyze the violated rights of eight indigenous Waraos, born in Belém, due to the denial in the making of the birth registration, by the Brazilian authorities. This occurs due the lack of efficacy given to the refugee protocol as a valid document to identify the refugee and to assure the right of registration. The research shows that the legal documents allows the regularization of the Venezuelan immigrant in the Brazilian territory, showing that the refugee protocol is a provisional document to identify taw refugee, according to the “Resolução Normativa CONARE nº 18” from 30/04/2014, Lei nº 9.474/97, Law nº 13445/17, as well as the Presidential Decree nº 9277/2018. Besides, this article aims to show, by studying the right to citizenship and criteria used by Brazil to grant this right, that those children are considered as Brazilians, but they don’t have these right granted, once the right is given by the registration act, which is important for the national data base of the citizens. Therefore, it’s argued that those individuals are in a condition of statelessness, which is the understanding utilized by international documents, the Inter-American Human Rights Court in their decisions and the High Commissioner of the United Nations for Refugees in its Resolutions. In conclusion, the right of registration is a basic human rights that allows the efficacy of other rights. For that matter, the registration act is a obligatory document, as can be seen in the Law of Public Registration, nº 6.015/73, International Covenant on Civil and Political Rights (1966) and the Convention on the Rights of the Child (1989), and so the denial in elaborate the document violated several rights, such as the right to personality, to citizenship, to the name and other social rights.
Após 20 anos da aceitação da competência da Corte Interamericana de Direitos Humanos pelo Brasil: uma análise da fundamentação dos casos Gomes Lund Vs. Brasil (2010) e Herzog e Outros Vs. Brasil (2018)
(Centro Universitário do Estado do Pará, 2019-06-14) Aragão, Amanda de Oliveira; Bentes, Natália Mascarenhas Simões; Fadel, Anna Laura Maneschy
En virtud de que Brasil se sometió a la competencia contenciosa de la Corte Interamericana en 1998 y fue condenado en 2010 con el caso Gomes Lund y otros Vs. Brasil ("Guerrilla del Araguaia") y en 2018 la Corte Interamericana dictaminó que condenó en el caso Herzog y otros Vs. Brasil, la presente monografía enfrenta la siguiente problemática: en qué medida los 20 años de la sumisión de Brasil a la Corte Interamericana fueron imprescindibles para el juicio de los casos Gomes Lund y otros Vs. Brasil y Herzog y otros Vs. Brasil ?. De esta forma, el objetivo es presentar que en esos 20 años hubo alteración relevante de la jurisprudencia del Tribunal Interamericano. Para ello, se realiza un análisis jurisprudencial comparativo en el que se eligió, entre los más pertinentes, un caso por año que versó sobre desaparición forzada o Ley de Amnistía que fueron sentenciados por el Tribunal Interamericano durante esos 20 años. Sin embargo, antes de entrar en el fondo de las decisiones es necesario examinar la evolución del Derecho Internacional Público y los reflejos de esa evolución en la protección de los derechos humanos, precipitadamente en la efectividad de esos derechos. Así como, analizar la fundamentación utilizada por la Corte Interamericana para reprender la desaparición forzada y la incompatibilidad de la Ley de Amnistía con el Pacto de San José. Además, es necesario comprender la imprescindibilidad de la existencia de precedentes para la plausible responsabilización de Brasil, las decisiones del Tribunal Interamericano han progresado para cada vez más humanitario. Por último, en virtud de las decisiones del Tribunal Interamericano poseer un carácter vinculante, es criticado el no cumplimiento total de los referidos juzgados por Brasil hasta los días de hoy, mientras que éste no demuestra la plena aplicación del derecho internacional de los derechos humanos.
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.
Caso Favela Nova Brasília vs. Brasil
(Centro Universitário do Estado do Pará, 2018-12-10) Cunha, Lorrayne Zitta Farias; Fadel, Anna Laura Maneschy
The present study aims to analyze how sexual violence against women can be used as a mechanism of female control from the Favela Nova Brasília case. To do so, at a first moment, the facts regarding the case that has reached in international routes due to the unfounded delay of the investigative process, failures and delays in the punishment of those responsible for committing torture to the residents and sexual abuse to the women in the community where those responsible were conducting police raids. Subsequently, the procedural process of the case will be verified before the international instances as well as the jurisprudential understanding of the Inter-American Court of Human Rights regarding the issue of gender violence and protection of women's human rights. In the second moment, the theoretical references of Pierre Bourdieu, Gerda Lerner, Heleieth Saffioti will be used to base the forerunner structures of the patriarchy and legitimize male domination and from that will be explained the vehemence of these structures, that is, the violence. Finally, the third stage of this work will be focused on its central object, the practice of rape, which is often invisible because its practices are seen as a type of culture and mere acts of power, given its reflected in mechanisms historically diffused in the Brazilian social context.
A concessão de refúgio a mulheres lésbicas, no sistema internacional, regional e nacional de proteção aos refugiados, em face de dupla vulnerabilidade social
(Centro Universitário do Estado do Pará, 2019-06-12) Costa, Letícia Raquel Almeida da; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229; Mello Neto, Ridivan Clairefont de Souza
Compulsory displacements motivated by sexual orientation are relevant issues for International Refugee Law. In this sense, lesbian women appear as particularly fragile categories because of a double degree of vulnerability: gender and sexual orientation. Thus, this paper aims to investigate how the interweaving of these two factors of hyposufficiency leads to specific persecutions against lesbian women, which are understood as motivations for the legitimate recognition of the lesbian refuge in international, regional and national legislations on refugees.
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.
Inquérito das fake News: uma análise da argumentação jurídica da Suprema Corte e do ativismo judicial à luz da filosofia política de Scott Shapiro
(Centro Universitário do Estado do Pará, 2023) Kato, Felipe Oliveira; Coimbra, Alissa Tavares; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229
This article aims to analyze, in the light of Scott Shapiro's political philosophy and his theory of law, the existing judicial activism in Brazil, both in the legislative and procedural spheres, in order to try to answer the limits between arbitrariness and effective compliance. of the legal duty exercised by the Supreme Court. For this purpose, the deductive method was used, that is, through materials such as books, websites, articles and magazines, it may be possible to carry out the necessary bibliographical research so that the conclusion of this study could be reached. Thus, we aim, from the Fake News Inquiry and the analysis of the STF's legal arguments, to debate, question and question the granting of excessive power to the judiciary to the detriment of other powers, a fact that results in disproportionality and disharmony between the three existing powers. In addition, it is intended to demonstrate how judicial activism interferes too much with life in society and affects the Law by promoting an affront to the legislature, normative texts and the Federal Constitution itself. It was concluded that judicial activism is an affront to democracy, as well as it is observed that legal texts are damaged by the excessive use of the interpreter's discretion and the inflation of the judiciary, as advocated by Shapiro.
As normas de proteção ao imigrante e a crise na Venezuela
(Centro Universitário do Estado do Pará, 2019-06-03) Medeiros, Victor Augusto Silva de; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229
The research addresses the rules that involve migration and the request for refuge at na international and national level, emphasizing the specific situation of Venezuelans seeking shelter in Brazil, avoiding the humanitarian and political crisis that plagues Venezuela. For this purpose, data collection, bibliographic searches of books, scientific articles, doctrine and international documents were used as a methodology to observe whether the application and regulation of the Migration Law and institutes at national level correspond to what is is established by the protection of the immigrants themselves, as well as by what is expected of Brazil as a signatory to the Pact of San José, Costa Rica and member state of the United Nations High Commissioner for Refugees. It will be demonstrated that the action of the Brazilian State in relation to the treatment of the immigrant is, in part, incompatible with the current legislation. The work is structured in three chapters, the first one examines the 1951 Geneva Convention relating to the Status of Refugees, the request for refuge in Brazil, the New Migration Law and the Brazilian Judiciary's understanding of the refuge institute. In the second, the Venezuelan crisis is analyzed, from the perspective of Resolution No. 2/18 of the Inter-American Commission on Human Rights, the Guidance Note on the flow of Venezuelans from the United Nations High Commissioner for Refugees and the Declaration of Quito. In the third chapter, criticism is made of the current position of the Brazilian state, in relation to the regulation given to the New Migration Law by Decree 9199/97, interministerial ordinance no. 12 of June 13, 2018 of the Ministry of Justice and Relations Foreign Affairs and by Normative Resolution No 28 of 20 December 2018.
O discurso de ódio é um limite legítimo ao exercício da liberdade de expressão?: uma análise das teorias de Ronald Dworkin e Jeremy Waldron à luz da herança do liberalismo de John Stuart Mill
(Centro Universitário do Estado do Pará, 2017) Fadel, Anna Laura Maneschy; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Coelho, André Luiz Souza; http://lattes.cnpq.br/9840639332029644
This paper aims to compare the theories structured by Jeremy Waldron and Ronald Dworkin, in light of John Stuart Mill's liberal legacy, regarding limitations to freedom of expression, specifically in cases of hate speech. It is worth noting that this debate takes place within the specific context of North American liberalism. For this reason, two authors representative of contemporary liberal discourse were chosen. To achieve this goal, the first chapter will outline characteristics of liberal political thought, particularly the contributions it developed regarding the legitimate limits to the exercise of freedom of expression. Next, Waldron's proposal regarding the possible regulation of speech based on content will be presented, in connection with his defense of dignity. It will also be argued that this author expands the concept of harm, defended by Mill, extending it to hypotheses of moral and psychological harm. Finally, Dworkin's arguments in favor of freedom in the strongest sense will be presented, which implies that the State must treat all opinions and convictions with equal respect and consideration, including in cases of hate speech.
O medo como uma estratégia de aprisionamento dos corpos das mulheres: a cultura do estupro do Brasil
(Centro Universitário do Estado do Pará, 2022) Santos, Leilanne de Cássia Gurjão Vieira; Silveira, Maria Clara Dias Blanch da; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229
Rape culture is a form of violence against women, because through it, various patriarchal attitudes and thoughts have been validated. In this sense, the threat of rape causes fear in women who, in an attempt to defend themselves, adopt various protective attitudes towards their environment. The main objective of this academic work is to point and highlight the impact of rape culture on female behavior, with fear being used as a mechanism for imprisoning women's bodies in Brazil. It is proposed, therefore, to present reflections and analyze the influence that the culture of rape has on women's daily lives, linked to the fear of sexual violence and the process of deprivation of their freedom, based on bibliographical research that brings this discussion. From this perspective, in the rape culture, fear is used as an instrument of social and behavioral control, in a conscious strategy of imprisoning the female body.
O neoliberalismo e o impedimento do direito ao abortamento como uma forma de manutenção do sistema capitalista
(Centro Universitário do Estado do Pará, 2022) Sá, Maria Eduarda Nunes de; Silva; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229
This research aims to explain how neoliberalism, since the origins of capitalism, has the goal to restrict woman's body and reproduction rights through political tools, such as the criminalization of abortion. Since the beginning of the 14th century, during feudalism, women have their bodies and reproductive rights maimed in order to maintain the cohesion of the system, and, after the transition from the feudalistic system to the capitalist one, such containment continues to exist through the political and religious playground, orchestrated by the ones in power, which use the neoliberal system to remove women's reproductive rights, even those that are already guaranteed.
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.