Dissertations/Thesis

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2024
Dissertations
1
  • PAULO FABRICIO DE MELO SANTOS
  • SOCIAL TECHNOLOGY APPLIED TO BAIAN MILITARY POLICE OFFICERS HOLDING EMERGENCY PROTECTIVE MEASURE

  • Advisor : HORACIO NELSON HASTENREITER FILHO
  • COMMITTEE MEMBERS :
  • HORACIO NELSON HASTENREITER FILHO
  • MARIA ELISA HUBER PESSINA
  • SILVIA DOS SANTOS DE ALMEIDA
  • DENICE SANTIAGO SANTOS DO ROSÁRIO
  • Data: Feb 26, 2024


  • Show Abstract
  • Violence against women is a multifactorial phenomenon of great magnitude, which causes physical, sexual and psychological suffering or causes property damage. It is recognized as a violation of human rights, and increases global morbidity and mortality indicators, gaining a collective character and alerting public spheres around the world. Faced with the entire scenario of morbidity and mortality and public burden, in 2006, the Maria da Penha Law was enacted in Brazil, with the aim of curbing domestic and family violence, guaranteeing the protection of women through socio-educational and legal-police measures. The Law provides for the creation of education and rehabilitation centers for men reported for committing violence, but there is no mention of how these spaces should be operated. In the State of Bahia, urgent protective measures are ensured, as they are more serious cases, by the Military Police, through the work of Ronda Maria da Penha. However, there have been cases in which the aggressor is a military police officer, which has drawn attention to the need to develop a social technology that works from a gender perspective with this specific group. Based on this concern, the question arises: How to outline the role of Operation Ronda Maria da Penha in the process of re-education of Bahian Military Police officers holding urgent protective measures from the perspective of what the Maria da Penha law recommends? In view of this, this project has the following general objective: to develop a social technology that guides the operations of Operation Ronda Maria da Penha with Bahian Military Police officers holding urgent protective measures, from the perspective of what the Maria da Penha law recommends. As a result, this work elaborated a social technology through reflective groups. The core of the proposal is to hold a set of meetings with groups of only police officers, preferably led by men, who dialogue on topics such as gender, violence, personal and professional impacts, and peaceful resolution of conflicts. It is believed that this technology has the potential to contribute to the modification of the current scenario, reducing cases of domestic violence involving the military police (and the like), and directly impacting the reduction of violence as a whole.

2
  • JOAO DE DEUS PAES LANDIM FERREIRA CABRAL
  • Intentional Lethal Violent Crimes (CVLI): An analysis before and during the COVID-19 Pandemic in a municipality in the Brazilian Northeast.

  • Advisor : CLAUDIANI WAIANDT
  • COMMITTEE MEMBERS :
  • MARCIO BEZERRA SANTOS
  • CARLOS DORNELS FREIRE DE SOUZA
  • CLAUDIANI WAIANDT
  • HORACIO NELSON HASTENREITER FILHO
  • Data: Feb 29, 2024


  • Show Abstract
  • Violent deaths represent a complex and polysemic problem, given the context involved in their occurrence. It is at the same time a social, economic, political, public security and health problem. Additionally, the Covid-19 pandemic has had implications for all sectors of society, so investigating its impacts on the dynamics of violent crimes is a fundamental premise for the construction of new public policies. Based on the above, this work aims to compare the sociodemographic and circumstantial characteristics and the spatio-temporal dynamics involved in Intentional Lethal Violent Crimes (CVLI) registered in the municipality of Juazeiro/Bahia before (2018-2019) and during (2020-2021 ) the Covid-19 pandemic. This is an observational study involving all Intentional Lethal Violent Crimes (CVLI) that occurred in the municipality of Juazeiro/Bahia before (January 2018 to February 2020) and during the COVID-19 pandemic (March 2020 to December 2021). The secondary data for this study were obtained through Police Occurrence Reports (ROP), provided by the Statistical Monitoring and Control Section (SACE), belonging to the Center for Operational Planning and Strategic Decisions (CPODE) of the structure of the Police Command of the Region of Northern Region (CPR-N), tactical management body of the Military Police of Bahia (PMBA). Regarding the types of CVLI, intentional homicide was the predominant type in the four-year period, highlighting the increase in cases of femicide during the Pandemic. The profile of victims remained the same with men being the predominant gender throughout the observed period. Blacks and browns showed the same predominance and constancy. Half of the crime victims had a criminal record. Firearms account for 70% of deaths, with the increase in the use of bladed weapons during the Pandemic. Violent relationships linked to the illicit drug trade represent a third of the motivations for crimes. Conflicts are more pronounced during the pandemic period. Regarding temporal aspects, crimes increased during the Pandemic, there was no month with predominance in relation to others. The vast majority of crimes occurred on weekends and at night during the four-year period without major differences between phases. The places where deaths occurred were practically the same, the outskirts of the city which registered a sharp increase in the Pandemic in the same territories.

3
  • FERNANDA NUNES MORAIS DA SILVA
  • INSTRUCTION AND TRIAL HEARINGS BY VIDEO CONFERENCE IN THE CONTEXT OF THE COVID- PANDEMIC
    19: the experience of the Drug Courts in the district of Salvador/Bahia

  • Advisor : DANIEL NICORY DO PRADO
  • COMMITTEE MEMBERS :
  • MANUELA ABATH VALENÇA
  • CLAUDIA ALBAGLI NOGUEIRA SERPA
  • DANIEL NICORY DO PRADO
  • Data: Feb 29, 2024


  • Show Abstract
  • This work focused on the exercise of the right to full defense during instruction hearings held
    via videoconference in the context of the pandemic caused by COVID-19, aiming to describe
    it in the most in-depth and detailed way possible. To theoretically support the research, initially,
    it was analyzed how the concept of time relates to the concept of Law based on the teachings
    of François Ost, having concluded that both operate at different cadences, and that the harmonization
    must be aimed. Subsequently, progress was made on the concepts of acceleration and
    globalization proposed by the philosopher Milton Santos; of technique and technology, based
    on the thoughts of Heidegger and James Bridle; as well as about the political biases that all
    these discussions assume, which was done by mobilizing the lessons of Herbert Marcuse, Paul
    Virilio and Evgeny Morozov. The way in which this discussion finds contours within the scope
    of the criminal process was analyzed based on the lessons of Aury Lopes Jr., and it was partially
    concluded that, currently, under the pretext of speeding up the criminal process, procedural
    guarantees have been sacrificed, and, with the help of James Byrne's lessons, it was concluded
    that such desires to accelerate the criminal process have contributed to further widening the
    disparity between rich and poor defendants. Subsequently, the concept of broad defense was
    analyzed, having concluded that its realization demands the simultaneous achievement of a
    bundle of rights whose realization requires conducts of do's and don'ts on the part of all actors/
    actresses of the criminal justice system, not just the accused person and his/her defender.
    A brief history of the use of videoconferencing in Brazilian criminal proceedings was also outlined,
    noting that the attempts to definitively absorb it into legal frameworks appear periodically
    in bills that aim to amend the Code of Criminal Procedure, although nothing was done in this
    regard during the context of the pandemic caused by COVID-19. Then, armed with theoretical
    support, forty-seven instruction hearings held via videoconference by the Drug Courts of the
    District of Salvador/BA were observed, recording their procedure in field diaries for analysis.
    After analyzing the records, it was concluded that the hypothesis was partially confirmed that
    the use of videoconferencing in the context of pre-trial hearings implies the restriction of the
    right to full defense, since in all the hearings observed the accused people remained handcuffed;
    they did not always understand what was being said; there were no guarantees that the witnesses
    were truly alone and uncapable of communicating with others; personal recognitions were carried
    out in disregard of the procedure provided for in the CPP and the recent jurisprudence
    established on the subject, and; carrying out the prior and reserved interview was made difficult
    by the distance and the lack of safe ways to do it. It was also found that its use did not mean
    accelerating or optimizing the Courts' routines, as the difficulty in understanding the functioning
    of the systems used made proceedings slower. It was identified, however, that videoconferencing
    can bring closer proximity to accused people who are far away and that it can mean
    convenience for those who do not wish to miss a day of work or who cannot easily travel to the
    headquarters of the judgment. In the end, guidelines were developed to increase the degree of
    reliability of hearings held via videoconference, based on conduct that ensures the observance
    of the right to full defense.

4
  • ANDRÉ OLIVEIRA DOS SANTOS
  • COMPARATIVE STUDY ON STATE MODELS OF INTELLIGENCE IN BRAZIL, BASED ON THE CASE OF BAHIA

  • Advisor : HORACIO NELSON HASTENREITER FILHO
  • COMMITTEE MEMBERS :
  • CESAR MAURICIO DE ABREU MELLO
  • HORACIO NELSON HASTENREITER FILHO
  • SILVIO VANDERLEI ARAUJO SOUSA
  • Data: Mar 5, 2024


  • Show Abstract
  • The emergence of criminal organizations in Brazil can be considered the greatest challenge for Public Security in recent years, as it directly reflected in the increase in criminal rates in the last three decades, with Bahia being the protagonist and appearing among the states with the worst results. . This scenario calls into question the current model for combating violence in Bahia, whether due to the improvement of criminal organizations, the inefficiency of the criminal prosecution model or the failure of public policies in the most diverse areas of government and the municipality, and policing strategies. in combating crime. In this context, public security intelligence activity appears as a potentially effective tool, as it enables the obtaining, analysis and dissemination of reliable, robust and rapid information for preventive and, when necessary, repressive action by Public Security bodies. The present study seeks to show the importance of this tool and bring other state intelligence models to the country, in order to identify possible opportunities for improvement in the intelligence activity model performed by the Military Police of Bahia. To this end, the study covers a theoretical exposition about the growth of criminal organizations, the public security scenario and the evolution of public security intelligence activity in Brazil. After collecting data on homicides in the various institutions that propose to study Public Security, and identifying the Federation Units that most reduced their rates in the last decade, we mapped out the Public Security Intelligence models used by their military police and, In the end, changes were proposed to the current Bahian model based on the best practices identified. Thus, this qualitative scientific study was based on bibliographical research and exploratory field research, with the application of a questionnaire to officers who work in management roles in Intelligence Agencies in the Military Police of the Federation Units. that were part of the scope of the research. As a result of the research, some opportunities for improving intelligence activity at PMBA were identified, such as increases in its staff and organizational structure, investment in technology solutions and changes in the formalization and dissemination phase of knowledge produced by its central agency.

5
  • MÔNICA RIBEIRO ARAUJO
  • INCARCERATED TRANSGENDER: entry and permanence of transsexual and transvestite women in the Bahian prison system

  • Advisor : MARIA THEREZA AVILA DANTAS COELHO
  • COMMITTEE MEMBERS :
  • CARLE ALBERTO PORCINO
  • CLAUDIA MORAES TRINDADE
  • MARIA THEREZA AVILA DANTAS COELHO
  • Data: Mar 21, 2024


  • Show Abstract
  • This study investigates how gender binarism and machismo influence the placement of trans women in situations of incarceration. In the context of Brazil, which holds the third-largest prison population globally, the treatment of trans individuals within the penitentiary system encounters substantial challenges. The research aims to examine the impact of the ADPF 527 ruling on the allocation conditions for the incarcerated transgender population in the State of Bahia, seeking to identify and comprehend the intricacies of this placement. The study highlights the scarcity of research on gender and sexuality in prisons, shedding light on rights violations against these women and the manifestation of state transphobia within the prison system. Specific objectives include mapping allocation conditions, identifying adverse aspects of placement in male prisons, exposing the contribution of ADPF 527 to the formulation of legal provisions protecting this vulnerable group, and understanding the involvement of trans women in the decision-making process regarding placement in male or female prisons. As part of the Professional Master's Degree program, the research employed methodological techniques such as literature review, document analysis, and data from public institutions. The study presented the ramifications of the ADPF 527 ruling on the placement conditions of the incarcerated trans population in Bahia, emphasizing the contributions of the judicial action to advancements in the development of legal protection mechanisms and the provision of support for enhancing public policies directed at this vulnerable community. The research underscored the inadequate monitoring of trans women in the prison system, particularly in Bahia, emphasizing the urgent need for specific researches about it.

6
  • ANA JAMILLE COSTA NASCIMENTO
  • REFLECTIVE GROUPS FOR MEN: empirical study of the Domestic and Family Violence Court of Feira de Santana/Bahia, 2019

  • Advisor : DANIEL NICORY DO PRADO
  • COMMITTEE MEMBERS :
  • AGENOR DE SOUZA SANTOS SAMPAIO NETO
  • ANDERSON EDUARDO CARVALHO DE OLIVEIRA
  • DANIEL NICORY DO PRADO
  • SALETE MARIA DA SILVA
  • Data: Mar 25, 2024


  • Show Abstract
  • This work addresses the reflective group for men at the Court of Domestic and Family Violence against Women in the District of Feira de Santana-Bahia. The Maria da Penha Law was created to curb cases of domestic violence against women and hold male perpetrators of violence accountable. With this in mind, the general objective of this work was to analyze the reflective groups held in the domestic and family violence against women court in Feira de Santana and their influence on the prevention of violence against women in that city. This is a case study with documentary and field research and a descriptive and reflective purpose. The research locus is in the aforementioned domestic violence court. Data collection covered the year 2019 and was carried out in two stages: a documentary stage, which consists of analyzing the legal processes of participants in the reflective groups, verifying in a quantitative approach, with the assembly of statistical graphs, the profile and the criminal reiteration of male perpetrators of violence participating in the reflective groups and a second qualitative stage, through a semi-structured interview with the facilitators of the groups held at the Women's Court of the District of Feira de Santana and the analysis of the content obtained from these professionals, also verifying whether the These groups help in the process of reframing violence and reiterating violence. In this way, the importance of breaking the cycle of violence and preventive and awareness-raising actions for men is clear. 

7
  • ALAN ROQUE SOUZA DE ARAUJO
  • Monitoring monitoring: a portrait from the custody hearing in Salvador-BA in the year of its implementation, 2018

  • Advisor : DANIEL NICORY DO PRADO
  • COMMITTEE MEMBERS :
  • ANA CLARA DE REBOUCAS CARVALHO
  • DANIEL NICORY DO PRADO
  • FERNANDA RAVAZZANO LOPES BAQUEIRO
  • Data: Apr 30, 2024


  • Show Abstract
  • This study can be contextualized within a scenario of exponential increase in the number of people subjected to various bail conditions and the related lack of data on one of them - electronic monitoring. From this problem, the research question arose, asking how the punitive power uses electronic tracking for the criminal control of people presented at a bail hearing in the district of Salvador-BA, in the year of its implementation: 2018. Seeking to operationalize the greater scope of "monitor electronic monitoring". The study faced the question of the genealogy of power, from a Foucauldian perspective, and addressed the transition from a disciplinary society into a society of control. Furthermore, it is argued that the technological georeferencing system for controlling people in an open environment, notably its concept, historical roots, normative discipline, and the modalities in the Brazilian legal system and in the context of bail hearing. At the central point of the work, a qualitative-quantitative methodology was used, instrumented by documentary research in virtual processes, to carry out an examination of the profile and previous life of the monitored person, as well as the foundations for application and cessation of electronic monitoring, without forgetting to measure the duration of tracking people subjected to criminal prosecution. If that wasn't enough, it portrayed the various legal variables resulting from the crossing of data, especially the duration of monitoring with the type and defence and the nature of the decision in the first degree of jurisdiction, as well as the relationship between electronic monitoring and the useful result of the criminal process. That said, the empirical social study revealed a disregard for the fundamental right to freedom of the person monitored electronically, which demands attention from all actors who are part of the criminal procedural relationship.

2023
Dissertations
1
  • GEANCARLOS DE SOUZA ALMEIDA
  • The Penal Recrudescence Promoted in the Brazilian Penal Code by the Anti-Crime Package and the Ideas of Federal Parliamentarians on Punishment in the Perspective of Modern Penal Rationality

  • Advisor : MARIANA THORSTENSEN POSSAS
  • COMMITTEE MEMBERS :
  • MARIANA THORSTENSEN POSSAS
  • JOSÉ ROBERTO FRANCO XAVIER
  • MARIANA MENDONÇA RAUPP
  • Data: Jan 13, 2023


  • Show Abstract
  • From the emergence in the legal world of bills n. 10,372, of 2018 and 882, of 2019, called the anti-crime package, there is a gap in the specialized literature on the potential performance of the system of thought called criminal rationality on the decision-making process of the Brazilian political system in terms of punishment. The research is then established on criminal resurgence promoted by the anti-crime package in the Brazilian Penal Code and the criminal ideas of federal parliamentarians with the general objective of observing and confronting the speeches of federal deputies in favor of increasing the penalty or creating an incriminating criminal type with the three levels of observation of the performance of modern penal rationality, namely, the ideas, the theories of punishment and the system of thought. Therefore, it is necessary to carry out a search on the Chamber of Deputies website in order to identify written documents produced by the Federal Deputies themselves during the course of the anti-crime project; observe and separate in the documents found the alterations or inclusions promoted by bill n. 10,372, of 2018 and 882, of 2019 in the Brazilian Penal Code; identify and separate the penal ideas that deal with the increase of penalties of existing criminal types or that create in criminal types. A documentary analysis is then carried out on the reports produced by the Working Group, coordinated by Congresswoman Margarete Coelho, created to analyze the anti-crime package. Given this, we found that the results found in the first level, such as the mediums and ideas “proportionality”, “seriousness of the crime” etc.; at the second level, an increase in the penalty for not “rewarding” or “encouraging” the offender; and, at the third level, cohesion of thought such as the prohibition of “impunity” or “so as not to slow down the sentence”, allow us to intuit with reasonable certainty that the Federal Deputies updated the modern penal rationality, as a system of thought, in the decision-making process of the resurgence criminal law in the Brazilian Penal Code.

2
  • FERNANDA MARIA DE ARAUJO MELLO
  • Application of interventional measures aimed at men who are perpetrators of violence against women: documental analysis of decisions handed down in STJ and STF processes.

  • Advisor : MARIA THEREZA AVILA DANTAS COELHO
  • COMMITTEE MEMBERS :
  • MARIA THEREZA AVILA DANTAS COELHO
  • IVETE MARIA SANTOS
  • GABRIELA LAMEGO
  • Data: Jan 23, 2023


  • Show Abstract
  • This work deals with violence against women, a social and public health problem that is discussed worldwide, originated by several factors and that must be tackled in an interdicted way. It is directly related to the historical construction of the Family of Brazil, based on colonialism and patriarchy, influenced by religion, bringing ingrained the concept of male hegemony, supporting material, cultural and symbolic privileges, which attribute advantages to men and, invisibility and naturalization, of various forms of inhumanity and aggression against women for decades, situation that has been unveiled and fought with the conquest of new social roles by it, accompanied by its historical evolution in Brazilian legislation, claimed mainly by an arduous and articulated struggle of feminists. The fight against gender violence is a complex and challenging issue, as it is embedded in male mentalities and behaviors. Legal and institutional mechanisms were created by the public authorities to protect victims, being the Maria da Penha Law (Law 11.340/2006), an achievement of the feminist movement and an important instrument in coping with domestic and family violence against women, which among others provides services for the care of the aggressor man, as a frequency of an education and recovery center, and its psychosocial follow-up, initiatives considered positive in the sense of transformation, deconstruction of values and overcoming conflicts and present themselves as a strategy to face violence. The judiciary has proved to be the main gateway to such services. This work aims to investigate, through processes that are being processed in the Superior Court of Justice and the Supreme Court in what circumstances, when and how the services of care for the man who are the perpetrators of violence, have been applied by the Brazilian courts, as well as how the decisions of these bodies interfere for the maintenance and restoration of interventions. This is a documentary research, with a qualitative, retrospective, descriptive and exploratory approach. The use of the documental analysis method through content analysis of judicial decisions is highlighted. Among the results and discussions found, it is verified that as a rule, in cases that reach the Supreme Court and STJ involving the practice of domestic and family violence against  women and mandatory attendance of the aggressor to reflective groups, crimes are committed with violence that offend the physical incolumidade of the victim and that are independent of the victim's representation, and in which the agent was convicted in the execution of an open sentence; that there is still resistance on the part of magistrates in the observance of judicial precedents and Law 11.340/2006, making necessary jurisprudential and legislative changes aimed at greater scope of services aimed at the aggressor man in cases of more serious crimes, as feminicide and also of a moral nature, as a rule determined by complaint perpetrated by the victim, as well as greater sensitization of judges in order to guide their decisions in favor of the effective transformation and deconstruction of values and protection of the victim.

3
  • JULIANA CRISTINA ANDRADE EGGERS
  • CUSTODY HEARINGS: AN ANALYSIS ON INDICATIONS OF TORTURE TO THE DEFENDANTS IN THE STATE OF BAHIA DURING THE YEARS 2012 TO 2018 IN THE LIGHT OF THE JUDGMENTS OF THE COURT OF JUSTICE OF THE STATE OF BAHIA

  • Advisor : ODILZA LINES DE ALMEIDA
  • COMMITTEE MEMBERS :
  • CLAUDIA MORAES TRINDADE
  • FÁBIO FÉLIX FERREIRA
  • ODILZA LINES DE ALMEIDA
  • Data: Jan 27, 2023


  • Show Abstract
  • The present research deals with the implementation of custody hearings in the state of Bahia and its impacts on the verification of evidence of police torture to the custodians. This is because the custody hearing has, among others, the purposes of identifying and combating that conduct. Thus, in order to reflect on the existence of reports of torture and ill-treatment perpetrated by police against those caught in the act, as well as on the response given by the Criminal Justice System, more precisely by the Judiciary, decisions by the Court of Justice of the State of Bahia in proceedings involving the issue were analyzed. In this way, associated with judicial decisions, we seek information on the profile of the person taken to the custody hearings, the probative value attributed to the statements of those involved and the technical report of bodily injury, the position of the jurisprudence in relation to the impacts of pre-procedural events in the criminal action and the communication of the alleged facts to responsible organs, before and after the execution of the presentation hearings in the state of Bahia. In view of the data obtained, we conclude that, although the custody hearing is a commendable institute in the search to guarantee the human rights of the custodian, there are still many other issues to be faced to achieve its real efficiency.

4
  • MONIQUE RIBEIRO DE CARVALHO GOMES
  • Public Policies for Prison System Exits as an Instrument of Social Inclusion

  • Advisor : MILTON JULIO DE CARVALHO FILHO
  • COMMITTEE MEMBERS :
  • MILTON JULIO DE CARVALHO FILHO
  • ODILZA LINES DE ALMEIDA
  • LIGIA MORI MADEIRA
  • Data: Jan 31, 2023


  • Show Abstract
  • The present work seeks to analyze the possibility of programs and projects aimed at former prison system helpers in promoting the social reintegration of convicts and reducing recidivism. As can be seen, the high rates of incarceration in Brazil are accompanied by the precariousness of the prison system, making it difficult to comply with the minimum adequate conditions imposed by domestic legislation and international conventions. The ideals of resocialization and social reintegration of those in custody are not met. Considering the education and professionalization of the convict as possible auxiliary conditions for his reintegration into social life, the objective was to carry out specific studies that would offer new directions to the issue of penal resocialization and be capable of helping practical work in progress in prison units, as well as how to subsidize public policies for the area. To this end, educational and labor programs and projects developed as a criminal enforcement policy in Brazil were researched, with emphasis on the National Policy for Attention to the Egressed Person, established by the National Council of Justice, in the year 2019, and those conceived by Depen. The study methodology is primarily a dissertation work, with a review of the literature on the subject, in addition to official data on the Brazilian prison system, with the purpose of an investigative study of a multidisciplinary nature. In the first chapter, a literature review was carried out on former prisoners. In the second chapter, concepts and legal aspects about egressed prisoners are presented, outlining the prison system and its difficulties in meeting the goal of resocialization and presenting the National Policy for Attention to the Egressed Person of the National Council of Justice. Therefore, the third chapter deals with the issue of resocialization, including qualitative data on the greatest difficulties faced for emancipation from crime and, therefore, reduction of recidivism.

5
  • ERICA LIMA GONÇALVES
  • “THE WOMEN'S POLICE”: PERCEPTIONS OF MILITARY POLICEMEN ON THE IMPLEMENTATION OF THE ROUND MARIA DA PENHA IN FEIRA DE SANTANA-BA

  • Advisor : EDGILSON TAVARES DE ARAUJO
  • COMMITTEE MEMBERS :
  • ANA LUIZA PINHEIRO FLAUZINA
  • EDGILSON TAVARES DE ARAUJO
  • KARINE FREITAS SOUZA
  • ROSANA DE FREITAS BOULLOSA
  • Data: Mar 3, 2023


  • Show Abstract
  • This study aimed to analyze the implementation process of a public policy instrument to combat violence against women, the Operation Maria da Penha Patrol (OMPP), in the city of Feira de Santana - BA, focusing on the perceptions of police officers who supervise the Urgent Protective Measures (UPM). The theoretical-methodological basis of the research was developed from the theories of gender, gender violence, public action and public policy instruments. The investigation had a qualitative approach with analysis of secondary quantitative data, having as a starting point the literature review, analysis of documents and analysis of official statistics. Field research was carried out, with semi-structured interviews with 12 (twelve) police officers working in the ORMP. The collected data were categorized based on the content analysis of the interviewees' narratives, seeking to verify the discourses about gender violence, the implementation of the OMPP and the performance of the military police. From these dimensions of analysis, 6 (six) empirical categories were found: a) patriarchy and sexism as causes of gender violence; b) masculinized culture of the police and its reflections in Maria da Penha Patrol; c) realization of the Patrol through ostensive policing and its effects; d) police attendance practices and interaction with assisted women; e) importance of professional training to work in OMPP; f) challenges and advances in the execution of the Patrol. The results showed that the Patrol represents a very important instrument for the police officers in the fight against violence against women. Among the main conclusions, we highlight the importance of training with a gender perspective to work in the Patrol, especially in the context of the Military Police, as it is an institution with a masculinized culture. The Patrol model through ostensive policing can cause embarrassment in some women, constituting a reason for refusing follow-up. Finally, the research revealed the need for integration and communication between the organs of the Women's Protection Network, with the purpose of guaranteeing psychosocial assistance and avoiding revictimization practices.

6
  • MARCELO DE OLIVEIRA BRANDÃO
  • The Small Criminal Court in Lauro de Freitas (BA) and the treatment of microcriminality

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • CARMEN SILVIA FULLIN
  • IVONE FREIRE COSTA
  • JULIANA TONCHE
  • SELMA PEREIRA DE SANTANA
  • Data: Mar 21, 2023


  • Show Abstract
  • The provision of justice ensured by the Small Criminal Courts has its legal framework inspired by the idea of the victim's protagonism. Promoting reparation for the damage she suffered is the primary concern of this justice microsystem. In it there is no disapproval of the offender as the main idea of the system, something common in ordinary criminal justice.The purpose of this court is reached when compensatory measures are adjusted with the victims.Such measures are expected to placate their feelings of injustice and, obtaining the pacification between the victim and his offender, prevent the escalation of the microcriminal event to a criminal event of greater social harm. Understanding this dynamic within the context of the Small Criminal Courts of Lauro de Freitas, a city in the State of Bahia, was the purpose of this research. It has been studied how was the treatment given in this court to microcriminality verified in the period from 2015 to 2020. For this purpose, the process flow method, of the transversal design type, was used as a basis for collecting data from electronic process system that has been adopted in this court. It has been verificated the amount of legal demands that get in the small court and how were their exits in that lapse. Based on the collected data, the activity of the court was analyzed from the perspective of efficiency and effectiveness for the city’s people, according to the parameter adopted in the study. The research allowed to conclude that, in relation to this small court, the activity of criminal justice to the community of Lauro de Freitas, it was inefficient and ineffective or of low effectiveness, in the period of interest. Clearly, this outcome it is due to the fact that the bureaucrats of the criminal justice system in the State of Bahia do not give importance to the need to investigate microcriminality, under the terms prescribed by law, with the same commitment as devote themselves to macrocriminality.

7
  • EVA BULCÃO MOTA
  • SUICIDAL BEHAVIOR AMONG ADOLESCENTS IN SOCIO-EDUCATIONAL MEASURE OF DEPRIVATION OF LIBERTY, IN BAHIA

  • Advisor : IVETE MARIA SANTOS
  • COMMITTEE MEMBERS :
  • ANA CLARA DE REBOUCAS CARVALHO
  • IVETE MARIA SANTOS
  • LUANA LIMA SANTOS CARDOSO
  • ODILZA LINES DE ALMEIDA
  • Data: Apr 14, 2023


  • Show Abstract
  • The study characterized adolescents with suicidal behavior in socio-educational units of deprivation of liberty, in Bahia. Objective: to characterize adolescents with suicidal behavior, from 2016 to 2019. Method: cross-sectional, quantitative and descriptive study, through document analysis of the medical records of 70 adolescents, who presented suicidal behavior, in the socio-educational system of Bahia, in a closed regime, in an estimated population of 2,566 adolescents, over the 4 years indicated. The cases were identified by the Mental Health Center and by the Security and Legal Assistance Coordination, which were part of the socio-educational state management. Data were collected following a structured, spreadsheet and systematized questionnaire, forming four blocks: socio-demographic, socio-educational, epidemiological and strategies for coping with suicidal behavior. Frequency measures, absolute and relative values (percentages) were applied throughout the process of collecting and calculating the results, using the Microsoft Excel Software (version 2016). Results: among the 70 cases studied, 43 (61%) were taken to the psychiatric emergency, 59 (84%) reported suicidal ideation, 27 (39%) attempted suicide, 31 (44%) were followed up at CAPS, and, 28(40%) of these adolescents had 10 types of mental disorder diagnoses, predominantly depression 5(18%) and conduct disorder 5(18%). The socio-demographic and socio-educational blocks were separated by gender. There was a predominance of black self-declaration, 100% for females and 83% for males. In the research period, during the fulfillment of the socio-educational measure, 1 suicide occurred on the part of a teenager. When egressed, 15 (21%) of the sample were victims of Violent Intentional and Lethal Crimes (CVLI) in their territories of origin. Conclusion: The information provided evidenced the high degree of vulnerability to suicide risk factors in the US`s. In particular, due to the condition of overcrowding verified in the Units from 2016 to 2019, the need for investments that prioritize suicide prevention and postvention strategies became evident. Suggestions were made to intensify ongoing training for the multidisciplinary technical teams and the entire socio-educational community in Bahia, individual and group interventions with adolescents, in addition to the creation of prevention and postvention protocols in line with WHO and Ministry of Health guidelines. of health.

8
  • MARCELA MOURA FRANÇA POMPONET
  • An embarrassment: The perception of social actors of the criminal system about the institutional violence practiced by the military police when approaching young black men in Salvador and the invisibility of race as a determinant of the functioning of the justice system.

  • Advisor : MILTON JULIO DE CARVALHO FILHO
  • COMMITTEE MEMBERS :
  • ANDRE LUIS NASCIMENTO DOS SANTOS
  • ELAINE CRISTINA PIMENTEL COSTA
  • MILTON JULIO DE CARVALHO FILHO
  • Data: Apr 28, 2023


  • Show Abstract
  • The present work investigates the perception of the social actors that are part of the system of institutions that make up the penal system, Military Police, Public Ministry, Judiciary, Civil Police, leaders of social movements and advocacy, about the institutional violence practiced by the military police during the approaches to young black people in the poor neighborhoods of the city of Salvador. The objective of the research is to understand, from violent approaches, how racial violence is reproduced in all institutions that make up the criminal justice system and in society itself. It is part of the field of empirical research, with an interface between law, criminology and social sciences. The research used a qualitative approach, through in-depth interviews, with the aim of directly accessing how respondents perceive the presence of racism in police approaches and in the context of institutions that operate in the criminal justice system. He also interviewed a member of social movements to understand the difference with the speech of members of the justice system. There was evident resistance and embarrassment from the interviewees, representatives of public functions and collective interests, when talking about police violence and institutional racism. The refusals of some guests for the interview revealed fears and silencing about racism in the criminal system, which, at first, presented itself as an obstacle to carrying out the research, but which was later re-signified as revealing and eloquent data about the practices of violence within institutions. Although the interviewees' speeches are for the compatibility between human rights and public security, it was observed that racism remains invisible as the main trigger in the outbreak of state violence.

9
  • ANTONIO LUCIANO SILVA ASSIS
  • Investigation of crimes of intentional homicide in Salvador (BA): a study of police investigations in progress and completed in 2016 and 2017.

  • Advisor : ANDRIJA OLIVEIRA ALMEIDA
  • COMMITTEE MEMBERS :
  • ANDRIJA OLIVEIRA ALMEIDA
  • LUDMILA MENDONÇA LOPES RIBEIRO
  • MARIANA THORSTENSEN POSSAS
  • Data: Apr 28, 2023


  • Show Abstract
  • The research aims to characterize the investigations that investigate crimes of intentional homicide in Salvador in 2016 and 2017, to describe the profiles of investigated and victims, the dynamics of the facts, the means and ways used in the initiation of the police investigation, as well as to control evidence and other aspects of the police investigation. Through documentary research, a form was applied to analyze 431 intentional homicide inquiries, whose data were organized and processed in the SPSS® software, based on descriptive statistics techniques. According to the data, the perpetrators and victims of intentional homicide in the capital of Bahia are predominantly male, aged between 18 and 24 years, low level of education, black and brown, single, living in peripheral neighborhoods of the city and without historical criminal. The crimes of painful homicide occurred on a public road, with the use of a firearm, involving known victims and perpetrators. In addition, they were committed by a single individual and whose authorship was identified by the police. The inquiry was carried out through civil police inquiries established by ordinances, with priority given to indirect testimonial evidence and expert evidence such as autopsy and crime scene examinations, being identified and isolated to preserve the crime scene. In addition, the data suggest a low participation of the Public Prosecutor's Office in the course of homicide investigation in Salvador, revealing inspectors and deficiencies in terms of their performance in the exercise of external control of police activity.

10
  • RENATA GOMES DA SILVA
  • Precautionary Measures different from prison: Analysis of Use Based on Detention Hearings in Salvador. 

  • Advisor : DANIEL NICORY DO PRADO
  • COMMITTEE MEMBERS :
  • DANIEL NICORY DO PRADO
  • DANIELA CARVALHO PORTUGAL
  • MISAEL NETO BISPO DA FRANCA
  • Data: May 23, 2023


  • Show Abstract
  • This study examines the use of non-custodial precautionary measures, introduced into the Brazilian criminal procedure code in 2011 (Law 12.403/11). It undertakes an analysis of the detention hearings involving defendants accused of theft in Salvador in 2016, as well as their respective criminal proceedings. Data on the cases was either provided by the Public Defender's Office and extracted from the digital legal proceedings databases E-Saj and PJE. In a significant majority of the reviewed cases (71%), precautionary measures were ordered, to the detriment of granting provisional release without conditions. Yet, in 67% of the cases that reached a final decision, defendants were not ultimately found guilty. On average, the duration of precautionary measures exceeded four years. In contrast, defendants ultimately found guilty were sentenced to an average of only two years of prison in open conditions, a term often commuted to a non-custodial penalty. In a staggering 90% of the cases, the duration of precautionary measures outlasted the actual prison sentence. There appears to be excessive, and sometimes unlawful, application of such measures. They have been imposed even when the prerequisites for preventive detention (which they are intended to replace) were absent, and without adequate justification for their necessity and appropriateness. Either a legislative change or a shift in judicial interpretation is imperative to uphold the presumption of innocence and prevent unwarranted freedom restrictions prior to conviction.

11
  • DALIA ZARO QUEIROZ
  • THE IMPACT OF THE DIFFERENTIATED DISCIPLINARY REGIME ON THE LIFE OF THE PERSON UNDER PENALTY: analysis of its application in the state of Bahia, in the period from January 2016 to December 2019.

  • Advisor : CLAUDIA MORAES TRINDADE
  • COMMITTEE MEMBERS :
  • CHRISTIANE RUSSOMANO FREIRE
  • CLAUDIA MORAES TRINDADE
  • ODILZA LINES DE ALMEIDA
  • Data: Jun 20, 2023


  • Show Abstract
  • The present study refers to the influence of RDD on the trajectory of inmates who serve part of
    their sentence in maximum security prisons. RDD (Differentiated Disciplinary Regime) is
    applied to those who commit a deliberate crime that subverts internal order or discipline, pose
    a high risk to prison or societal order and security, or have founded suspicions of involvement
    or participation, in any capacity, in criminal organizations, associations or private militias,
    regardless of the practice of serious misconduct. RDD is a more severe regime of sentence
    fulfillment, imposed on detained persons provisionally or definitively convicted, national or
    foreign. It was originally created in the state of São Paulo after a major rebellion in 2001, later
    adopted in Rio de Janeiro and, in 2003, became effective throughout Brazil, undergoing changes
    that made it even stricter in 2019 through Law 13.964, known as the "anti-crime package."
    Those who are subjected to RDD are kept in cellular isolation with only two hours of daily sun
    exposure, limited visits, among other restrictions. The sanction may be applied for a maximum
    of two years, and the measure may be renewed for periods of one year. After the implementation
    of RDD, researchers examined the issue to discuss its constitutionality and effectiveness, and
    these studies are discussed in the initial part of this work, serving as theoretical foundation.
    Noting that there was no practical research such as data collection and hearing from the key
    players in this issue, such as prison directors, judges of execution courts, and individuals serving
    sentences under RDD, to understand the influence of this sanction on the trajectory and life of
    the inmate, we became interested in conducting research on this aspect. Thus, we will analyze
    the impacts of RDD on the life of the inmate both inside and outside of the prison system in the
    fight against criminal organizations. The study is focused on the prison system of the state of
    Bahia, with doctrinal survey on the topic and field research to collect data to outline the profile
    of these detainees, interviews with those involved in imposing such a regime, with the ultimate
    goal of understanding the influence of the imposition of this disciplinary sanction on the life of
    the inmate within the prison dynamics and in society outside.

12
  • GERIVALDO ALVES NEIVA
  • From marmitex to STF: the debate on the unconstitutionality of article 28 of the Drug Law

  • Advisor : RICCARDO CAPPI
  • COMMITTEE MEMBERS :
  • MARCELO DA SILVEIRA CAMPOS
  • MARIANA THORSTENSEN POSSAS
  • RICCARDO CAPPI
  • Data: Jul 20, 2023


  • Show Abstract
  • This research, for the purpose of obtaining a master's degree in Public Security, Justice and Citizenship/MPSPJC, from the Program of Studies, Research and Training in Public Security Policies and Management - PROGESP - Federal University of Bahia, intends to analyze the legal debate in around the unconstitutionality of article 28 of Law 11.343/06, which typifies the personal use of drugs as a crime, based on the arguments presented in the documents of the process that resulted in the conviction of a detainee in the prison system of Diadema (SP) for possession of 03 grams of marijuana packed in a "marmitex" in his cell and in the Extraordinary Appeal before the Federal Supreme Court (STF) to declare the unconstitutionality of the article of the law. The process contain the initial document from the Public Prosecutor's Office (Denunciation), backed by a police investigation, the sentence handed down by the first instance, the appeal to the São Paulo Court of Justice, opinions of the Public Prosecutor's Office, petitions from the Public Defender's Office of São Paulo and, finally, the Extraordinary Appeal to the Federal Supreme Court (STF), whose object is the declaration of the unconstitutionality of the mentioned article of the law , on the basis of the violation of the constitutional principles of the inviolability of the user's intimacy and private life. In addition to these documents, the reasons and arguments expounded by the “amicus curiae” who offered written allegations at the time of qualification will also be objects of research. It is intended, at the end, to analyze the arguments for and against the declaration of unconstitutionality in search of some theoretical formulation based on the data found.

13
  • DIANA DEYSE CARDOSO DE SANTANA
  • Arrested by others and by themselves: a gender analysis of judicial decisions of custody hearings in the city of Salvador-Bahia

  • Advisor : DANIEL NICORY DO PRADO
  • COMMITTEE MEMBERS :
  • ALESSANDRA RAPACCI MASCARENHAS PRADO
  • DANIEL NICORY DO PRADO
  • SALETE MARIA DA SILVA
  • Data: Jul 26, 2023


  • Show Abstract
  • This research sought to understand the peculiarities that involve the condition of women in conflict with the law and the decarcerizing potential of the custody hearing to mitigate female over-incarceration. For that purpose, contributions from critical criminology, intersectionality theory and feminist epistemologies were adopted as
    theoretical tools. The cases of 307 women who were taken to a custody hearing in the city of Salvador between 2018 and 2019 were analyzed in order to understand whether the court decisions handed down in a custody hearing considered gender issues. It was possible to conclude that although the rate of granting provisional release is higher than that of decreeing preventive detention, the rights of women in custody, as well as their personal conditions and other elements that must be considered by the judge in the analysis of their imprisonment do not they have been observed.

14
  • JOSÉ DE SOUZA BRANDÃO NETTO
  • Effectiveness of emergency protective measures and actions by the judicial police and criminal justice, in the opinion of the victim of domestic violence, against women, in the region of Araci-Ba

  • Advisor : DEQUEX ARAUJO SILVA JUNIOR
  • COMMITTEE MEMBERS :
  • DEQUEX ARAUJO SILVA JUNIOR
  • MONICA DE MELO FREITAS
  • NÁGILA MARIA SALES BRITO
  • Data: Jul 27, 2023


  • Show Abstract
  • The fight against domestic violence against women is a public, social and complex problem within
    Public Security, requiring studies and research for the prevention and judicial control of this social
    problem, due to the growth of infractions in the country. Violence against women originates from the
    unequal construction of the place of women and men in the most diverse societies. Thus, gender
    inequality is the basis of all forms of violence and deprivation against women. The publication of the
    Maria da Penha Law in Brazil (law 11.340/06), named after the violence suffered by the victim Maria
    da Penha Maia Fernandes, tried to minimize the problem of impunity for domestic violence against
    women. This Law created mechanisms to prevent and curb domestic and family violence against
    women in accordance with the Federal Constitution. However, what has been seen is a growing
    number of occurrences of aggression and crime against women, which is a serious violation of human
    rights; it is not by chance that the expression “human rights of victims” was created in opposition to
    the system taught in law schools, which have always prioritized the human rights of perpetrators of the
    crime, in a true inversion of values, often alienating the student body, this all reflects on the education
    system of graduates and postgraduates, generating an inverted analysis of who is the real victim of the
    crime. Realizing this and in view of the recurrent numbers of domestic violence, it was decided to
    carry out a study giving priority to the human rights of the victims, with a view to providing a more
    effective service to this public. As a result, interviews were carried out with victims of domestic
    violence so that they could inform us about the causes of the violence to which they are victims, the
    socioeconomic situation of those involved, their level of education and what perception they have of
    the actions of the Civil Police and the Criminal Justice to face the problem, especially the Urgent
    Protective Measures – MPUs. Given the relevance of this initiative, the present work verified the
    effectiveness of these actions, in the view of the victims, with emphasis on the MPUs and their
    effectiveness, and the work begins by conceptualizing the institutes related to domestic violence
    against women, exploring concepts in victimology and legislation on the subject, as well as analyzes
    the role of the police in facing the problem. In the end, the statistics of the questionnaires answered by
    the victims were brought, throughout the research of 460 processes in the District of Araci-BA, in the
    period from 2019 to 2022. In the last topics of the work, suggestions are made for solutions to reduce
    domestic violence and family against women, as well as a chapter dedicated to the effectiveness of the
    judicial police and the judiciary regarding the proposed theme. In this path, the improvement and
    commitment of the actors involved allowed to observe the increase in the level of satisfaction of the
    victims in the service, until then, offered, capable of directly influencing the effective reduction of the
    rates of violence against women in the aforementioned District. In conclusion, it appears that despite
    the mishaps of the research, it is inferred that, if it is not possible to eliminate domestic and family
    violence against women, at least a satisfactory state response has been achieved, at least, in the
    opinion of the victim.

15
  • TÂMARA RODRIGUES DE SOUZA CUNHA
  • THERE IS NO RESTORATIVE JUSTICE WITHOUT SOLIDARITY: Thematic analysis on the practices carried out in Cejusc Lapinha of the Court of Justice of Bahia in the light of Art. 3, I of the Federal Constitution of 1988.

  • Advisor : DANIEL NICORY DO PRADO
  • COMMITTEE MEMBERS :
  • ANA CLARA DE REBOUCAS CARVALHO
  • CLAUDIA ALBAGLI NOGUEIRA SERPA
  • DANIEL NICORY DO PRADO
  • Data: Jul 27, 2023


  • Show Abstract
  • Solidarity, among its most diverse conceptions, is provided for in art. 3, I, of the
    Constitution of the Federative Republic of Brazil as one of the Objectives of the
    Republic. Next to it, Restorative Justice, considered at times a vision, a paradigm, an
    alternative, a method for conflict management, among other meanings, has been
    systematically propagated since 2005 in Brazil, through the Judiciary, winning in the
    last 5 (five) years, several norms published by the National Council of Justice, starting
    from Resolution n. 225/2016, which was an important milestone for regulating practices
    on national soil. It is in this scenario that the present research is developed, seeking to
    study the relationship of this constitutional principle and its materialization, through
    restorative practices. From the analysis of the content of different types of
    communications contained in interviews of the facilitators of Restorative Justice who
    work in the Judiciary Center for Consensual Conflict Resolution - Cejusc Lapinha of the
    Court of Justice of Bahia, analysis of the agreements signed after the performance of
    these facilitators in the forwarded processes to this Center, in the last 5 (five) years, and
    finally in the theoretical references about restorative thinking, its historical development
    and definition, as well as about the term solidarity, the interpretation of the research
    object was built. A qualitative exploratory methodology was used, through Bardin's
    Content Analysis research tool and through the Thematic Analysis Technique or also
    known as Categorical Analysis, in which it sought to identify the relationship between
    these two categories, verifying the correspondences expressed by the sources mentioned
    above, through the evaluation of the information revealed in these data. Finally, with the
    systematization of the study of Restorative Justice practices in Bahia in the context of
    Cejusc Lapinha, which has exclusive competence in Restorative Justice, seeking to
    understand the perception of facilitators about the connection with the third dimension
    fundamental right.

16
  • ADRIANA SALES BRAGA
  • Between bars: a study on the effectiveness of public policies aimed at LGBTQIA+ inmates in the Bahian penitentiary system

  • Advisor : CLAUDIA MORAES TRINDADE
  • COMMITTEE MEMBERS :
  • CHRISTIANE RUSSOMANO FREIRE
  • CLAUDIA MORAES TRINDADE
  • FRANKLIM DA SILVA PEIXINHO
  • MARCOS ADRIANO SILVA LEDO
  • ODILZA LINES DE ALMEIDA
  • Data: Jul 27, 2023


  • Show Abstract
  • This study aims to investigate the following research problem: is there effectiveness of public policies aimed at the LGBTQIA+ community in the penitentiary system in Bahia? To respond to the research problem, it is necessary to understand the circumstances of vulnerability experienced by LGBTQIA+ inmates in the Bahian prison system, to know the legal and specific provisions, as well as public policies aimed at the LGBTQIA+ community, in deprivation of liberty. In addition, we sought to identify possible solutions to the problem, from the perspective of combating violations of the rights of LGBTQIA+ inmates, implying the effectiveness of public policies, with the aim of rescuing citizenship and social integrity. As a general objective, we sought to analyze the situation of the LGBTQIA+ community in the Bahian prison system. To reach this point in the research, this dissertation was based on a look at the historical development of the LGBTQIA+ community, reflecting on the main struggles that were faced by this community. Also, it identified the special conditions of the LGBTQIA+ community inmates in Brazilian prisons and the implementation of the first specific wings for the community. Furthermore, legislative, jurisprudential and doctrinal data on the treatment given to the LGBTQIA+ community in the Brazilian prison system and in comparative law were verified. And, finally, the reality of the LGBTQIA+ community in Bahian prisons was diagnosed, with the aim of investigating the effectiveness or not of public policies for LGBTQIA+ detainees in the State of Bahia. It is noteworthy that interviews were conducted with directors of the main prisons in Bahia and with their respective LGBTQIA+ inmates, as well as with the board of DEPEN. As for the applied methodology, the hypothetical-deductive method was used, with a predominant qualitative approach, which consists of the interpretative analysis of the exposed concepts, correlating them to the phenomenon studied and allowing the evaluation with a focus on new concepts that involve the LGBTQIA+ theme, investigating the dimension of its particularities, including at the national level, notably in view of the scarcity of scientific material on the theme focused on the imprisonment of LGBTQIA+ people. As results, the research pointed to the lack of effectiveness of existing public policies, which are not limited to the creation of specific wards/living spaces, such as periodic training of managers and servants of the prison system; compliance with the guidelines of CNJ resolutions and of DEPEN's technical norms related to the LGBTQIA+ theme; the lack of adequate provision of health treatment, such as hormone therapy, and that the LGBTQIA+ community's prison experience still demands continuity of study and real investment by the State.

17
  • MARILIA PEREIRA MARQUES MARINHO
  • RESTORATIVE JUSTICE IN THE COURT OF JUSTICE OF BAHIA: A CRITICAL HISTORICAL ANALYSIS OF ITS
    INSTITUTIONALIZATION

  • Advisor : HOMERO CHIARABA GOUVEIA
  • COMMITTEE MEMBERS :
  • CARLOS ALBERTO MIRANDA SANTOS
  • EFSON BATISTA LIMA
  • HOMERO CHIARABA GOUVEIA
  • Data: Jul 28, 2023


  • Show Abstract
  • Restorative Justice (JR) is an innovative approach to the justice system that seeks to
    promote collaborative conflict resolution focused on restoring relationships and repairing
    the damage caused. This study presents a historical critical analysis of the implementation
    of Restorative Justice in the Court of Justice of Bahia (TJBA), with the general objective of
    understanding the development, c hallenges and impacts of this approach in the legal
    context of Bahia. The research methodology was based on a systematic literature review,
    which covered official documents, legislation, academic studies and reports related to the
    implementation of Restora tive Justice in TJBA. The rationale for this study lies in the
    growing relevance of Restorative Justice as an alternative to the traditional justice system,
    especially in relation to reducing criminal recidivism, restoring victims and building more
    resilie nt and cohesive communities. In the context of TJBA, JR has been gradually
    implemented in different areas of the justice system, but it still faces challenges, such as
    cultural resistance, resource limitations and the need for continuous training of the
    pr ofessionals involved. Finally, this study is of paramount importance in view of the
    potential of Restorative Justice to transform the way conflicts are addressed in the Bahian
    justice system, promoting a culture of dialogue, empathy and accountability. Fur thermore,
    this historical critical analysis can provide valuable insights for other courts and
    institutions interested in implementing restorative approaches in their legal practices.

18
  • VIVIANE BACELAR MORAIS SARMENTO RIOS
  • REMOTE TECHNOLOGIES AND PUBLIC MANAGEMENT AT THE SERVICE OF CITIZENSHIP: a case study on the impacts of implementing telework in the Regional Electoral Court of Bahia

  • Advisor : MARIA CAROLINA DE SOUZA SAMPAIO
  • COMMITTEE MEMBERS :
  • ARLINDINO NOGUEIRA SILVA NETO
  • HORACIO NELSON HASTENREITER FILHO
  • JAIME BARREIROS NETO
  • MARIA CAROLINA DE SOUZA SAMPAIO
  • Data: Aug 14, 2023


  • Show Abstract
  • The advancement of technologies, the development of networks and the emergence of
    the internet, forge a new culture, the digital culture, an indelible mark of the
    computerized society. These social changes also impact the world of work, and in order
    to survive in this new environment, public and private organizations are seeking new
    alternatives for their businesses and activities. It is within this changing environment
    that telecommuting stands out as a current alternative for labor management. In the
    context of the pandemic, triggered by the new coronavirus (SARCOV-2), the telework
    regime, which was already gaining notoriety in work organizations in Brazil and in the
    world, receives a special boost. Despite the working modality of telework having
    already been regulated within the scope of the Judiciary, the Regional Electoral Court of
    Bahia (TRE-BA), until the present moment, does not have effective norms or a project
    aimed at its implementation. In this regard, Administrative Resolution No. 3, published
    on February 18, 2020, by TRE-BA, superficially touched on the aforementioned theme.
    Thus, this research aims at the effective implementation of telework in the agency. This
    is because, it is understood that the rational use of the workforce and a better
    performance in the delivery and quality of services provided to society through
    technologies, is something necessary, notably in a jurisdictional body, which finds in
    technological solutions one of their distinctive marks before society. As for the
    methodological approach, the research is classified as qualitative and quantitative,
    which proves to be adequate when it comes to the analysis of social phenomena with
    accentuated complexity. With regard to the objectives, the research can be categorized
    as exploratory and descriptive. The technique of document analysis was used, which,
    according to Godoy (1995), has an extremely important role in a qualitative approach,
    because in that research technique documents can become a rich source of data and help
    the researcher in the study. of the analyzed phenomenon. In the research, various types
    of institutional documents were used, such as ordinances, resolutions, and also books,
    articles, theses and dissertations. The research can also be classified, in view of its
    strategy, as a case study to be carried out in a public agency with state coverage, which
    during the beginning of the pandemic caused by COVID-19 adopted telecommuting for
    almost all of its servers and interns. As for data collection, it occurred through
    documentary research and the application of questionnaires to the agency's employees.
    Regarding the analysis of the collected data, all the advantages and most of the

    disadvantages of teleworking, reported in the literature, were confirmed, and most of the
    participating servers see this work modality as positive. The results also point to a path
    for the development of telework practices, in case of effective implementation, which
    should occur through two forms of action, namely, using mechanisms that help to
    balance the professional activities and personal lives of employees. servers in telework,
    paying greater attention to infrastructure, technology and psychological support, and
    creating management and control tools that aim to reduce managers' lack of experience
    in managing people in this work model, seeking equality in the recognition and
    evaluation of teleworkers. Furthermore, from the figures presented, the positive points
    outweigh the adversities. It is necessary to point out that the evidence of this study
    shows that, despite the notable benefits, there are great challenges to be overcome, if
    you decide to use this form of work continuously in the body. In this way, it is
    concluded that the correct and orderly implementation of this work modality can bring
    gains to the management of the TRE-BA workforce which, therefore, can increase the
    quality of the services provided by the Bahian Electoral Court, which ultimately is
    willing to guarantee the legitimacy of the electoral process, the free exercise of the right
    to vote and be voted for, and the strengthening of democracy.

19
  • ERIKA BOAVENTURA DE MENEZES
  • Women Imprisoned for Drug Trafficking in Feira de Santana, Bahia: profiles, contexts and criminal trajectories

  • Advisor : MILTON JULIO DE CARVALHO FILHO
  • COMMITTEE MEMBERS :
  • SILVIA DOS SANTOS DE ALMEIDA
  • IVETE MARIA SANTOS
  • MILTON JULIO DE CARVALHO FILHO
  • Data: Aug 23, 2023


  • Show Abstract
  • This research had as interlocutors the women arrested and convicted for the crime of drug
    trafficking, and who are serving time in the Penal Complex of Feira de Santana - BA. This
    choice was basically due to the progressive increase in the number of women in prison, in Feira
    de Santana in the State of Bahia and, practically, throughout the country. This implies the need
    to uncover this universe, in order to understand the motivations for the increase in the
    imprisonment of women, most of them black, arrested for different levels of involvement with
    drug trafficking. The research seeks to understand how women imprisoned for drug trafficking
    in Feira de Santana-BA understand their stories and life path to prison. It seeks to understand
    the vulnerability of women to how ties can be related to imprisonment for drug trafficking.
    Finally, it is intended to analyze how the profile of women incarcerated for drug trafficking in
    Feira de Santana-BA allows indications of policies aimed at care. From the methodological
    point of view, the research adopted a qualitative perspective, analyzing the medical records of
    18 incarcerated women who are serving a provisional or definitive sentence and the interview
    of 07 women convicted of drug trafficking in the Women's Penitentiary Complex in Feira de
    Santana - Bahia. Data analysis and discussion were subdivided into the following steps: analysis
    of social data related to imprisonment, analysis of family history before incarceration, analysis
    of family ties after incarceration, and future family perspective of the inmates.

20
  • LIZ REZENDE DE ANDRADE
  • THE USER OF ILLICIT DRUGS AND COMPULSORY HOSPITALIZATION: The fundamentals analysis of the decisions of the Court of Justice of Bahia.

  • Advisor : IVETE MARIA SANTOS
  • COMMITTEE MEMBERS :
  • DANIEL NICORY DO PRADO
  • IVETE MARIA SANTOS
  • PATRICIA MAIA VON FLACH
  • Data: Aug 30, 2023


  • Show Abstract
  • The present study seeks to analyze the grounds used by magistrates in decisions that dealing with the compulsory hospitalization of illicit drug users within the scope of the Court of Justice of Bahia, on appeal. It also aims to trace the sociodemographic and epidemiological profile of these patients and analyze the forms of health treatment used prior to hospitalization. The analysis were through documentary research circumscribed to judicial decisions. The temporal delimitation of the research corresponds to the period from 2014 to 2021, being analyzed, by sampling, 13 (thirteen) pieces that had similarities. The result of the study pointed to the existence of a distortion of the use institute of compulsory hospitalization as a way of ensuring the right to mental health, the inefficiency of the Psychosocial Care Network (RAPS) in the State of Bahia and the persistence, in the social imaginary, of the model institutionalization as the most effective alternative for the care of patients in mental distress.

21
  • FATIMA LAURENIA SARAIVA DE PAULA PESSOA
  • LEGAL PERCEPTIONS ON HOMO/LESBO/TRANSPHOBIA IN THE STJ FROM THE PERSPECTIVE OF GENDER AND SEXUALITY STUDIES

  • Advisor : RUBENILDA SODRE DOS SANTOS
  • COMMITTEE MEMBERS :
  • DIANA ANUNCIAÇÃO SANTOS
  • RUBENILDA SODRE DOS SANTOS
  • SALETE MARIA DA SILVA
  • Data: Aug 31, 2023


  • Show Abstract
  • Brazil has been consolidating itself as an extremely violent country for LGBTQIA+ population. In 2022 alone, there were 273 deaths of people from this community in the country, of which 228 were murders, 30 were suicides and 15 were due to other causes, according to the Dossier “Deaths and Violence against LGBT+” in Brazil, released in 2023. Brazil is also the country where most trans people (transvestites and transsexuals) are killed in the world, having registered 329 deaths in 2019, according to the non-governmental organization Transgender Europe (TGEU). Faced with this alarming reality, and considering the relevant role of the Judiciary in the sense of guaranteeing the fundamental rights established in the Federal Constitution of 1988, this research sought to investigate the perceptions of the Superior Court of Justice (STJ), through its decisions, about crimes with homo/lesbo/transphobic motivation, over the period 1998-2022. Therefore, a search was carried out in the repository of the site of that Court on the internet, using the descriptor terms: “homophobia”; “transvestite”; “transsexual”; and “transgender”. A total of 13 (thirteen) judgments were selected, which were analyzed and further classified into: conservative decisions; neutral/impartial decisions; and progressive decisions – categories
    developed for this research, based on the literature. Of the 13 judgments, 02 (two) were classified as conservative; 07 (seven) as neutral/impartial; and 04 (four) as progressive. The analysis of the results allowed us to conclude that the decisions expressed in the judgments issued by the STJ over the last 24 (twenty-four) years are neutral/impartial, the Court being, therefore, still far from fulfilling a progressive role in the sense of safeguard the physical and moral integrity of the portion of the Brazilian population that identifies as LGBTQIA+. Thus, although it does not allow inferring a reactionary profile to the Court in question, the smaller number of conservative judgments cannot be confused with a positive signal of guaranteeing the right to safety and human dignity to the LGBTQIA+ population in the country, given the also reduced number of decisions that move in that direction.

22
  • EDMILSON JATAHY FONSECA JUNIOR
  • Electoral judge activity and Fake News: an review of the literature and perception of practice.

  • Advisor : SONIA CRISTINA LIMA CHAVES
  • COMMITTEE MEMBERS :
  • JAIME BARREIROS NETO
  • SAMUEL ANDERSON ROCHA BARROS
  • SONIA CRISTINA LIMA CHAVES
  • Data: Sep 12, 2023


  • Show Abstract
  • This dissertation deals with the communicative phenomenon of Fake News in elections and its relation to the activity of the electoral judge. The research aimed to analyze the scientific and legal productions about the theme, and the perception of the professionals in question, as well as to characterize the main theoretical and methodological approaches about Fake News and the possible ways to fight them in the electoral process. To this end, methodologically, a qualitative approach was developed that included two types of data collection. One was an review of the scientific literature on Fake News, synthesizing knowledge by combining data from theoretical and empirical studies. This review was conducted in five stages, following the guiding question defined in the first of them: "How to prevent fake news from negatively interfering with the conduct of the electoral process?" For the bibliographical survey, three criteria were taken into account: search source; geographical origin of the publications; and descriptors defined for the study. The search for articles was followed by the selection of those in conformity with this research, critical analysis of the selected material, and systematization of the analyzed content. The other stage of data collection was the execution of exploratory semi-structured interviews with four electoral judges of the state of Bahia, aiming to build, with their perspective, a notion about the role these professionals play in the confrontation of Fake News. The semi-structured format allowed the interviewees to expose in their own way how they deal with the questions asked, while ensuring the fulfillment of the objectives of the interview script designed for this purpose. The main topics asked involved the occurrence of lawsuits related to fake news and the perception of these judges regarding the State mechanisms and the legal field to face the phenomenon in elections. The interviews were conducted after the 2022 election period, in person or virtually, with an average duration of 21 minutes each. Having been recorded and later transcribed, these speeches were then analyzed by reading, considering in this procedure the researcher's experience and understanding of the ideas explained by the interviewees. The discourse analysis operationalization occurred through the division of the collected answers, which served as a basis for the elaboration of six descriptive categories. Next, this content was combined with the data systematized in the integrative review, resulting in the conclusive contributions of this work. As is typical of integrative reviews, these conclusions also include the researcher's reflections on the results obtained. These revealed as a new aspect about Fake News that the phenomenon represents a window to the serious moment of crisis, which extends to the political system, the press, education and, consequently, the judiciary. Hence the relevance of the proposal of practical action in the educational field that this work presents through the structuring of the "Ethical-Media Education Course", to be given to the servers of the courts in Bahia, in order to enable them to identify Fake News and awaken them to the seriousness of the historical moment on the subject.

23
  • FÁBIO MONTEIRO SANTOS LIMA
  • Online Voting: possibilities and limits in light of democratic principles

  • Advisor : FRANCISCO BERTINO BEZERRA DE CARVALHO
  • COMMITTEE MEMBERS :
  • JOSAFÁ DA SILVA COELHO
  • FRANCISCO BERTINO BEZERRA DE CARVALHO
  • JAIME BARREIROS NETO
  • Data: Sep 22, 2023


  • Show Abstract
  • This work is inserted within the context of permanent transformation of democracy, notably due to the increasing impact of technological advances in modern representative governments. Thus, we seek to analyze the feasibility of adopting online voting in Brazil in light of the democratic principles of the constitutional matrix. The choice of the constitutional approach was made because any change in the voting system must, without a doubt, take into account the fundamental rights that are fundamental to all Brazilian citizens, namely the right to secrecy and freedom to vote, which are reinforced by the the very idea of popular sovereignty that underlies the entire constitutional-electoral structure of Brazil. Thus, the problem to be debated in this study is presented – that is, the search for modern mechanisms that guarantee the fairness of the process at the same time that they materialize the fundamental guarantees of the citizen. Based on bibliographical and documentary research, the democratic principles and their purposes were analyzed, the importance of voting for the quality of a democracy, in addition to the formal and material legitimacy of the electoral procedure. In addition to the doctrine-based study, a comparative analysis was carried out with practical experiences where online voting already exists, such as Estonia, which has a pioneering digital voting system (i-voting). In the end, conclusions were presented regarding the compatibility or otherwise of adopting such a voting system in view of the citizen's constitutional guarantees.

24
  • JANIERE PORTELA LEITE PAES
  • Gender quotas in proportional elections in the municipality of Camaçari-BA, in the 2016 and 2020 elections: from applications to campaign financing

  • Advisor : JAIME BARREIROS NETO
  • COMMITTEE MEMBERS :
  • ANA CLAUDIA SANTANO
  • ANA CLARA DE REBOUCAS CARVALHO
  • JAIME BARREIROS NETO
  • Data: Oct 4, 2023


  • Show Abstract
  • Faced with the observation of the under-representation of women in spaces of power, especially in politics in our country, this research proposes to analyze the application of gender affirmative actions in proportional elections in the municipality of Camaçari-BA, in the period between 2016 and 2020, with the objective of understanding how gender quotas, applied to candidacies and electoral campaign financing resources, contributed to the participation of women in the Camaçari parliament, in the mentioned period. To this end, a qualitative and quantitative methodology was used, through a literature review, collection and analysis of statistical data and public documents from the candidacies and the accounts of the candidates, available on the candidacy and statistics portal of the Superior Electoral Court, as well as in the unified public consultation portal of the Electronic Judicial Process system. After collecting and analysis of these data, in the light of feminist epistemology, it was possible to verify that, although gender quotas were formally fulfilled in the last two proportional elections in the municipality of Camaçari, women managed to achieve a small expansion of their representation in 2020, but the candidates with the highest number of votes did not receive funds from the Special Electoral Campaign Fund or the Party Fund. On the other hand, the candidates who received the largest transfers of the said funds obtained very low votes, increasing the average cost of voting with public resources, which possibly demonstrates evidence of alleged deviation of purpose in the application of these public resources, which are intended to encourage the inclusion of women and black people candidacies, essential pillars for building an egalitarian and plural democracy.

25
  • MARCIA PEREIRA LOPES
  • Limits to abuse in electoral propaganda on social media: Diagnosis based on resources from Vitória da Conquista in the 2020 Elections

  • Advisor : RUBENILDA SODRE DOS SANTOS
  • COMMITTEE MEMBERS :
  • ANA CLARA DE REBOUCAS CARVALHO
  • FRANCISCO ALVES DOS SANTOS JUNIOR
  • RUBENILDA SODRE DOS SANTOS
  • Data: Oct 5, 2023


  • Show Abstract
  • Limits to abuse in electoral propaganda on social media is the subject of this study. It is worth clarifying that, in this case, limits are considered to be the preventive or repressive instruments, both judicial and extrajudicial, existing and to be proposed to prevent abuses in electoral campaigns carried out on digital platforms accessible to the general public. In this context, abuse is defined as any act that violates fundamental rights, whether collective or individual, provided for in the Brazilian Federal Constitution of 1988 (CF/88), as well as those that disrespect the infra-constitutional legislation about the matter. However, the the big question to be faced in this work, that is, the problem we are seeking to solve, is how to impose limits on the most frequent abuses without, although, mitigating the right to freedom of expression and free access to information. Based on this premise, the general objective was to critically analyze the tools available to combat abuses in the context of electoral propaganda, more strictly those disseminated through the most commonly used social media, initially identified as Instagram and Facebook. And, more specifically, to suggest preventive and repressive measures, as well as to look for flaws and gaps in the national legislation, for the purpose of detect them, indicating a way for possible inconsistencies to be remedied. In this path, the aim is to help reduce conflicts involving irregularities related to electoral propaganda and, consequently, to help reduce the number of lawsuits involving the matter and resulting from the use of new social media. Thus, in order to justify the choice of theme, exploratory quantitative research was carried out in the database of the Regional Electoral Court of Bahia (TRE-BA), to demonstrate the growing number of lawsuits involving the subject. In parallel, qualitative research was also carried out, through a literature review (bibliographic research), analysis of posts made on social media and object of representation in legal proceedings in the municipality of Vitória da Conquista in the 2020 Elections, sent to the Electoral Court of Bahia in degree resource.

26
  • BIANCA PENÉLOPE SOUZA NASCIMENTO MAGALHÃES COSTA
  • DIGITAL TOOLS FOR DEMOCRATIC POLITICAL PARTICIPATION: NEW POSSIBILITIES AND CHALLENGES

  • Advisor : JAIME BARREIROS NETO
  • COMMITTEE MEMBERS :
  • HORACIO NELSON HASTENREITER FILHO
  • JAIME BARREIROS NETO
  • JOSAFÁ DA SILVA COELHO
  • Data: Oct 18, 2023


  • Show Abstract
  • Considering that the themes of Democracy and Information and Communication Technology (ICT), previously so distant, have become increasingly closer in the private sphere and, above all, in the public sphere, the aim of this work is to carry out a more attentive analysis of the current system procedural aspects of one of the characteristic instruments of direct democracy - popular initiative law -, and on the electoral procedure for forming a political party, both of which are little explored by scholars regarding the effectiveness of its operationalization. In this study, the plesbicite and referendum are no longer covered due to the differences in the way they are carried out. Analyzing the difficulties faced by voters and public bodies themselves in meeting formal requirements, we investigate how new technologies available on the market could add effectiveness to the popular use of such democratic participation mechanisms, promoting true incentive for political-democratic engagement. To this end, it urges us to delve into representative and participatory democratic constitutional theory; in the evolution in the use of ICTs in the public sphere as a political-democratic instrument, without disregarding the important economic and social challenges that exist in the Brazilian reality; as well as the modernizing role of the Electoral Court in offering its services. Furthermore, it is important to bring into the discussion considerations regarding the topic of digital democracy and the protection of personal data promoted by the General Data Protection Law – LGPD and its applicability in the Electoral Court. In the end, it is proposed to carry out the aforementioned procedures digitally, through the use of the TSE's national biometric registration, in order to improve the functionalities of the Superior Court's E-Título application.

27
  • THAIS RAMOS TRINDADE
  • MY BLACK SKIN IN MY SECOND SKIN: Racism and Mental Health of the military police officer.

  • Advisor : ANDRE LUIS NASCIMENTO DOS SANTOS
  • COMMITTEE MEMBERS :
  • ROSIANE RODRIGUES DE ALMEIDA
  • ANDRE LUIS NASCIMENTO DOS SANTOS
  • CARLOS ALBERTO MIRANDA SANTOS
  • DENICE SANTIAGO SANTOS DO ROSÁRIO
  • Data: Oct 20, 2023


  • Show Abstract
  • Racism is a systematic tool that alters the mental health of black people, through processes of rejection and dehumanization, which systematically shreds subjectivity and individuality, changing the positive self-perception. Certainly this type of violence has common points when directed at men and women, but it also brings, in its core, peculiarities due to gender oppression, which black women are subject to. Faced with this central scenario of changing mental health, promoted by racism directed at black bodies, this research has the general objective of investigating the impact of this systematic tool of violence on the mental health of those people who have a double mark: a black skin and a uniform, like your second skin: military police officers of the Military Police of Bahia. And as specific objectives, to present the general scenario through the concept of Coloniality as a founding matrix in the formation of modern society, to demonstrate the consequences of this process in the construction of the subjectivity of the black population in a racialized society, to analyze the impacts of racism on the mental health of black person in uniform in the Military Police of Bahia and finally, to present the Sankofa project as a Public Security technology.

28
  • SIRLEI CAROLINE ALVES SANTOS
  • . Women's participation in politics: an analysis of female representation in municipal elections in Monte Santo.

  • Advisor : ANDREIA CRISTINA LEAL FIGUEIREDO
  • COMMITTEE MEMBERS :
  • ANDREIA CRISTINA LEAL FIGUEIREDO
  • ARNALDO DE FRANCA CALDAS JUNIOR
  • SONIA CRISTINA LIMA CHAVES
  • Data: Oct 26, 2023


  • Show Abstract
  • This study is a research on female participation in the electoral contest in the city of Monte Santo, in the state of Bahia, aiming, in general terms, to evaluate the context of insertion of women candidates for councilors in the municipality of Monte Santo in the elections of 2020 and, specifically, describe the candidates for councilors in this municipality according to socio-demographic, party and political capital variables, analyze the candidates' campaign experience and their performance in political parties, specifically in the process of choosing candidates, as well as the obstacles institutional and non-institutional women's access to candidacy and the exercise of councilorship; and verify whether there are spaces for effective decision-making power in the exercise of the political position held by elected officials in the municipality and whether they seek to represent feminist interests and agendas. This study is necessary, as there are few scientific analyzes regarding women's access to spheres of power in the state of Bahia, notably within the scope of municipal legislative power. This work has a theoretical framework structured into four sections. In the first two sections, it focuses on feminist issues throughout general history, as well as the crisis of contemporary democracies. In the following two sections, feminism and its achievements in the Brazilian historical context are discussed, moving on to examine the problem of low female participation in electoral elections in Brazil and the regulations aimed at mitigating this problem. It is an exploratory study, of a quantitative and qualitative nature. Semi-structured interviews were carried out with elected and non-elected candidates in the 2020 municipal election. From the data collected, it was possible to observe institutional barriers to women's participation in formal politics, such as lack of effective party support and financing and, in this quadrant, that the context of Monte-Santo portrays the absence of party mechanisms capable of facilitating in this local space the engagement of Monte-Santenses in the structure and dynamics of parties and in the processes of raising female candidacies, electoral disputes and the full and effective exercise of councilorship, as well as non-institutional barriers, such as lack of financial resources and time availability, imprisonment of women in private space and a local political culture that is not very inclusive.

29
  • MARCELO BARRETO SANTANA
  • FREEDOM TO VOTE IN REGIONS WITH GREATEST VULNERABILITY TO URBAN VIOLENCE - STUDY OF THE COROADO COMMUNITY IN THE NEIGHBORHOOD OF SÃO MARCOS IN SALVADOR-BAHIA

  • Advisor : CLOVIS ROBERTO ZIMMERMANN
  • COMMITTEE MEMBERS :
  • ANA CLARA DE REBOUCAS CARVALHO
  • CLOVIS ROBERTO ZIMMERMANN
  • JOSAFÁ DA SILVA COELHO
  • Data: Nov 9, 2023


  • Show Abstract
  • The present work seeks to discuss in which ways the freedom enacted during the right to vote may be influenced by the voter’s environment – in other words, if urban violence increases voters’ vulnerability – by analyzing the case study of the Coroado Community, in the São Marcos district (Salvador-BA, Brazil). The singular context of that community was considered. Besides being marked by the ruling criminality present in the peripheral suburbs of Salvador, it also bears an important characteristic of interest: the existence of a polling place selected by the Brazilian Electoral Justice Department. Grounded on concepts correlated with the territorialization of violence in urban spaces and the Brazilian colonization process, and based on information obtained on interviews with voters, this work analyses the consequences in the exercise of citizenship. Moreover, it discusses the risks posed by the idea of substituting printed vote for electronic voting – a topic frequently mentioned in the media – in an environment where voters are already more vulnerable to violence. In any case, what is clear is that the presence of electoral campaign on the runoff election day (where there are only two candidates) in a community ravaged by the ruling of criminals influenced the results obtained in the ballots in its polling places. Therefore, the institutional mission of the Electoral Justice Department, to guarantee the legitimacy of the electoral process and the freedom to vote in order to strengthen democracy, should also include voters’ perception, for it constitutes an element of a reality plagued by many manifestations of violence. To mitigate the influence of criminality on the electoral process in such scenario, adopting administrative measures – something less complex than legislative proposals and less costly than public safety policies – is essential to guarantee the constitutional right to vote freely, thus making the proceedings of the Electoral Justice more effective.

30
  • EDERLAN ANTONIO DE JESUS
  • Military Police of Bahia and Restorative Practices in Public Schools in the Municipality of Ipiaú: a case study on the Coração de Inta Project

  • Advisor : MILTON JULIO DE CARVALHO FILHO
  • COMMITTEE MEMBERS :
  • ANA CLARA DE REBOUCAS CARVALHO
  • ISABEL MARIA SAMPAIO OLIVEIRA LIMA
  • MILTON JULIO DE CARVALHO FILHO
  • Data: Nov 24, 2023


  • Show Abstract
  • Military police. Public schools. Restorative PracticesThis research is based on the observation and experimentation of the actions of the Coração de Tinta Project in the city of Ipiaú, an initiative that emerged in July 2018, in the District of Ipiaú, integrating institutions and the community, for the development of restorative practices. It expanded through the relationship between Restorative Justice and Public Security and the involvement of various social segments, including schools. Thus, the object of this research arises from the need to understand and recognize the elements of a collective memory originated by the integration between the Military Police, the School and Restorative Justice, whose efforts focused on the search for solutions to contain the spread of violence that afflicts the school community in the municipality. This is a reality experienced by most schools in the city of Ipiaú, which suffers from the influences arising from problems related to the drug market and its connections, making the challenges for implementing mitigating proposals even greater. The general objective of this work is to systematize the application of restorative practices, based on the recognition of the collective memory of the participants of the Tinted Heart Project, aiming to establish an institutional memory of the Military Police of Bahia on restorative justice actions. The specific objectives are: 1. Analyze the influence of restorative practices on the relational interactions of the school community and the relationship with the military police; 2. Know and relate the functioning of restorative practices as tools for transforming conflicts, preventing violence and promoting a culture of peace. 3. Discuss the applicability of restorative practices, based on the principles of horizontality, voluntariness, consensuality and confidentiality, given the intrinsic contrasts of police force mechanisms; 4. Develop a systematized procedural model to support restorative police action in public schools and create records to validate institutional memory. The methodological perspective was drawn from a Case Study, linked to the collective memory in the practice of said project. Thus, fieldwork was carried out with the application of semi-structured interviews to six groups, according to their specificities, in addition to direct observation. Documentary and bibliographical research was also carried out.

31
  • WAGNER RIBEIRO RODRIGUES
  • QUESTION OF JUSTIÇA? The paper and the performance of electoral justice in the promotion of actions destined for political participation of women.

  • Advisor : SALETE MARIA DA SILVA
  • COMMITTEE MEMBERS :
  • SALETE MARIA DA SILVA
  • ANDRE LUIS NASCIMENTO DOS SANTOS
  • NÁGILA MARIA SALES BRITO
  • Data: Nov 28, 2023


  • Show Abstract
  • The path for women to access the main positions that hold power is always difficult, making it often prohibitive to reach and realize their professional dreams. This Master's thesis seeks to study and understand the historical, social, cultural and legal c omponents of female underrepresentation in politics, as well as what are the state responses, legal and political frameworks adopted by public authorities aimed at seeking gender equality, with deepening of some actions developed by the Superior Electoral Court with the purpose of complying with these assertions. To this end, the contributions of specialized doctrine were adopted, with an incursion into the main political frameworks aimed at promoting the political participation of women and their effective inclusion in politics, in addition to the analysis of specific legislation and the form of social action of the Superior Electoral Court in implementing of these rights. The aim is to understand the different expressions of public policies and actions dev eloped by public authorities in favor of achieving women's political participation in public life, as well as contributing to the improvement of policies aimed at achieving gender equality.

32
  • SALIM SANTOS LÁZARO
  • The role of Municipal Guards in Preventative Protection: A Case Study in the City of Lauro de Freitas - BA

  • Advisor : CLAUDIANI WAIANDT
  • COMMITTEE MEMBERS :
  • CLAUDIANI WAIANDT
  • MARIA CAROLINA DE SOUZA SAMPAIO
  • PAULO WENDERSON TEIXEIRA MORAES
  • Data: Nov 30, 2023


  • Show Abstract
  • The growth of violence and crime in Brazil has increased the Brazilian population's concern for public safety and demanded more action from the government, making it a major challenge for public managers to implement public policies to limit the advance of this phenomenon. The Municipal Guard has been a public policy implemented by municipalities to resolve this context, whose professional performance is influenced by the practices of two contradictory theoretical currents of "Municipal Police/Citizen Police" and "traditional professional training model" that end up creating insecurity in the professional performance of municipal guards. Influenced by this premise, an applied socially relevant study was carried out with the aim of understanding the professional performance of municipal guards in public security in the city of Lauro de Freitas, Bahia. The methodological approach was qualitative research through a case study, using semi-structured interviews with 18 municipal guards, 4 managers or those responsible for the portfolio and 5 community representatives, as well as document analysis and participant observation. There was insecurity in the professional performance of the municipal guards of Lauro de Freitas due to the need for continuous and effective professional training and capacity building in line with their professional community prevention identity, the inadequacy or non-existence of municipal legislation that establishes their functions, guided by the federal government, and the limited number of civil servants and lack of work structure. Based on this understanding, a synthesis of the competencies of municipal guards was proposed, based on legislation and interviews, which could help to create regulations, guidelines and strategies suited to the changes and particularities experienced by the professional performance of municipal guards, inspired by the practices of the theoretical current of Citizen Police.

33
  • ANTÔNIO DE PÁDUA DE CARVALHO E SÁ
  • INFLUENCE OF THE USE OF FEDERAL FORCES IN THE 2020 ELECTIONS: A Case Study in the City of Aroeiras do Itaim/PI.

  • Advisor : JOSE MARIA CARVALHO FERREIRA
  • COMMITTEE MEMBERS :
  • ADRIANO DE OLIVEIRA SAMPAIO
  • ANTONIO SILVA MAGALHAES RIBEIRO
  • JOSE MARIA CARVALHO FERREIRA
  • Data: Dec 7, 2023


  • Show Abstract
  • The interference of federal forces in municipal elections is a topic of growing concern in the Brazilian political landscape. This study investigated the impact of the use of federal forces in the 2020 elections, focusing on the city of Aroeiras do Itaim, Piauí. The present work aims to analyze how the presence of federal forces affected the electoral process in Aroeiras do Itaim during the 2020 elections. The study was based on a comprehensive literature review on the concept of Democracy, federal forces' interventions in elections through the Guarantee of Voting and Counting operations, and a case study to provide a solid context. The presence of federal forces in Aroeiras do Itaim had a significant impact on the electoral dynamics, influencing voter participation, candidate behavior, and the public perception of the integrity of the process. This study highlights the complexity of the relationships between federal forces and local elections, emphasizing the need for clearer and more transparent regulations to ensure fair and impartial elections.

34
  • MARIA TERESA CARNEIRO SANTOS CINTRA ZARIF
  • The public defenders defensive thesison the drug traffic lawsuits in Bahia and how they are welcomed by the judges.

  • Advisor : RICCARDO CAPPI
  • COMMITTEE MEMBERS :
  • MARIA GORETE DE MARQUES DE JESUS
  • MARIANA THORSTENSEN POSSAS
  • RICCARDO CAPPI
  • Data: Dec 12, 2023


  • Show Abstract
  • The present work aims to understand how public defenders in the State of Bahiaposition themselves in criminal cases that investigate drug trafficking and howthesetheses are received by the Judiciary. Starting from an exposition on the factual andlegal scenario that involves the lawsuits that investigate these crimes, the workobserves how the defense role played by the Public Defenders intervenes inthisreality. There are several works seeking to understand the reality of these criminal cases, as well as the decisions of the Judiciary involving drug trafficking crimes. However, in the academic field, no studies were identified with a specific focus ondefensive actions. Thus, with a focus on the Public Defenders in Bahia, we seektoanalyze the role of public defense in these lawsuits through the analysis of thedefensive petitions and sentences obtained from 60 legal cases using GroundedTheory as a reference method. From this observation and the interaction betweenthedefensive petitions and the sentences, and the actors behind these two procedural moments, categories were constructed that guided the research findings. Finally, identifying successes and limitations, the work aims to promote reflection onthechallenges posed and build proposals about the performance of the Public Defender inthe State of Bahia and the position they take in the law swits that investigate drugtrafficking

35
  • MAURÍCIO ALBAGLI OLIVEIRA
  • THE EVOLUTION OF ROAD CRIME: Study on the criminal justice system in cases of road traffic ofenses in the city of Salvador , Bahia, Brazil, between 2016 and 2020

  • Advisor : ANDRIJA OLIVEIRA ALMEIDA
  • COMMITTEE MEMBERS :
  • JOSÉ MÁRIO WANDERLEY GOMES
  • LUIS FELIPE ZILLI DO NASCIMENTO
  • ANDRIJA OLIVEIRA ALMEIDA
  • JULIANA TONCHE
  • Data: Dec 19, 2023


  • Show Abstract
  • Road traffic mortality constitutes a serious problem in Brazil and worldwide. The objective of
    this study was to analyze how the criminal justice system functioned in the municipality of
    Salvador, Bahia, Brazil in relation to lawsuits registered between 20 16 and 2020 for the
    following road traffic violations stipulated in the Brazilian Highway Code: involuntary
    manslaughter and grievous bodily harm caused while driving an automobile, and drunk driving.
    This study, based on the cross sectional, quantitative, documentary, empirical model, included
    327 lawsuits registered with the relevant courts of law within the study period. The objective
    was to describe the profile of the individuals accused and of the victims of traffic violations,
    taking variables such as sex, age, marital status and schooling into consideration, and to verify
    objective data on these crimes, such as location, time, type of vehicle involved and type of
    accident, including pedestrian vehicle accidents and vehicle collisions. Another aim of t he
    study was to determine the time required for police investigation, the evidence produced and
    the rate of adoption of the consensus model of criminal justice. All the lawsuits referring to
    grievous bodily harm or death registered between 2016 and 2020 we re investigated (n=136).
    Of a total of 644 lawsuits judged in court over the study period (2016 2020), 191 referred to
    drunk driving. This sample (n=191) was extracted at random using a statistical computer
    software program (OpenEpi), for a sample error of 10% and a 90% confidence level. In 2020,
    75% fewer accidents were registered in Salvador compared to 2016. Of the individuals accused
    of a drunk driving offence, 181 (94.8%) were male and 10 were female. Regarding cases of
    homicide or bodily harm, which a re involuntary offences (committed through negligence,
    recklessness or incompetence), the percentage of men involved was similar, comprising 94.1%
    of cases. Individuals aged 28 to 37 years constituted the age group that was most involved in
    cases of drunk driving (39.9%) and most (69.9%) were single. Those accused of causing death
    or bodily harm by driving were evenly distributed among the 18 27 years, 28 37 years, 38 47
    years and 48 57 years age groups. Individuals over 57 years of age formed a minority of those accused of crimes (6.6%). Only 11% of those involuntarily involved in the crimes of causing death or grievous bodily harm by driving had a criminal record; consequently, most of those involved in these crimes are not habitual criminals or repeat offenders. The individuals accused of these crimes were predominantly driving cars (52.9%) or motorcycles (14.7%). Accidents involving pedestrians (67) and collisions (54) accounted for 88.97% of the accidents evaluated. Overall, 48.78% of victims were pedestrians. Fifty four accidents were classified as collisions and in 38 of these accidents (72.22%) the victims were motorcyclists. Of the 191 lawsuits involving drunk driving, 116 (60.73%) were resolved through the consensus model of criminal justice.

36
  • FERNANDA PORTELA FERREIRA
  • Democracy, Race and Inequality: electoral racial affirmative action and the 2020 Elections in Salvador/Ba.

  • Advisor : RICCARDO CAPPI
  • COMMITTEE MEMBERS :
  • RICCARDO CAPPI
  • WANESKA CUNHA DOS ANJOS
  • Gilsely Barbara Barreto Santana
  • Data: Dec 20, 2023


  • Show Abstract
  • This will be an applied study with a quantitative approach, classified as descriptive in terms of its objectives, and which will be carried out by collecting open data on black candidates in the 2020 and 2016 Elections, in order to answer the research problem on how electoral racial affirmative action had an impact on the electoral performance of black female and male candidates for the City Council of the city of Salvador in the 2020 Elections. Regarding the conceptual and operational model, the research will be outlined under the procedural basis of documentary research (GIL, 2002), in order to collect, classify and analyze information, translating it into numbers and evaluations. The population of the present study constitutes the set of candidates for the legislature of the 2020 and 2016 Elections, in Salvador/Ba, with racial self-declaration as black in the Candidacy Register. With this research, we hope, in general terms, to describe electoral racial affirmative action through the reservation of campaign resources and to investigate how this had an impact on black candidacies for the City Council of the city of Salvador in the 2020 Elections, and, in specific aspects, the objective is to understand the relationship between the construction of representative democracy and the demands for inclusion of politically excluded groups, such as the Brazilian black population; understand the process of construction of inequality between races in Brazil and the use of affirmative actions as an instrument of reparation, notably reparation in the political inclusion of black citizens, to then compile data on black candidacies in the electoral process of the 2016 and 2020 Proportional Elections in the municipality of Salvador/Ba regarding the number of candidacies, distribution of campaign resources, percentage of votes and poll results, as well as analyzing and compare the data regarding black candidacies for the municipal Legislative Branch in the 2016 Elections, in which there was no racial affirmative action on campaign resources, and in the 2020 Elections, under the aegis of electoral racial
    affirmative action.

2022
Dissertations
1
  • LARA VASCONCELOS PALMEIRA CRUZ LEONE
  • Reflexive Group active in the 3ª Court of Domestic Familiar Violence against Women in Salvador/Ba, in the years of 2018, 2019

  • Advisor : KARINE FREITAS SOUZA
  • COMMITTEE MEMBERS :
  • ANDRE LUIS NASCIMENTO DOS SANTOS
  • KARINE FREITAS SOUZA
  • TACILLA DA COSTA E SA SIQUEIRA SANTOS
  • Data: Mar 30, 2022


  • Show Abstract
  • This is a documental, descriptive, and quantitative study, made about the reflexive group “Men in Construction” (“Homens em Construção”) in the 3ª Court of Domestic Familiar Violence against Women (Vara de Violência Doméstica Familiar Contra a Mulher), in the city of Salvador Bahia. Soon after the making of the semistructured interview with the team of facilitators, it was made the analysis of 24 cards of consultation of men, who attended the group in 2018 and 2019, as well as their criminal files. The result of the sociodemographic study is that these men, whose age is between 30 and 50 years old, are black (pretos and pardos), single, separated or divorced, live alone, receive between one and two minimum wages, are autonomous, and have an incomplete high school education level. In relation to the criminological profile, the results is that the victim is his ex-partner; they are liable for the intimidation crime, in conjunction with other crimes; they have antecedents, even though not reported to the police authorities; as a rule, there isn't in their records a verdict; we didn't see the recidivism of the men who attended in this reflexive group studied either. The findings demonstrated a need for continuity of reflexive groups and the implementation of public policy, with intersectional vision of gender, race and class.

2
  • ANDRÉ MEIRELES COSTA
  • Implantation of the Restorative Justice Nucleus: the transformative lens applied to the Bahia State Prosecutor.

  • Advisor : RICCARDO CAPPI
  • COMMITTEE MEMBERS :
  • ANA MÍRIA DOS SANTOS CARVALHO CARINHANHA
  • JULIANA TONCHE
  • RICCARDO CAPPI
  • Data: Apr 6, 2022


  • Show Abstract
  • This paper presents the presentation of an intervention project based on the creation and implementation of a Restorative Justice Center for the Bahia State Prosecutor. It is the result of an effort to design the application of innovative practices in the field of the criminal justice system from the contributions of Restorative Justice. In restorative justice it is possible to state that the objective is the active participation of those involved (victim / offender), beyond a merely punitive justice. Finally, the project for a Restorative Justice Center for the Public Prosecution Service of the State of Bahia.

3
  • CELSO FERNANDES SANT'ANNA JÚNIOR
  • Socio educational measures: theories in practice. Understandings of socio educational measures by members of the Public Ministry of the state of Bahia.

  • Advisor : RICCARDO CAPPI
  • COMMITTEE MEMBERS :
  • ANDRÉA DEPIERI DE ALBUQUERQUE REGINATO
  • MARIANA THORSTENSEN POSSAS
  • RICCARDO CAPPI
  • Data: Apr 7, 2022


  • Show Abstract
  • The object of study of this work is the u nderstanding of the theories that currently guide the
    members of the Public Ministry of the State of Bahia (MPBa), especially regarding the
    principles and objectives that govern the criminal model aimed at adolescents who committed
    a behavior defined as an act infraction. The research is divided into three moments of
    observation and analysis: a (re)construction of historical legislative production around the
    proposal of its own juvenile system, different from adults; understanding the principles and
    theorie s that guide this juvenile criminal model; and the analysis of the interaction of the
    questions that emerged from this historical and theoretical immersion, with the perceptions of
    MPBa members who work in the area of childhood and youth interviewed. The theory of
    modern criminal rationality constitutes both a methodological tool for observation and a
    conceptual model of reference, intended to identify the dominant way of thinking, in the
    scope of criminal law in the West, which makes it possible to ident ify the cognitive
    difficulties related to its evolution. Thus, we try to answer the following question: which
    theories guide the arguments mobilized in the speeches of MPBa members, regarding the
    purpose(s) of socio educational measures? From the analysis of the interviews, four analysis
    themes emerge, namely: 1) understandings of the socio educational measure and its
    objectives; 2) understanding of the ideas and theories surrounding the socio educational
    measure; 3) understandings of ime in juvenile justi ce; 4) understandings about MPBa
    practice. As a result, it proposes eight suggestions for the development and improvement of
    the theme, both for the academy and for the MPBa.

4
  • SANDRA MAGALI BRITO SILVA MENDONÇA
  • RESTORATIVE PRACTICES AT CEJUSC DE ILHÉUS IN PERSPECTIVE OF DEFENDANTS OF DOMESTIC VIOLENCE

  • Advisor : ISABEL MARIA SAMPAIO OLIVEIRA LIMA
  • COMMITTEE MEMBERS :
  • MAYARA DE CARVALHO ARAÚJO
  • ISABEL MARIA SAMPAIO OLIVEIRA LIMA
  • JULIANA TONCHE
  • Data: May 17, 2022


  • Show Abstract
  • This work aims to research how man who were indicted of domestic violence think about gender and violence themes after participating in restorative circles. There are few works who delve into the perspective of a man who was involved in this type of wrongdoing, trying to approach their speech. Works about men accused of domestic violence against their partners are still sparse in Brazil, and there is no record of this nature in the city of Ilhéus, even though the law 11.340/2006 prescribes reflexive groups interventions for people indicted of violence against women, with a focus on genre and accountability. In the same vein, despite the known potential of peace-building circles to create safe environments for dialogue and reflection, their use with men accused of domestic violence is rare. Starting there, and not trying to exhaust the themes, the research proceed to do a literature review of the prison system, the modern prison rationality incidence, genre, restorative justice as a means of intervention, domestic violence and the policies about it with a focus on reflexive groups with men, and restorative circles as a strategy for reflection used by men accused of domestic violence. In Methodology, two steps were taken: in the first, scalable interventions through the restorative practices project Encontro e Diálogos, in Centros Judiciários de Solução de Conflitos e Cidadania (CEJUSC) targeting men accused of domestic violence in Ilhéus; in the second step, the investigation and analysis of the perception of the accused about genre violence after the participation in the restorative circles. A qualitative approach with a triangulation of methods was taken: a) Research-action as the main means for the implementation and construction of the project; b) participating observation in restorative circles and in post-circles; c) case study in post-circles; d) literature review of themes related to genre and domestic violence, its Brazilian legislation. To collect data, participant observation, focus group interviews, documental analysis of public and private audiovisual material was used. In the analysis of the results, hermeneutic-dialectic interpretation was used. It was noted that men felt accepted and the circle experience positively impacted them, being an adequate space for reflections on genre, violence, and related themes. Furthermore, most participants recognized the violence on their victims and accepted accountability.

5
  • LETICIA FERNANDES SILVA FREITAS
  • RESTORATIVE JUSTICE IN THE FRAMEWORK OF DOMESTIC VIOLENCE: the use of the support network as an inter-institutional connection in order to reduce recidivism and the volume of criminal proceedings.

  • Advisor : JULIANA TONCHE
  • COMMITTEE MEMBERS :
  • RAFFAELLA DA PORCIUNCULA PALLAMOLLA
  • JULIANA TONCHE
  • MARIANA THORSTENSEN POSSAS
  • Data: Jun 13, 2022


  • Show Abstract
  • The aim of this study is to analyze the possibility of applying restorative justice in cases of domestic violence against women. Some of the origins of restorative justice will be explained, such as the legitimacy crisis of the current criminal punitive system, which is based on retributions. The restorative justice has achieved international recognition as a form of conflict management that is different from the traditional penal system. This research allowed to show that the restorative justice has different principles and values from the traditional justice model, also it encourages the victim's participation in conflict management, and attempts to restore any damage caused by a more context- and process-orientated approach that does not exclude or stigmatize the offender. This theoretical analysis of restorative justice was sought to find out if it is compatible with the principles and norms of the Brazilian legal system. In order to determine if the application of the restorative justice as a way of managing this type of social conflict, the topic of domestic violence was discussed on the basis of a short analysis of the Law Maria da Penha in combination with an investigative and qualitative research based on a case study of the project Ama Maria located at the district court of Brumado, Bahia. Ultimately, this work intents to evaluate if the application of restorative justice associated with the interinstitutional network cooperation can support the reduction of the outset and recidivism of criminal cases in Brazil.

6
  • DANIELA GUIMARÃES ANDRADE GONZAGA
  • Intercountry adoptions in Bahia, family and community coexistence right and institutional shelter: study of cases (2017 – 2019)

  • Advisor : RUBENILDA SODRE DOS SANTOS
  • COMMITTEE MEMBERS :
  • LICIA MARIA SOUZA DOS SANTOS
  • MILTON JULIO DE CARVALHO FILHO
  • RUBENILDA SODRE DOS SANTOS
  • Data: Jul 15, 2022


  • Show Abstract
  • This work starts from the study of intercountry adoptions that took place in the state of Bahia, between 2017 and 2019, since the children arrival at the host institution, with the development of safety measure procedures, familiar power destitution and adoption. It intends to answer the following problem: What has the State been doing to ensure the right of family and community interaction for institutionalized children and teenagers, considering/regarding the intercountry adoption in Bahia, last years? As general goal, the present research intends to identify and understand in witch way the State has been acting to ensure the right of family and community interaction for institutionalized children and teenagers, considering/regarding the intercountry adoption in Bahia, between 2017 and 2019. In particular/specifically, this research is dedicated to: understand in theory the concepts of childhood, socialization and family and its importance for the study of institutional shelter and intercountry adoption; understand, historically and legally, how the shelter measure works in/regarding to its multiple dimensions; explain the sheltered and their families’s social invisibility phenomenon and its straight relation to racism and its consequences; describe the intercountry adoption history and procedure, with a principle and normative approach of the institute, until the current paradigms; introduce concrete data about the intercountry adoptions carried out in Bahia and Brasil, in order to explain the decrease in the number of cases last years; examine the selected intercountry adoption cases, the adopted path, the lawsuits courses and verified events, connecting the data to the theoretical categories discussed in the beginning of the work. The research was a qualitative one, with exploratory and descriptive character and lawsuits analysis, complemented by semi structured interviews, intending to investigate and analyze in comparatively the twelve cases that took place in the period studied. In this context, the intercountry adoption is explained as one of the ways of achieving the right of family and community interaction, based in the principles of the best interests of the child and of full protection. Although the progresses seen in the state of Bahia in the last years, regarding the trend of institutional shelter to ensure the right of family and community interaction for children and teenagers, there is a lot more to do, not only in order to allow more late adoptions and adoptions of groups of siblings, but also to bring down the period of institutionalization.

7
  • ROGÉRIO MIGUEL ROSSI
  • “THE POLICE ARREST AND JUSTICE RELEASE”: THE PERCEPTION OF THE CIVIL AND MILITARY POLICE OFFICERS OF THE DISTRICT OF SALVADOR/BA ABOUT CUSTODY HEARINGS

  • Advisor : MARIANA THORSTENSEN POSSAS
  • COMMITTEE MEMBERS :
  • DANIEL NICORY DO PRADO
  • MARIA GORETE DE MARQUES DE JESUS
  • MARIANA THORSTENSEN POSSAS
  • Data: Aug 1, 2022


  • Show Abstract
  • The present study is a result of an in-depth analysis and further understanding of custody hearing, an important legal hearing procedure that became part of the national criminal procedural system in the year of 2015. Custody Hearing has as it’s main objective to guarantee the constitutional rights of the individual caught red-handed. It has its legal provision in article 310 of the Brazilian Criminal Procedure Code and in international treaties ratified by Brazil, especially through the Pact of San Jose of Costa Rica (American Convention on Human Rights). Considering that the author of this paper is a judge, this study began with the main purpose of furthering the understanding of custody hearing and from then on, providing important insights on the mentioned topic. This study emerged as a result of daily practices of the judiciary, that generated important aspects concerning this subject. Therefore, the purpose of this study was understanding, even if superficially, the varied nuances with regards to the practice guidelines of the procedures of custody hearing by the
    criminal justice system in Brazil. This study addresses the impact caused in the amount of leniency of arrest in flagrante delicto - which would have direct effects on the issue of prison overpopulation and the observance of official crime rates, after the year of 2015, until evolving into the merits of the probable effects caused in the relationship established between the Police and the Judiciary. When researching this topic, the postulates established by Critical Criminology were used as guiding criteria, and therefore, raised many questions. The
    final objective of the this research paper was to analyze the impressions that civil and military police officers have on the custody hearings in the district of Salvador/BA. It was also emphasized that these perceptions impact the dynamics of the actions of these agents; mainly on the relationships established between them and the judges (in particular, those magistrates who work in the Court of Hearing of Custody of Salvador/BA), and also it influences the effectiveness of the custody hearing system within the reality of the Bahian capital. Lastly, it is reported that the type of research adopted in the present study is varied, predominantly consisting of qualitative aspects. The techniques used for data collection were mainly of bibliographic revision and semi-structured interviews.

8
  • CARLA SANTA BARBARA VITORIO
  • Reflective and Accountable Groups for Men Authors of Violence Against Women: An Analysis Based on Literature, Regulations and National Experiences

  • Advisor : RICCARDO CAPPI
  • COMMITTEE MEMBERS :
  • MARILIA MONTENEGRO PESSOA DE MELLO
  • JULIANA TONCHE
  • NÁGILA MARIA SALES BRITO
  • RICCARDO CAPPI
  • Data: Aug 4, 2022


  • Show Abstract
  • The present work investigates the proposition and execution of reflexive and responsible groups for men perpetrators of violence against women from the relevant considerations that emerge from the national production. A qualitative approach is used and, as methods, a bibliographic and documentary review. The research is developed from six chapters. In the theoretical scope, the problem is based on gender considerations brought by Simone de Beauvoir (1970), Judith Butler (2008) and Heleieth Saffioti (2013); and in the studies of masculinities developed by Raewyn Connell (1995; 2013). Conceptual questions about social control, punishment and accountability are associated with the discussion, in addition to the contextualization of the national policy to combat violence against women. On the other hand, the documentary research is detailed from the study of nature normative acts, mapping research reports, descriptive documents of specific groups and general guidelines; that allow the measurement of central units of analysis for the design and implementation of programs, such as: legal/institutional assumptions, objectives/goals, theoretical approach, target audience, physical and personnel structure, program methodology, intervention, evaluation/monitoring and funding. The study reveals the importance of the theoretical-practical systematization of reflective and responsible groups for publicity, monitoring, sustainability and the successful implementation of practices. However, what emerges from this investigation is the lack of in-depth analysis in the elaboration of program documents, which makes visible the lack of a specific national policy that includes public funding and a specific technical and professional structure, and is integrated into the national policy to face the violence against women.

9
  • PEDRO DE SOUZA FIALHO
  • The Family crossed by the hosting of children and adolescents.

  • Advisor : CLAUDIA MORAES TRINDADE
  • COMMITTEE MEMBERS :
  • CLAUDIA MORAES TRINDADE
  • MARIANA CHIES SANTIAGO SANTOS
  • ODILZA LINES DE ALMEIDA
  • SAMIRA SAFADI BASTOS
  • Data: Aug 19, 2022


  • Show Abstract
  • The work addresses the hosting of children and adolescents and their related legal processes. Through the case study of two hostings, with documentary analysis of the processes of protection measure of hosting, removal of family power, habeas corpus and instrument grievance, we sought to understand the course of a hosting with a special focus on families of origin, through the legal proceedings in which its processing takes place. One of the objectives of the research was to observe the ways of intervention of the participants of the processes with the families of origin and to understand if the receptions reached the legal perspective of guaranteeing family and community coexistence, preferably among the original family members, who should receive support and assistance in overcoming their difficulties. Among the final considerations, it was seen that the observed hostings are processed in disrespect to a series of legal determinations, producing effects contrary to what was intended with their incidence, deepening the vulnerabilities that should be fought and stimulating family distance. Such a way of carrying out the receptions would characterize the related judicial processes within the post-democracy ideal.

10
  • Joseval de Jesus Santos
  • Defensive strategies of Judicial Assessors Against work-related violence in Salvador-BA.

  • Advisor : ADRIANO DE OLIVEIRA SAMPAIO
  • COMMITTEE MEMBERS :
  • ADRIANO DE OLIVEIRA SAMPAIO
  • IVETE MARIA SANTOS
  • ODILZA LINES DE ALMEIDA
  • RUY AGUIAR DIAS
  • Data: Aug 26, 2022


  • Show Abstract
  • This dissertation is the result of an investigation into protection strategies adopted by the probation officers of work-related violence in the city of Salvador-BA. The national literature points out that Justice Officers are subject to diferent forms of violence in their work, due to their external activities, as well as for dealing with complex matters of different kinds, whether criminal, family, among others. As theoretical support, we resort to studies related to the psychodynamics of work, which address the physical or psychological means of defense to which workers resort to the risks of work. We developed a qualitative, descriptive research, based on semi-structured individual interviews, carried out with six Assessor Justice Officers linked to the Central de Mandados de Salvador and who carry out their activities in different areas of the city, three of them female and three of them male. For data analysis, we used the thematic Content Analysis technique. The results indicate that Salvador's Justice Officers are subject to different types of violence related to work, which derive from both acts of the party, acts of third parties and/or actions of the administration itself. We also found that, in view of this situation, some individual or collective defensive strategies are used by workers, whose objective is to allow the work to be carried out satisfactorily, despite the adversities. We verified that such strategies are mobilized in the planning of diligences, during their execution, as well as in the moments when the professional is out of working hours. The research points to the need to create preventive measures in order to minimize work-related violence and its effects on the physical and mental health of Justice Officers who work in the Bahian capital.

11
  • Adiane Jaqueline Neves da Silva Oliveira
  • Restorative justice applied to cases of domestic and intrafamily violence against women: challenges and possibilities.

  • Advisor : SALETE MARIA DA SILVA
  • COMMITTEE MEMBERS :
  • JULIANA TONCHE
  • LUCIANO DE OLIVEIRA SOUZA TOURINHO
  • SALETE MARIA DA SILVA
  • Data: Aug 29, 2022


  • Show Abstract
  • The present study proposes, ultimately, a reflection on the possibilities and challenges of applying Restorative Justice to conflicts generated in the context of domestic and intrafamily violence against women, from a perspective of a paradigmatic crisis of the classic retributive justice system and of the birth of a new proposal for the realization of justice, based on a new paradigm, the restorative one. It is, therefore, a study that seeks to contribute to the debate that revolves around the inefficiency of retributive justice in the treatment of domestic and intrafamily violence against women, as well as the application of Restorative Justice to conflicts arising from this phenomenon, proposing a (re)think in the sense that this new model of justice is applied to these conflicts, regardless of the type of crime committed, whether of a serious nature or not, provided that the peculiarities of each case and the willingness of those involved to adhere to the practices are observed. , especially the victim. In specific terms, we sought to demonstrate the possibility that, using the JR, the aggressor may not be included in the domestic violence statistics again and that the victim, in turn, does not see herself in a decision-making space that brings her the relive from all the violent act suffered, but rather in a safe, empowering space capable of transforming conflict and promoting a true culture of peace. Regarding the methodology, the research developed is essentially bibliographic and documentary, with a qualitative and dialectical trait. With regard to structuring, this work has structured development in three chapters. From the analysis and investigation carried out, it was possible to infer that the application of the JR, without claiming to replace the classic criminal system, can be an adequate and effective way to obtain new answers to the conflicts generated in the context in question, without denying or disregarding the asymmetries. of power inherent to gender relations and without uniformly and a priori ruling out the possibility of focusing on crimes of a serious nature, by observing the singularities of the cases, with the ability to interrupt the reverberation of violence from the transformation of these conflicts and the promotion of a true culture of peace, weakening the idea of the paradox between this proposal and the formulations of feminisms, as well as the idea that incarceration should be the only and common response to crime. On this transformative and pacifying potential of JR, it was possible to reflect that, in order to be achieved and properly experienced, it requires a change in the legal culture, through the effective exchange of the lenses traditionally used by jurists, including the expansion of legal feminism, whose ultimate goal is to the full exercise of female citizenship.

12
  • THAÍS SANTOS SALLES
  • Domestic Violence and Restorative Justice: expectation of the attendants of the specialized Courts of Salvador (Bahia, Brazil)

  • Advisor : JULIANA TONCHE
  • COMMITTEE MEMBERS :
  • JULIANA TONCHE
  • SELMA PEREIRA DE SANTANA
  • ANDREMARA DOS SANTOS
  • Data: Nov 25, 2022


  • Show Abstract
  • This work investigates the relationship between domestic violence judicial proceedings and restorative justice. It uses a qualitative approach and descriptive statistics. The absence of essentially restorative projects in the Domestic Violence Courts in Salvador/BA, despite the energetic and growing the National Council of Justice's stimulus given, indicates the importance of the research. The study carried a brief bibliographic review, and it proceeds to the empirical part, using, as methods, questionnaires sent to the specialized Courts and the Restorative Justice Center of the Court of Justice of the State of Bahia (TJBA), as well as semi-structured individual interviews with eight employees from the multidisciplinary service teams of the judicial units. The objective was to understand, from the perspective of Symbolic Interactionism (BLUMER, 1980), how the interviewees interpret and intuit restorative justice in the field of domestic and family violence against women. We found that restorative justice was mostly demarcated as a powerful instrument that transforms the way people relate to each other in everyday life, proving to be more effective than traditional criminal justice insofar as it promotes awareness of the intricacies of gender violence. The restorative methodology was recommended for the management of these types of violence, although some reluctance when the cases refer to serious crimes or that involve conflicts between couples and ex-couples, because of sociocultural issues and the insufficiency of institutional policies aimed at the necessary rigorous cases evaluation. From the interviewees' narratives, two measures emerge as indispensable for the safe use of the restorative methodology: the allocation of public resources in the area of personnel and professional training; and the expansion and improvement of debates in the most varied spaces of power, so that restorative justice is demystified and understood in its real essence by the actors of the justice system and by society in general.

13
  • EWERTON DE SANTANA MONTEIRO
  • “Neither bandit nor hero. A policeman is a worker”: The anti-fascist police movement and the police in politics

  • Advisor : MILTON JULIO DE CARVALHO FILHO
  • COMMITTEE MEMBERS :
  • MILTON JULIO DE CARVALHO FILHO
  • RAFAEL DE AGUIAR ARANTES
  • ANDERSON DUARTE BARBOZA
  • Data: Dec 9, 2022


  • Show Abstract
  • For some time, many works on police and military have been produced by the academy. And it should not be different, since the participation of these agents in the public and political life of the country has always been a constant, since the military and police are present in almost all the important events of the political life in Brazil. Thus, more recently, between 2018 and 2022, the military and police resumed their protagonism, and voluntarily or not, they were elected and helped to elect a legion of conservative and right-wing politicians, both in the executive and in the federal and state legislatures. and municipal. Against this ideological perspective, predominantly widespread inside and outside the corporations, which, in general, legitimize recrudescent discourses and actions, a group of police officers “defenders of human rights”, and who seek to restructure the current model of public security, passed also to compete in the public debate on public security, criminal policy, police and politics. Pejoratively called “watermelons” or “leftist police” by other conservative and right-wing police, military and politicians, some joined a collective calling themselves: Antifascism Police. Thus, despite the innumerable and diversified research on the police and the military, the spectrum on the left, especially the police, involves new perspectives, even more so when it comes to the group in question, as perhaps the work is among those that inaugurate the debate on the object specifically.
    In this way, our starting question wanted to know how these police officers are inserted and how they participate in the Anti-Fascism Police Movement. The overall objective was to understand which public debate the group intends to establish. Specifically, we also wanted to understand if there are and what, if any, are the movement's ideological contradictions; analyze the material conditions of existence; to know how insertion takes place, and to analyze how the anti-fascist narrative of its members is characterized. In the methodology we applied the qualitative approach, which had as a method the "content analysis", elaborated from the use of the "technique of qualitative interviews in depth".
    Thus, this research tried to contribute to a process that demonstrates that, since ancient times, police and military are and are politicized, and in the most diverse ways involved in politics. In addition to aiming to contribute to the debate, and put into perspective, the categories of the Military Left and the Police Left.

14
  • ROSEMUNDA SOUZA BARRETO VALENTE
  • TRAJECTORIES OF WOMEN INVOLVED IN THE DRUG MARKET

  • Advisor : ODILZA LINES DE ALMEIDA
  • COMMITTEE MEMBERS :
  • CLAUDIA MORAES TRINDADE
  • ODILZA LINES DE ALMEIDA
  • PAULO CESAR PONTES FRAGA
  • Data: Dec 9, 2022


  • Show Abstract
  • It is undisputed that the female prison population has increased in recent years in Brazil. Overcrowding and insalubrity are endemic in the Brazilian prison system, in the face of both sexes. In absolute numbers, the number of men imprisoned is greater. However, the percentage of incarceration of women has increased in recent years. This work aims to address the factors that have contributed to the occurrence of this phenomenon in recent years in Brazil, with special emphasis on Bahia. With this aim, we verified, among the findings, how the selectivity of the penal system, as well as intersectionality, with regard to gender, race and social condition, are magnetized in the process of female imprisonment, with a deleterious effect on the lives of inmates and women. of their families, as the prison system tends to perpetuate forms of oppression historically supported by women, stigmatizing them, but they continue to resist. The methodology was based on field research focused on life trajectories of inmates of the prison system in Bahia, through qualitative research and open interviews, in an effort to move away from the male paradigm, to better see female performance in the criminal field, especially in the drug trafficking, with no intention of exalting crime, but with a special focus on the role of women, moving away from the preconceived idea of submission to the masculine. In this vein, we reaffirm the importance of analyzing social phenomena through a "gender lens", to understand how their influence on crime occurs. Thus, specificities of drug trafficking crimes committed by females were addressed, with research based on Critical Criminology, which seeks to explain why poor women, for the most part, make up the female incarceration. Environmental Criminology will also serve as a theoretical framework, especially the Theories of Rational Choice and Routine Activities, through which we conclude that the environment and The routines to which women are subjected, differentiated from those of men, due to historical issues, contribute to “criminal opportunities” that are also different, so that the “option” for drug trafficking is due to a rational choice, as well as thus a way of resisting, even if not consciously, the forms of oppression to which women are subjected. these women traffickers end up reproducing male examples of oppression.

15
  • TAISE MOURA TEIXEIRA DE JESUS
  • VICTIMS OF SILENCE: analysis of the accessibility of the deaf or hard of hearing person, victim of violence, to the protection network

  • Advisor : CLAUDIANI WAIANDT
  • COMMITTEE MEMBERS :
  • GUADALUPE MARCONDES DE MOURA
  • ANDRE LUIS NASCIMENTO DOS SANTOS
  • ANDRIJA OLIVEIRA ALMEIDA
  • CLAUDIANI WAIANDT
  • Data: Dec 14, 2022


  • Show Abstract
  • This work seeks to examine the care provided to deaf people or hard of hearing person, victims of violence, in the public sectoral social protection network. The empirical research with an exploratory qualitative approach was carried out in Alagoinhas-BA, and made use of various information collection techniques, such as documents, semi-structured interviews and questionnaires, in addition to observing the researcher who participates in social actions and works in the judiciary. The questionnaire, applied to public servants and agents of the State Judiciary, Public Ministry, Public Defender's Office, Civil Police, Military Police and Fire Department, provided more consistent data to understand how the deaf person or hard of hearing person is assisted in the protection network. At the same time, eleven complementary semi-structured interviews were carried out: six with authorities of the protection network, namely, two judges, a prosecutor, a public defender, a delegate and a major from the fire department, seeking to analyze situations of violence experienced by deaf or hard of hearing person and the perception of these social actors about the service channels and the obstacles to access to the protection network. Five deaf people were also interviewed, whose reports brought important aspects of the situations of violence experienced, highlighting sexual violence, physical violence, psychological violence and neglect, which for the most part, do not come to the attention of public authorities due to the lack of accessibility of these. individuals to the safety network. Regarding the perception of public actors of who the deaf person or hard of hearing person is, the idea of disability and communication difficulties was highlighted. Most network agents are unaware of the public and private services to mediate the care of the deaf person in the agency, through translation or simultaneous interpretation. There is also a majority understanding that the deaf person is more vulnerable to suffering violence than other individuals, due to the absence of hearing, the difficulty of communication, the barriers in the search for help, the difficulty of access to Organs pubic organs and the preconception. There is no adequate training for the care of deaf people by the agencies, although a significant demand and interest of most servers and agents has been identified. Regarding the service channels, the deaf and public agents concluded that the deaf or hearing-impaired person is not directly accessible to the emergency services of the police, the fire department, and other public services of the protection network. The absence of trained servers or Libras interpreters to assist the user, the lack of adaptation of the service instruments, the lack of information, the low education, and the low proficiency in the Portuguese language on the part of the deaf, as well as the lack of visual signaling for preliminary care, and the absence of public policies for education and inclusion were cited as obstacles in the care of the deaf, victims of violence.

16
  • LISIANE SOUSA ALVES DUARTE
  • “We are not solving effectively, there is no justice”: arguments of judges as street-level bureaucrats in the implementation of custody hearings in Feira de Santana - BA

  • Advisor : EDGILSON TAVARES DE ARAUJO
  • COMMITTEE MEMBERS :
  • GABRIELA SPANGHERO LOTTA
  • ANDRE LUIS NASCIMENTO DOS SANTOS
  • EDGILSON TAVARES DE ARAUJO
  • Data: Dec 19, 2022


  • Show Abstract
  • The purpose of this study was to analyze the practices adopted by street level bureaucrats (criminal judges) of Feira de Santana-BA for implementation of custody hearings. The methodology was qualitative, with analysis of documents and literature on the subject, from the analytical constructs “street level bureaucracy” and judicial activism/bureaucratic activism for argumentative analysis of the implementation of public policy instrument custody hearing. There was field research, with semi-structured interviews with 06 (six) judges, 05 (five) active in the region of Feira de Santana and 01 (one) from Salvador, who was one of the responsible for this instrument in the state of Bahia. In the research, they are considered as street level bureaucrats, due to the features presented in the professional performance during the process of mediation between the government and the citizen. The data was categorized from analysis of content and narratives presented, trying to verify the arguments and practices of the criminal judges for the implementation of the custody hearings. The results showed a strong approximation of the judges’ practices with street level bureaucrats features, also mobilized from strong influence of the managerial ideology present in the Judicial Power. It were created 06 (six) empirical categories: a) relation judge and custodian based on the narratives of other actors; b) referral of the custodian by the judge for other network services; c) lack of procedural uniformity in the custody hearings with reproduction of unequal behavior for custodian; d) lack of necessary structure for custody hearings and judge’s workload; e) extra programs or activities developed by judges in the hearing audiences; f) judge formulator of operational norms of the hearing audiences based in their values. It turned out that the judges’ knowledge about current norms that treat the hearing audiences, as well as the practices and creation of specific routines based on coping behaviors that face pressure and resource management are typical of street level bureaucrats.

17
  • TIAGO SANTOS DE QUADROS
  • An ethnographic look at the processes of implementing socio-educational measures in an open environment in the city of Itabuna/BA.

  • Advisor : ANA CLARA DE REBOUCAS CARVALHO
  • COMMITTEE MEMBERS :
  • ANA CLARA DE REBOUCAS CARVALHO
  • IVETE MARIA SANTOS
  • JALUSA SILVA DE ARRUDA
  • Data: Dec 19, 2022


  • Show Abstract
  • The practice of delinquent acts by adolescents can indicate the exposition of that stressors facts
    resulted by vulnerabilities which they are exposed as the familiar breakdown, the single
    parenthood the school evasion, the low schooling and the gap in relation to age x grade, the
    structural racism, the racial and socioeconomic inequalities, the gender relations, the criminal
    selectivity on grounds of race, social condition and other, as the verification of socioeconomic,
    educational and health perceptions. So, the present searching tracked an ethnographic report of the
    law processes related to the compliance of the socio-educational measure in an open environment
    at the city of Itabuna/BA, in the year of 2019, and the documents produced there, to verify the
    perceptions around the teenagers attended, from omissions and relevant absence about different
    themes referring to that group. Still searched, to problematize the group of perceptions and profile
    from the need of attendance from an intersectoral perspective to identify the challenges of this
    service, producing suggestions which could contribute to its improvement with the orientation of
    the integral protection for children and teenager doctrine. The searching methodology has an
    ethnographic nature, from the condition of observer/ participant of the author which acts as a
    Consultant Judge at the Childhood and Youth Court from Itabuna/BA and their experiences and
    concerns tried along the 6 years of work, what is been configured as the first step at the
    exploratory phasis and still having as basis the produced documents, specially the IAP, where
    were extracted the information at the second stage of exploratory phasis, following were
    transformed in data through a fed matrix by the filling of an electronic form and, whom,
    posteriorly were analyzed quality-quantitatively from the way which was been held the stage of
    ethnographic writing, correlating the highlighted at the dissertation. The search held with the
    consent of the Judge preserving the data secrecy and people involved. At the end was found the
    necessity to adopt practices to overcome the remnants of the irregular situation and the stigma of
    the condition violator minor, as well as the promotion of intersectoral practices even with the
    children and the teenagers on coeducational process and children and teenagers on social
    vulnerability to give effectivity to integral protection doctrine for them.

2021
Dissertations
1
  • AMADU VICTOR BEDAM
  • Human Rights in the Face of the Guinea-Bissau Prison System: Study on the Forms of Pre-Colonial Punishment for the Current Prison Model

  • Advisor : ANDRE LUIS NASCIMENTO DOS SANTOS
  • COMMITTEE MEMBERS :
  • ANDRE LUIS NASCIMENTO DOS SANTOS
  • SALETE MARIA DA SILVA
  • MARIA ELISA HUBER PESSINA
  • TACILLA DA COSTA E SA SIQUEIRA SANTOS
  • Data: Feb 26, 2021


  • Show Abstract
  • The precarious situations of some prisons in the world and in Africa in particular, have triggered concerns of some states and bodies that promote and protect human rights. The precarious nature of prisons and their inefficiency in rehabilitating inmates resulted in several alternative criminal policies, adopted by some countries in order to alleviate the deficits found in their respective prison systems. This research is based on the premise that the biggest problem in the African prison system is the overcrowding of cells and the deterioration of buildings, according to data from the African prisons survey in 2008, reveal that the average number of prisoners awaiting trial in the continent is 45 per 100,000, while the global figure is 44 per 100,000. While the average global rate of detention awaiting trial is 29%, in Africa it is 36%. The reality of the prison population in Guinea-Bissau is no different, for example, in the Bandim detention center, with the capacity to cover up to 56 people, it currently has 120 detainees. With the political instability and the current economic situation in the country, there is a clear need to adopt prison policies capable of promoting and protecting the rights of people deprived of their freedoms, as well as providing them with real rehabilitation. That is, the penal policy must be based on restorative and non-retributive bias. Based on this assumption, we propose a system of social control capable of respecting the country's cultural diversity, that is, one that seeks to reconcile customary Guinean law with the current positive law through elective dialogue. Above all, its forms of social control, said dialogue must ensure respect for the human and fundamental rights of persons deprived of their freedoms, as well as respect the Guinean cultural mosaic. Therefore, with the merger between alternative punishment measures, national and international instruments for human rights in the country and Guinean interculturality, we will thus have an effective and efficient model of social control, which we call Multicultural Alternative Penalties.

2
  • LUIS ANTONIO NASCIMENTO FONSECA
  • THE PERSON'S RESIGNIFICATION CENTER IN DEPRIVATION OF FREEDOM: A PROPOSAL FOR THE BAHIA PRISON SYSTEM FROM THE PEN'S INDIVIDUALIZATION

  • Advisor : CLAUDIA MORAES TRINDADE
  • COMMITTEE MEMBERS :
  • CLAUDIA MORAES TRINDADE
  • JACIRA CRISTINA SANTOS PRIMO
  • KARINE FREITAS SOUZA
  • Data: Apr 14, 2021


  • Show Abstract
  • In this dissertation, the creation of a Center for the Resignification of the Person Deprived of Liberty is proposed at the Complexo Penitenciário da Mata Escura as a pilot experience. A space that provides assistance to the person deprived of liberty by applying the constitutional principle of individualization of punishment without disregarding their previously defined socialization, their cultural baggage and other elements of their life prior to imprisonment, that is, their acceptance as a human being capable of resignifying their world view through assisted activities such as access to education, professionalization and, above all, health. In order to do so, the constitutional guideline on individualization of punishment in the execution of a sentence involving deprivation of liberty is discussed in the light of the challenges found in the functioning of the prison system, more specifically in Bahia. The movement of prisoners that are entering the Penal Observation Center - COP (Salvador - Bahia), located in the Complexo Penitenciário da Mata Escura, the unity responsible for the admission of male prisoners and for the subsequent reception in the prison units of the capital of Bahia, during 2019 is analyzed. Finally, the intervention of a Work Plan for the Penal Observation Center of Salvador is presented, aiming at the application of the principles of individualization of punishment in the procedures of admittance and at the proposal of a Center for the Resignification of the Person Deprived of Liberty as a pilot project within the Complexo Penitenciário da Mata Escura. The methodology applied was field research, data collection, interviews and the construction of a diagnosis that provided a survey of the profile of prisoners that were entering the prison system of Salvador throughout 2019. Variables such as age, color/ race, education, professional occupation, membership or not of a criminal organization, family and residential context, religion, sexual orientation, article of the penal code were analyzed.

3
  • FRANCISCO MELO MASCARENHAS
  • The production of truth in the investigation of deaths resulting from police action: an analysis of the evidence present in police investigations from 2016 to 2018, in Feira de Santana, Bahia.

  • Advisor : MARIANA THORSTENSEN POSSAS
  • COMMITTEE MEMBERS :
  • ANDRIJA OLIVEIRA ALMEIDA
  • MARIA GORETE DE MARQUES DE JESUS
  • MARIANA THORSTENSEN POSSAS
  • RICCARDO CAPPI
  • Data: May 7, 2021


  • Show Abstract
  • This research analyzes the production of the truth in police investigations that deter-
    mined deaths resulting f rom police intervention in the municipality of Feira de Santa-
    na, Bahia. The research was carried out considering that the legal practices contrib-
    ute to the formation of truths that emerge from narratives about the facts and that do
    not reproduce the realit y. P olice lethality is aimed, above all, at the poor and black
    populations, who suffer a process of incrimination in orde r to justify the violent action
    of State agents. The analysis covered the description of the content of the narratives
    of military poli ce o fficers under a qualitative approach, through verification of practic-
    es and forms that were repeated in the texts, ma king it possible to show how police
    discourse was constructed and presented to confer legality to police action. As a
    conclusion, it wa s no ticed that the investigations have been serving as a means of
    legitimizing deaths practiced by police, following a pr e established script that mostly
    gu arantees the recognition of the narratives offered by the military as true.

4
  • CINTIA CRUSOÉ GUANAES GOMES SOARES
  • Confronting school violence and students with disabilities from the perspective of inclusive education

  • Advisor : SONIA CRISTINA LIMA CHAVES
  • COMMITTEE MEMBERS :
  • MARIA CRISTINA TEIXEIRA CANGUSSU
  • SONIA CRISTINA LIMA CHAVES
  • THERESINHA GUIMARAES MIRANDA
  • Data: May 10, 2021


  • Show Abstract
  • This study analyzed the project to tackle bullying at school and the perception of students with disabilities from the perspective of inclusive education in Bahia in 2019. This study was exploratory with a qualitative approach through the analysis of the Project "#SejaBrother - Together against Bullying" of the Public Ministry of the State of Bahia to assess its repercussion and results among students with disabilities, inserted in schools offering regular education of the public and private network of the Municipality of Salvador. Six students and their parents who participated in the project in 2019, named I Student Forum for the Culture of Peace, were interviewed online. Results: The study revealed unique perceptions of students with disabilities, when inserted in an education project in an inclusive perspective and the need for adaptations of the project and the school approach to effectively reach this segment. Most recognize the various violent actions as a practice of this phenomenon and called attention to the practice of bullying not only in the school space, but, even higher, in the family environment and neighborhood. In addition, the regular school has not been a privileged locus for the spread of anti-bullying practices. Among the aspects for improving the program, it is suggested greater attention directed to them during the discussions, greater participation of the family in its process and involvement of regular schools, with systematic actions. There is a need for a reformulation of public educational policies that effectively guarantee the participation of all students and the integration of defense bodies for children and adolescents, based on the realization of research that considers students with disabilities as a regular public in education. It is necessary to change paradigms, recognize violence, understand the learning processes of people with disabilities and, above all, insist on education as a basis for resuming the human that exists within each one.

5
  • MARCIO DE OLIVEIRA NEVES
  • Crimes against tourists in the city of Ilhéus.

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • EDSON MARCOS LEAL SOARES RAMOS
  • IVONE FREIRE COSTA
  • MONICA DE MELO FREITAS
  • Data: Jun 8, 2021


  • Show Abstract
  • The city of Ilhéus, in the State of Bahia, Brazil, has an undeniable tourist vocation, not only for its natural beauty, but also for its projection as a result of the works of several writers, especially the works of Jorge Amado and Adonias Filho, who, with a backdrop of cocoa culture, they wove enchanting stories of the local culture. This research aimed to show the profile of crimes against tourists registered at the Tourist Protection Police of Ilhéus, from 2016 to 2018. Based on the documentary research, a quantitative and qualitative study was developed. Through the statistical technique of exploratory analysis, a quantitative approach was carried out in a study on violence against tourists in the city of Ilhéus, based on data from police incidents recorded in the city of Ilhéus, involving tourists, as victims of criminal actions. In the qualitative approach, police reports registered by tourists victims of crimes in Ilhéus were characterized. The results revealed a predominance of patrimonial violence, specifically with higher incidences of theft and robbery among the crimes that affected tourists in Ilhéus, not being reached by the homicide rates, expressive in the municipality in 2017, when an estimated homicide rate of 78 was indicated. .6 for every 100,000 inhabitants. It was also found that the most frequent target was the tourist transiting, traveling on public roads, with the period with the highest incidence of registrations from December to March. The conclusions of this research allow us to affirm the importance of studying the crime that affects tourists in Ilhéus, as a tourist destination, for better repression, as it is a concrete social problem, and that the intensification of prevention measures by the police, identifying the places and types crimes, is imperative for effective confrontation.

6
  • MIRELLA BARROS CONCEIÇÃO BRITO
  • The Public Ministry of the State of Bahia in the fight against corruption: institutional rationality and planning

  • Advisor : RUBENILDA SODRE DOS SANTOS
  • COMMITTEE MEMBERS :
  • CLÁUDIO ANDRÉ DE SOUZA
  • JULIO CESAR DE SA DA ROCHA
  • RUBENILDA SODRE DOS SANTOS
  • Data: Jun 30, 2021


  • Show Abstract
  • Brazilian Public Ministry is a very peculiar institution. Its duties have been definitely defined by 1988’s Federal Constitution. Although it was initially projected to defend the public administrator, after the historical process that defined its outlines, the Institution started to defend democratic interests. Still recognized as the protagonist in individual penal liability, through judicial actions, the Institution is also engaged in guaranteeing social rights, such as health, education, environment, ensuring an administration of public interests that is honest, transparent, efficient and impersonal. That way, the Institution itself, in face of the multidoor system, becomes a department for accessing justice. Therefore, the Public Ministry began to adopt governance instruments in order to define its primary actions, as well as to present to society which social results could be expected. This research analyses, then, the Strategical Plano of Public Ministry in the State of Bahia (MPBA), in what regards fighting corruption, in the actuation time span of 2011-2023, focusing on the period on the 2016-2019 Pluriannual Plan, once actuation data has been already inserted in the informatized system for this time period. In order to perform the research, it has been necessary to reach out for different research instruments, such as personal interviews, documental analysis, opinion research; to enable the understanding of how the Strategical Plan guides the execution MPBA members’ functional activities; presenting thus what methodology is primarily used by the Institution to protect public affairs, with special attention to institutional prerogatives constitutionally established, as functional independence, autonomy and unity. The research came to the conclusion that MPBA does not hold a functional architecture that guarantees the Institution accountability.

7
  • RODOLFO RIBEIRO DE LA FUENTE
  • A diagnosis of improbity in municipalities members of the Jacobina Prosecutor's Office in light of the TCM/BA judgments.

  • Advisor : RUBENILDA SODRE DOS SANTOS
  • COMMITTEE MEMBERS :
  • JOÃO APOLINÁRIO DA SILVA
  • LICIA MARIA SOUZA DOS SANTOS
  • RUBENILDA SODRE DOS SANTOS
  • Data: Jul 16, 2021


  • Show Abstract
  • The scope of this work is to carry out a diagnosis of improbity in the municipalities that make
    up the Jacobina Prosecutor's Office. To this end, the judgments of the Court of Accounts of
    the Municipalities of Bahia were analyzed regarding the complaints received and the annual
    accounts of the Municipal Mayors and the Presidents of the City Councils, between the years
    of 2015 and 2019. From then on, it was possible to identify the acts of potential misconduct
    occurred in the proposed geographic space and time frame. As a theoretical framework, works
    by national sociologists such as Faoro, Buarque de Holanda and Jessé de Souza were revisited
    as a way of analyzing the historical weakness of the notion of public interest in Brazil.
    Improbity was related to the category of trust, Weber's Bureaucratic Theory and the relevance
    of accountability in democratic systems. The types of control (internal and external) and the
    typology of fraud in public tenders were addressed, with the aim of facilitating the
    understanding of the data obtained and the proposed measures. At the end, suggestions were
    made for the improvement of repressive and preventive means to combat improbity, notably
    the institution of an integrity program, the reinforcement of public transparency, internal and
    social controls, the use of special investigation techniques and greater exchange of
    information between the members of the Public Administration control system.

8
  • ALINE CURVELO TAVARES DE SÁ
  • FACING CRIMINAL ORGANIZATIONS BY THE SPECIAL ACTION GROUP FOR FIGHTING CRIME ORGANIZED BY THE PUBLIC MINISTRY OF THE STATE OF PARANÁ AFTER DECENTRALIZATION.

  • Advisor : ODILZA LINES DE ALMEIDA
  • COMMITTEE MEMBERS :
  • FÁBIO FÉLIX FERREIRA
  • LUIZ CLAUDIO LOURENCO
  • ODILZA LINES DE ALMEIDA
  • Data: Aug 5, 2021


  • Show Abstract
  • The present study hypothesizes the existence of increased effectiveness of ministerial actions to fight criminal organizations, according to the concept of Law No. 12,850/2013, when specializing in the regionalized action of GAECOS from the perspective of public security, justice and citizenship. Through a qualitative-quantitative and observational approach, we aim to analyze the productivity and impact on society of the decentralized action of GAECO MPPR, chosen for being the pioneer in the country. We focused on the statistical analysis of the retrospective productivity data for the years 2011 to 2020, highlighting the always positive variation after the creation of the Ponta Grossa center with regard to filed procedures (17.5%), instituted (21.29%) and in progress (40.76%). We carried out semi-structured interviews with the state coordinator of GAECO and of the referred Nucleus, obtaining a certificate regarding the receipt of only one procedure declined by the other regional nuclei when it was created. We collected publications in the press and institutional website of the MPPR and verified the lack of journalistic and institutional articles about the actions of GAECO in Ponta Grossa before the creation of the nucleus on June 29, 2017. We concluded by the possibility of improving the ministerial performance in order to to optimize the effectiveness in the fight against ORCRIM in the Brazilian Criminal Justice System, since it was demonstrated that the decentralization of GAECO in Paraná has provided better structural conditions and results in the fight against ORCRIM in that state, allowing for a focus on Macrocrime. We understand the need for replication of this policy in GAECOs that act centrally, especially in Bahia, as the Professional Master's Degree is the result of an agreement between UFBA and MPBA, as well as regulation via CNMP and standardization by the GNCOC structural group.

9
  • SELMA TAVARES DE MELO
  • Networking of the Public Ministry of the State of Bahia to Combat Domestic Violence against Women: advances and goals for effective prevention in the municipality of Alagoinhas-BA

  • Advisor : ANA CLARA DE REBOUCAS CARVALHO
  • COMMITTEE MEMBERS :
  • ADRIANA DINIZ RODRIGUES
  • ANA CLARA DE REBOUCAS CARVALHO
  • JULIANA TONCHE
  • Data: Oct 22, 2021


  • Show Abstract
  • Combating Domestic Violence against Women is a sensitive and complex problem within
    Public Security, requiring responsible studies that corroborate the prevention and judicial
    control of this social problem, due to its notorious growth in the country and women's sense
    of insecurity (DATASENADO, 2019). The publication of the Maria da Penha Law in Brazil
    (Law 11.340/06) constitutes an important legal advance in the matter, however, the
    implementation of the measures it advocates depends on a long process of improvement and
    awareness of police, justice and health professionals, that this problem requires prompt and
    zealous care for its victims. The Public Ministry, holder of the criminal action, and author of
    the processes that investigate violence against women in the criminal area, identified that there
    was difficulty in articulating the various bodies that make up the Women's Protection Network,
    often generating discouragement in the formalization of complaint by the victims. The
    Thematic Chamber of Domestic Violence of Alagoinhas-BA appears in 2016 as a proposal by
    the Public Ministry to promote networking, to protect women in the municipality, through the
    management and sharing of information, which provides a more effective service. to this
    audience. Given the relevance of this initiative, this case study aims to analyze the
    performance of this project, as well as to identify the perspectives of representatives of the
    main bodies participating in the periodic meetings of the Thematic Chamber, based on the
    analysis of minutes and application of semi-structured interviews. The identification of any
    weaknesses existing in this arrangement and in its mode of operation, will make it possible to
    add suggestions that improve the model, as well as extend its application to other
    municipalities where the Public Ministry is able to implement this project. As a highlight of
    the service offered by local equipment, the performance of Ronda Maria da Penha, masterfully
    carried out by the Municipal Civil Guard, will be highlighted. In this connection, the
    improvement and commitment of the actors involved may allow an increase in the level of
    women's confidence in the service offered until then, capable of directly affecting the effective
    reduction of the rates of violence against women, especially in the context of affective
    relationships.

10
  • Fernando Santos da Silva
  • NECROPOLITICS AND MASS INCARRIAGE: AN ANALYSIS OF COURT PROCEEDINGS FOR DRUG TRAFFICKING IN SALVADOR-BA IN 2020

  • Advisor : RICCARDO CAPPI
  • COMMITTEE MEMBERS :
  • DANIELA CARVALHO PORTUGAL
  • FELIPE DA SILVA FREITAS
  • MARIANA THORSTENSEN POSSAS
  • RICCARDO CAPPI
  • Data: Dec 8, 2021


  • Show Abstract
  • The present work investigates the relationship between lawsuits for drug trafficking and racism. It is part of the field of empirical research in law, using a qualitative approach, also using descriptive statistics, using documentary research and interviews as methods. The corpus comprises 197 processes with 252 defendants, from the three specialized drug courts in Salvador-BA, whose sentences were published from January to June 2020 in the Electronic Justice Gazette. We also have 05 interviews with judges and judges of the Court of Justice of the State of Bahia who work or have worked with legal processes for drug trafficking, in order to directly access how (and if) the judges see racism in these types of processes, as well as what they think about the context of the “war on drugs”. When carrying out the analysis, it was noticed that the people who respond to this type of process are almost exclusively young, black, poor, and poorly educated men. It was found that the dynamics of action of punitive power and secondary criminalization (by the police) occur mainly in the city's black neighborhoods. The statistical balance of these processes has as its main conclusion the finding of a drug repression policy largely based on the actions of the Military Police, with little previous investigation, based on flagrant acts. There is also low seizure of amounts of money, weapons and even drugs. It was also possible to characterize the judgments that condemn, acquit and disqualify in these processes. Punishment for drug trafficking is the one that most incarcerates black people in Brazil. Amidst the weaknesses found in this study, both with regard to drug legislation, as in concrete cases judged by the Court of Justice of Bahia, notably in relation to the evidentiary elements, the black population continues to have its enjoyment of life limited, or rather, mowed down by the criminal justice system. Under the authorization of the "war on drugs", which, as found in this research, is a war against black people and peripheral territories, the Judiciary Branch has not exercised its constitutional role of guaranteeing rights, functioning as an organ that reiterates and endorses control and segregation of the black population.

11
  • MARCOS ANTONIO DE SOUZA
  • CIVIL POLICE AGENTS AND REGISTRIES OF THE STATE OF BAHIA, PROFILE, TRAINING AND POLICE PRACTICE: A COMPARISON BETWEEN THE CLASSES OF THE 1997 AND 2013 PUBLIC TENDER

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • MARCO MENEGUZZO
  • IVONE FREIRE COSTA
  • JOSE MARIA CARVALHO FERREIRA
  • MONICA DE MELO FREITAS
  • Data: Dec 14, 2021


  • Show Abstract
  • This study discusses the connections between the training of civil police officers (Bahia), and its applicability in daily work, from the perspective of graduates of police training courses in Bahia, carried out by the Police Academy (ACADEPOL). Based on the scientific research of the 2013 class, in continuation of a previous analysis carried out with the 1997 class, it reaffirms the mismatch between knowledge acquired in the academies, for the performance of police work and the reality in which the daily work of the police is carried out. However, it ponders the mismatch with the evidence of the dimensions, professional, personal and quality of training, in the three areas of affectation, which directly concern improvements in the performance of police work; innovative experiences in a professional context, based on reflections and investigations carried out during the course. A collective understanding of the social role of the police and a view on the importance of training and valuing the police force has not yet been developed. They are referential questions for the construction of an institution of democratic values, therefore, aimed at meeting collective interests, as opposed to defending the interests and ideologies of governments. The empirical research of a qualitative nature used a semi-structured interview script, carried out through the web, using the Google Form (Google Form's) as an instrument, with 28 personalized questions and multiple choice answers for the 1997 class, and 25 questions for the 2013 class, sent via the Google platform, or access via Gmail, according to the email address in the reference. The choice of classes resulted from the 1997 experience, the last with high school education to join the institution, while the 2013 class was the first to join the Civil Police, with higher education. The results of the training of civil police officers (Bahia) and its application in the daily work showed a relative connection between the training received and professional practice, with greater discrepancies in the 2017 class, with a clear departure from the democratic vision and a rupture in the understanding of essence of the meaning of what is "discipline", "justice" or "public security", allied to the defense of rights, yours or others.

12
  • IGOR CLOVIS SILVA MIRANDA
  • HERITAGE PROSECUTION AS A MEANS OF ADDRESSING CRIMES AGAINST PUBLIC ADMINISTRATION IN THE LIGHT OF THE THEORY ECONOMICS OF CRIME: OPERATION ANALYSIS ADSUMUS

  • Advisor : DEQUEX ARAUJO SILVA JUNIOR
  • COMMITTEE MEMBERS :
  • DARIO JOSÉ KIST
  • DEQUEX ARAUJO SILVA JUNIOR
  • JOAO MARCELO PITIA BARRETO
  • JOSE MARIA CARVALHO FERREIRA
  • Data: Dec 14, 2021


  • Show Abstract
  • The present dissertative text had as premise know how the elements of the economic theory of criminal behavior (Gary Becker) would be applied to crimes against Public Administration, from the analysis of primary data of Operação Adsumus, undertaken by Ministério Público do Estado Bahia. From this perspective the text analised assets pursuits and the forfeiture in the crimes against Public Administration through the prism of economic approach in order to evaluate its outcome as a way to prevent and deal with these kind of crimes. We sought to describe the premises of The economic theory of criminal behavior, also, explain the nature and the purpose of forfeiture and assets pursuits in the brazilian legal system as well what mecanismes would reduze the benefits and increase the costs of criminal activity. From the documental resarch the object of criminal cases of Operação Adsumus is described, especially the patrimonial prosecution carried out by the state prosecutor, besides the economic dimension of the perpetrated crimes. With the analysis and establishment of data from the patrimonial pursuit of Operação Adsumus and using the analytical induction methodology (DESLAURIERS, 1977), the provisional hypothesis and qualitative analysis of the research results were elaborated. The achiviements reveal that the assets pursuit may serve to facing crimes against public administration reducing benefits for criminals and increasing their costs, as long as certain assumptions are observed by investigators and the state prosecutor. The following authors allowed reflections on this subject, we dialogue with Gary Becker (1974), the creator of economic approach to crime, and with the criticisms of the theory made by Michel Foucault (2021), and also the writings of Luiz Eduardo Dias Cardoso (2018). Within the framework of legal dogmatic theorists who discuss the pursuit of property and confiscation had as reference authors such as João Conde Correia (2012), Tiago Cintra Essado (2014), Paulo Roberto Bérenger Alves Carneiro (2019) e Tiago Misael de Jesus Martins (2019). Thus, observing the premises of the definitive hypothesis established in the research, in the terms of the economic theory of criminal behavior, the prosecution of assets causes a decrease in benefits, an increase in costs and in the possibility of punishment, and is an important disincentive to criminal practices against the public administration. 

13
  • ALINE COTRIM LIMA
  • Trust in the Public Prosecution Office: the Perspective of Interinstitutional Interlocution Actors.

  • Advisor : IRIS GOMES DOS SANTOS
  • COMMITTEE MEMBERS :
  • ANDRIJA OLIVEIRA ALMEIDA
  • IRIS GOMES DOS SANTOS
  • LUDMILA MENDONÇA LOPES RIBEIRO
  • Data: Dec 17, 2021


  • Show Abstract
  • The present research aimed to understand which factors were related to the trust that the actors of institutional interlocution placed in the Public Prosecution Office, using the survey method. Studies of political trust have been developed from culturalist and institutionalist theoretical traditions, and there is currently an attempt to bring together these approaches, defending the argument that attitudes of institutional trust are formed from the judgment arising from citizens' experience with institutions, influenced by the perception provided by political culture. Following this mixed model of analysis, we tested the main hypothesis of the study, that both culturalist and institutionalist variables are potential explanatory factors of trust in the Public Prosecution Office, with no predominance between them. In addition, we sought to understand whether a more traditional role of the member of the Public Prosecution Office ("cabinet prosecutor") negatively impacts the trust the institution enjoys, a secondary hypothesis of the research. Using the technique of descriptive statistical analysis of the data, together with the Spearman test, it was possible to test the main hypothesis of the research, which could be confirmed, since the data showed the absence of preponderance between the institutionalist and culturalist variables in explaining confidence in the Public Prosecution Office. The secondary hypothesis was not confirmed. In general, the results indicated that being over 45 years old, having a higher level of education (incomplete) and a non-Pentecostal evangelical religion have a positive impact on trust in the Public Prosecution Office. In turn, the legitimacy of the institution's actions, as well as its being recognized as having positive performance attributes, such as: good performance, ethics and the qualification of its members, also positively impacts trust in it. Finally, the interviewee's direct contact with the Public Prosecution Office and a good assessment of this interaction reflect positively on trust in the institution.

14
  • MARCELO PEREIRA DAS NEVES DE OLIVEIRA
  • CHALLENGES AND PERSPECTIVES OF STRATEGIC MANAGEMENT IN STATE PUBLIC SAFETY SYSTEMS: the Bahia experience.

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • EDSON MARCOS LEAL SOARES RAMOS
  • IVONE FREIRE COSTA
  • JOSE MARIA CARVALHO FERREIRA
  • Data: Dec 17, 2021


  • Show Abstract
  • The fundamental right to security is fundamental to any nation-state. Without it, socioeconomic and national development, as a whole, remains unfeasible. In this sense, the high levels of violence and crime in Brazil pose a major political-strategic and public management challenge to the State, with a view to reversing this situation. However, in general, the history of public security policies in Brazilian society has been characterized by its eminently reactive posture, consisting of mere punctual interventions, with rare exceptions. The recent law on the Unified Public Security System – SUSP, however, leaves implicit in its text the recommendation that the bodies that compose it adopt strategic organizational management, which is also a Herculean task, considering the complexity involved. . Among the main difficulties in the implementation of an effective strategic management, the lack of alignment between strategy, budget and operation stands out, which is common in organizations. In the case of the State Public Security Systems – SESP, this becomes an even greater difficulty, considering that the SESP is a multiple organization, characterized by the loose articulation between its components, which maintain sometimes conflicting relationships. The State of Bahia has been experiencing the incorporation of this process since 2015. Thus, this paper aims to analyze the connections of the strategic management process of the State Public Security System of Bahia, between 2016 and 2020, based on the reflection on how they happen the articulations between strategic planning, public budget and operational routine, within the scope of the SESP's own dynamics. For the development of this work bibliographical, documental, historical, comparative, functionalist and observational researches were carried out. As for the approach methods, the hypothetical-deductive logic was adopted, being a predominantly qualitative research. Furthermore, the complex thinking and systemic perspectives of Niklas Luhmann and Gunter Teubner support the analysis. From the questionnaires and interviews applied, the results obtained indicate that the articulations between strategic planning, public budget and operational routine, within the scope of the SESP, occur in a very limited way, which is confirmed in the experience of Bahia, whose process connections of strategic management, despite having evolved in the researched period, still need improvement.

15
  • FRANK MONTEIRO FERRARI
  • "FOLLOW THE PUBLIC EXPENDITURE": THE BUDGET EXECUTION MACRO PROCESS AS A GUIDING THREAD FOR THE INVESTIGATION OF EMBEDDING-DEVIATION CRIMES IN THE CONTEXT OF CONTRACTING SUPPLIERS

  • Advisor : HORACIO NELSON HASTENREITER FILHO
  • COMMITTEE MEMBERS :
  • PEDRO DURAO
  • HORACIO NELSON HASTENREITER FILHO
  • IVONE FREIRE COSTA
  • JOSE MARIA CARVALHO FERREIRA
  • Data: Dec 20, 2021


  • Show Abstract
  • This work aims at contributing to the improvement of State criminal persecution activity (criminal accountability) towards complex corruption crimes specially embezzlement in the context of public contracts with suppliers, involving deviation of vast amounts of public resources annually in Brazil. Through the establishment of logic and chronologic relations between corruption crimes, money, budget execution and probation activity, we propose an investigatory methodology for such phenomena, understanding them under the lens of budget execution macroprocess with double angle: theoretical or static-normative (given by regulatory norms for public expenses completion) and practical or dynamic-structural (given by the ordinary administrative practice regular in the model normatively placed). The normative-chronological and structural-spatial comprehension of budget execution macroprocess establishes a procedure that has been unfolding itself, in the recent institutional practice at MPBA, as a useful technique not only for guiding the juridical-investigative thought in investigations initial planning and development, but also for assisting a more adjusted typification for investigated facts, a significative content extraction inside the wide universe of evidences (analytical activity) and a logic, simplified and concatenated exposure of multiple complex facts in judicial pleadings, facilitating the comprehension and syndicability of Judiciary Branch accusatory thesis by further procedural actors and by society itself.

2020
Dissertations
1
  • JELIANE PACHECO DE ALMEIDA
  • Traditional territory as condition of justice for quilombola communities: na analysis based on the socio-environmental conflicts of the RMS - Bahia

  • Advisor : JULIO CESAR DE SA DA ROCHA
  • COMMITTEE MEMBERS :
  • JULIO CESAR DE SA DA ROCHA
  • MARIANA BALEN FERNANDES
  • SONIA CRISTINA LIMA CHAVES
  • Data: Jul 6, 2020


  • Show Abstract
  • The present study is about the demands for Justice regarding to the traditional territories of quilombola communities of the Metropolitan Region of Salvador (RMS). It consists of a critical analysis of environmental injustice experienced by these groups, as well as the actions and measures adopted to implement Justice in the face of these violations. It establishes an interface between History and Law in order to reflect the traditional territory as a fundamental right, and its guarantee as a condition of Justice for quilombolas. It presents the main theories of justice, highlighting the environmental justice as the meaning that most approaches the reality experienced by the quilombos of the RMS. It approaches racism as a present element in the Brazilian social and political structure through civil inquiries and lawsuits regarding environment damages in these quilombos. It discusses quilombolas territories as relevant from the historical and environmental perspective, being true spaces of memory and biodiversity, so that the decisions that affect them need to consider the principles of the Environmental Justice. This study is justified by the fact that quilombolas were excluded from the legal acquisition of property in Brazil for more than three centuries, suffering violence resulting from this informality and, even with the constitutional recognition of their territories, they still have to fight to ensure the enforcement of this right. It argues that the Public Ministry of Bahia needs to include the study of the traditional territories and the environmental racism in its programs and training, especially due to the current context, when the preservation of these areas is questioned by politicians and entrepreneurs, through legal and administrative initiatives that constitute serious social and environmental setbacks, which requires a more conscious and combative action by the Agency responsible for these issues.

2
  • ANTONIO ARAUJO CARDOSO JÚNIOR
  • Voices from Recôncavo Baiano: a threat of domestic violence against women in Santo Antônio de Jesus

  • Advisor : KARINE FREITAS SOUZA
  • COMMITTEE MEMBERS :
  • ANDRE LUIS NASCIMENTO DOS SANTOS
  • ANDREA CARDOSO VENTURA
  • KARINE FREITAS SOUZA
  • Data: Jul 31, 2020


  • Show Abstract
  • Crimes of domestic violence against women are commonly observed in contemporary times, the maximum expression of a social order with gender intensities and mainly due to the patriarchal ideology still registered in our society, constituting, in this aspect, a medical, state and social condition. search for their coping. Thus, as the main agendas of the feminist agenda, they do not safeguard the physical and psychological integrity of threats, punishment of the offender, better access to the services of the justice system, etc. etc., and can also integrate as specific demands of women / use in a justice system that presents advances and still many obstacles. According to official data from the 2019 Atlas of violence, in Brazil, in 2017 alone, more than 221 million women sought by police delegations for records of aggression (intentional bodily injury) due to domestic violence, a number that may be very underreported for many people they are afraid or ashamed to report. In view of this reality that undermines the human rights of women, several measures adopted are systematically adopted to combat domestic violence, an example of legislative changes that, in the years 2018 and 2019 alone, accounted for 08 (eight) inaugurated laws that modified the Maria da Penha Law in search of greater effectiveness. If there is a provision or necessary direction of public policies to face the problem, due to the increase in the number of police occurrences. This research, in this perspective, is concerned with visualizing domestic violence against a woman in Santo Antônio de Jesus-Bahia-Brazil in the years 2016 and 2017, specifically, regarding the crime of bodily injury in the context of the Maria da Penha Law, describing the services of the existing coping network and highlighting, mainly, as voices of victims of domestic violence, through content analysis. Importing about the violence suffered, the obstacles observed on the day, the indication of the need for improvements in the services available to face domestic violence, etc. Thus, through episodic interviews, the objective was to raise the victim's voices about the domestic violence suffered and the main challenges experienced in the municipality. 14 (fourteen) victims were interviewed, who bring interesting narratives about the theme, with suggestions for the instituted bodies or about the understanding of the complex and challenging phenomenon that is domestic violence. The research also identified the dynamics of the system to face violence and listened to the actors who participate in it: judicial, police and assistance. Finally, it is believed that the present study, in seeking to know and analyze the content of the voices of victims of domestic violence, identified some gaps in the services offered to them, the neighborhoods in which domestic violence against women is concentrated, the needs pointed out by the victims for the reduction of cases in the municipality, for the vulnerabilities of the system, etc. This study was able to bring victims of the justice system closer to a perspective that is not only legal, but above all social, participatory and social and citizen.

3
  • RUANO FERNANDO DA SILVA LEITE
  • WHAT MOVES THE PUBLIC MINISTRY? ANALYSIS OF THE IDENTITY DEVELOPMENT PROCESS INSTITUTIONAL IN FACING CORRUPTION

  • Advisor : MILTON JULIO DE CARVALHO FILHO
  • COMMITTEE MEMBERS :
  • MILTON JULIO DE CARVALHO FILHO
  • RICCARDO CAPPI
  • LUDMILA MENDONÇA LOPES RIBEIRO
  • MARCO ANTONIO CHAVES DA SILVA
  • Data: Sep 29, 2020


  • Show Abstract
  • This paper analyzes the institutional development of the Public Ministry, seeking to understand what specifically moves the institution to face corruption. To this end, the research exposes the history of the Public Ministry and the Brazilian particularity of the institutional arrangement, listing the main events for its transformation. The study discusses corruption as an analytical category and a social phenomenon, which is the subject of anti-corruption agencies worldwide, notably the Public Ministry. In addition, it addresses the construction of the institutional image and the thematic preference of the Public Ministry, against the background of the discourse of corruption and impunity in Brazil. The study problematizes the Public Ministry as a structured field when comparing the results of the image and self-image research carried out with the various Public Ministries in Brazil. In particular, the development and structuring of the Public Ministry of the State of Bahia, considered the oldest in Latin America, was analyzed. In addition to documentary research, the work was carried out through a survey, through interviews and questionnaires with members of the Public Ministry of the State of Bahia. Among the results achieved, the study considers the formation of an institutional identity of an anti-corruption agency that interacts at the discursive level with the volatility of the institutional framework resulting from the fight against corruption.

4
  • Jair Antonio Silva de Lima
  • CRIMINAL ORGANIZATIONS AND PUBLIC SAFETY: REFLECTIONS IN THE LIGHT OF THE STJ JURISPRUDENCE

  • Advisor : CLOVIS ROBERTO ZIMMERMANN
  • COMMITTEE MEMBERS :
  • CLOVIS ROBERTO ZIMMERMANN
  • SELMA PEREIRA DE SANTANA
  • DEQUEX ARAUJO SILVA JUNIOR
  • Data: Oct 5, 2020


  • Show Abstract
  • This paper aims to understand how the Superior Court of Justice (STJ) decides and how it bases its decisions when judging habeas corpus (HC) filed by members of criminal organizations. In the current political-social context, violence and crime constitute public unrest, starting to feed a collective feeling of fear and insecurity. Despite initiatives by the Legislative Power to instrumentalize the penal normative system, these changes remain aligned with the punitive model of liberal traditions, in contrast to the current organized forms of crime and violence. In this sense, we seek to understand the extent to which this scenario of generalized insecurity as a result of the activities of criminal organizations is valued by the STJ in its judgments. We seek to identify the Court's decision-making pattern and what variables are manifested and how much they interfere in the direction of the decision. Specifically, we aim to define a criminal organization and present its main characteristics, in addition to identifying and analyzing the vocabularies of reasons used to support its decisions. We adopted Ulrich Beck's (2011) risk society as a theoretical framework, to work on the notion of risk atomization and generalized insecurity, as well as the theory of law as integrity by Ronald Dworkin (1999), which requires judges to consider that the public standards system is treated as a coherent set of principles. For the analysis of the corpus of this work, we used the motif vocabulary theory (MILLS, 2016) and, in a complementary way, we used Foucault's (1998) notion of power and discourse analysis (AD). The results obtained reveal that the Court has understood that the crimes committed by criminal organizations have a greater devaluation and, under this premise, made a reading of the element of risk to public order from the contemporary social context. 

5
  • ADELSON GONZAGA DE SOUZA
  • KNOWLEDGE MANAGEMENT: AN ANALYSIS ABOUT THE POLICY SURVEY CENTER OF THE PUBLIC MINISTRY OF THE STATE OF BAHIA

  • Advisor : HORACIO NELSON HASTENREITER FILHO
  • COMMITTEE MEMBERS :
  • DANIELA CAMPOS BAHIA MOSCON
  • HORACIO NELSON HASTENREITER FILHO
  • JOCELMA ALMEIDA RIOS
  • Data: Dec 16, 2020


  • Show Abstract
  • This exploratory-descriptive research aims to assess knowledge management at the Police Inquiry Center of the Public Ministry of the State of Bahia (MPBA), in the city of Salvador. For data collection, a questionnaire model was used to diagnose an organization's knowledge management maturity level. Through the application of this instrument, it was possible to analyze, based on the elements that enable knowledge management, such as leadership, processes, people, technology, knowledge processes, learning and innovation and results, to what extent the public organization in question contemplates the knowledge management in its management. The analysis of the results of this research allowed to identify that the knowledge management in the referred public organization is in an initial stage, since the organization is only beginning to recognize the need to manage knowledge, despite having difficulties in its implementation, and not there is an institutionalized project for this purpose. This study points out that the commitment of the upper administration body of the Public Prosecutor of Bahia is essential to structure its knowledge management, sensitize, stimulate and encourage its middle managers, its public servants and political agents, aiming at the generation, dissemination and use of knowledge in finalistic business processes. In addition, it points out that within the scope of the Inquiry Center there is no perception of the importance of knowledge management, a theme foreseen in the Strategic Plan (2011-2023) of the public organization, but not implemented, mainly due to the non-prioritization of this strategic initiative and the little understanding of knowledge management, with the challenge of creating an organizational context favorable to creation, converting tacit and explicit knowledge, to the storage and dissemination of organizational knowledge.

6
  • ANDRÉ BANDEIRA DE MELO QUEIROZ
  • Public security management in the federal government between 2018 and 2020.

  • Advisor : SONIA CRISTINA LIMA CHAVES
  • COMMITTEE MEMBERS :
  • CATHARINA LEITE MATOS SOARES
  • DANIELA CARVALHO PORTUGAL
  • SONIA CRISTINA LIMA CHAVES
  • Data: Dec 16, 2020


  • Show Abstract
  • The dissertation analyzes the federal management of public security in matters of homicides, femicides and control of firearms and ammunition in the country, between February 2018 and June 30, 2020. This was a case study of a qualitative and quantitative approach, through documentary analysis of legal documents, official data, academic research and journalistic materials published in newspapers of national and international circulation in this period. Among the main guiding concepts of the research, there is the discussion on governance, public policy management and crime design. For its delimitation, two periods of public security management in Brazil were considered, being part of the government of President Michel Temer (2016-2018) and part of the government of President Jair Bolsonaro (2019-2020), with a focus on reduction objectives the number of homicides, femicides and the control of firearms and ammunition, proposed in the PNSP. There was no consolidation of the desired reduction in any of the expected results, with an increase in the use of firearms. The merger of the Ministry of Public Security with the Ministry of Justice in 2019 not only impacted on the change in the form of governance, but also on the probable dispersion of importance before the theme, since the portfolio had specific objectives and goals, with a mostly technical bias and that they lent a robust foundation for the very existence of the Ministry. The increasing numbers of crimes surveyed, which confirm this empirical conclusion, show us that only in the first six months of 2020 the number of homicides (21,764 homicides) was greater than the number registered in the whole of 2019 (20,105 homicides). The study recommends the integration of political and social actions, as well as the need to overcome socioeconomic inequalities and the need to implement actions with greater dialogue between the Federal Government and all Federated Units, especially in relation to the effective restrictive control of access to firearms.

7
  • MARCO ANTONIO MAIA DOS SANTOS
  • Prevention of violence in the municipal context: a case study in Feira de Santana - Bahia.

  • Advisor : ANA CLARA DE REBOUCAS CARVALHO
  • COMMITTEE MEMBERS :
  • ANA CLARA DE REBOUCAS CARVALHO
  • MILTON JULIO DE CARVALHO FILHO
  • MARIA FERNANDA TOURINHO PERES
  • Data: Dec 17, 2020


  • Show Abstract
  • The municipality of Feira de Santana has high rates of violence, being among the more than 120 Brazilian municipalities that together represent more than 50% of the homicides and violent deaths with undetermined cause (IPEA, 2020). Based on the premise that the role of the municipality in addressing violence should be developed through multidisciplinary actions, with an organized structure, focus on intersectorality and preventive action, the municipality of Feira de Santana was analyzed, specifically, the Violence Prevention Secretariat (SEPREV), which has been developing its actions in this direction. In methodological terms, this study adopted a qualitative approach, through a case study in Feira de Santana, Bahia. For this, nine interviews were carried out with different actors belonging to the municipal structure in the prevention of violence, in addition to visiting some municipal structures. From the data produced, it was possible to understand how the municipality has acted to prevent violence. Some limitations were highlighted and the channels made available to the population to participate in the construction of preventive actions were identified. In this sense, this study points out situations in which the local entity performs actions shared with the police forces, providing structure, personnel and information to face violence. It was observed that intersectoral action appeared more prominently in the interaction between SEPREV and the Municipal Secretariat for Social Development, specifically, in welcoming people in situations of greater vulnerability. Several channels made available for the participation of the population were detected, however, most were presented, by the interviewees, as spaces of low adhesion by the population. Finally, as the municipality's performance must be guided by preventive and participatory actions, there is a need for the municipality of Feirense to foster greater participation by society in spaces designed for this purpose, so that, thus, the actions developed by the local entity legitimacy and social insertion, in guaranteeing the social right to security. 

8
  • CRISNA RODRIGUES AZEVEDO
  • Female imprisonment: a literature review on academic productions in Brazil, from 2009 to 2019. 2020.

  • Advisor : MILTON JULIO DE CARVALHO FILHO
  • COMMITTEE MEMBERS :
  • ANDRIJA OLIVEIRA ALMEIDA
  • ELAINE CRISTINA PIMENTEL COSTA
  • MILTON JULIO DE CARVALHO FILHO
  • Data: Dec 18, 2020


  • Show Abstract
  • In Brazil, in 16 years, the rate of women imprisonment has increased 525%. The singularities of female imprisonment in Brazil are directly related to the gender inequalities of Brazilian society and this promotes differences between the male and female imprisonment conditions. Women in prison are mostly black and poor, and these figures cannot be disregarded. This work has a general objective to demonstrate, through the literature review, the recurrent problematizations of female imprisonment, establishing milestones to understand the situation of women imprisoned in Brazil. The specific objectives are: 1. Organize, by production, the themes of empirical research in which women prisoners were heard, in order to understand the similarities between Brazilian productions; 2. Understand the most problematic themes in the fulfilled studies; 3. Bring up the methodologies and evidence produced by the studies. This work justifies the fact that women in situations of imprisonment live different singular situations of incarceration and, therefore, there is a need to systematize studies related to the imprisonment condition of women in Brazil, as well as there is a lack of systematic and integrative reviews of literature on the topic. Research has shown that, regarding the imprisonment of women, many themes intertwine, including health, motherhood, sociability among women prisoners. In this sense, the literature review allowed a multidimensional analysis regarding the issues involving women in prison, which reinforces the evidence about the need to carry out research from a multidisciplinary perspective, always addressing the categories, race, class and gender.

2019
Dissertations
1
  • FRANCISCO LUIZ TELLES DE MACEDO
  • COMMUNITY POLICE: THE NEW MODEL OF BAHIA’S MILITARY POLICE

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • DEQUEX ARAUJO SILVA JUNIOR
  • IVONE FREIRE COSTA
  • VALDIR FERREIRA DE OLIVEIRA JUNIOR
  • Data: Feb 25, 2019


  • Show Abstract
  • This dissertation is the result of qualitative and quantitative research on the Community Bases of Public Security in Bahia, as a model of citizen police, in which contextualized, its history, progress and achievements in Bahia in the application of proximity and community police, maintenance and expansion of the doctrine and management processes carried out, goals defined in the planning and effectively achieved, as well as the analysis of the initial attributions of the community bases, linked to the model implemented by the Public Security System of the State of Bahia, in particular by the Public Security Secretariat, through of the Military Police of Bahia, in accordance with the state's political orientation, linked to the Government Program, Pact For Life. The research sought to analyze the application of the doctrine used by the community bases of public security that, despite the temporal limitations and known difficulties due to the lack of fundamental parts of the collection of the subunits surveyed, were reached, outlined by the problem: The public safety Community Bases followed paths themselves, and thus constituting a new model of the Civic Police in the State of Bahia? And chance: The Community Bases of security-workshop of Bahia, built a new model of realization of philosophy and doctrine of Civic Police in the State of Bahia. To reach the desired reach, the hypothetical-deductive method was used, through bibliographical, documentary and field research, with the application of questionnaires which, tabulated and interpreted, allowed, together with the semi-structured interviews, subsidies for the development of the analysis, carried out along the course. The research allowed the unveiling of situations related to the application of the philosophy and doctrine of community policing, by the Community Bases of Security, its management, forms of operationalization, progress made and results obtained between the years of 2011, the date of the beginning of the installation of the first bases, until december2018, with the ups and downs of creative processes in the places where they were installed. 

2
  • FERNANDO AFONSO CARDOSO BORGES
  • FIRST ANSWERS TO THE ATTENDANCE OF CRIMINAL OCCURRENCES AGAINST FINANCIAL INSTITUTIONS WITHIN THE FRAMEWORK OF PMBA: a study carried out at the 97ª CIPM / IRARÁ.

  • Advisor : CLAUDIA MORAES TRINDADE
  • COMMITTEE MEMBERS :
  • CLAUDIA MORAES TRINDADE
  • EDVAL CARLOS DOS SANTOS FILHO
  • IVONE FREIRE COSTA
  • SARA OLIVEIRA FARIAS
  • Data: Jul 9, 2019


  • Show Abstract
  • The present dissertation studies a way of acting of th
    e Military Police is better
    known and effective in dealing with criminal occurrences. Independent of the
    Military Police, based in Irará Ba (97th CIPM / Irará). It is the institutional need to
    present a set of responses with a view to disciplining the perf ormance of the
    military police on such occurrences, since such acts are no more demanding than
    ever before. In the search for the final product, a being chosen by the research, the
    starting point was to understand the advantages and the similarities with t he
    cangaceirismo or rural banditry, delimiting the types of crimes, their characteristics,
    how a formation of the groups works, and how the Police Military of Bahia, based
    on the 97th CIPM / Irará, deals with such occurrences. The methodology used is
    both bibliographic research and field research with applications of questionnaires
    and interviews. The research course investigated the use of resources in the
    research and research unit, while policing research had to carry out a research
    activity. In order to facilitate the execution of the preventive and preventive
    possibilities, the greater probability of occurrence of preventive and repressive
    actions is the main justification of this dissertation. The theoretical deepening, the
    conceptualization and the co ntextualization of a research and the analysis of the
    qualitative and quantitative data through questionnaires and interviews, we
    presented at the end a set of first steps and the contingency plan for the
    attendance of occurrences of crimes against institu tions.
    Keywords:

3
  • TATIANA ELEUTÉRIO D'ALMEIDA E PINHO
  • Public Security Policy: the perspective of the Luhmannian systems theory in the architecture of security governance in Bahia (Brazil)

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • DEQUEX ARAUJO SILVA JUNIOR
  • DILSON ANTONIO ROSARIO DOS SANTOS
  • RUBENILDA SODRE DOS SANTOS
  • Data: Jul 19, 2019


  • Show Abstract
  • Brazilian society has been faced with difficult days due to the social consequences of the phenomenon of violence, faced by public security. In view of this, Bahia established in 2011 the Pact for Life Program (PPV). This study aimed to analyze the effectiveness of the security governance model adopted by the PPV, taking Niklas Luhmann's Theory of Systems as a theoretical-methodological reference, as well as discussing the concepts of this theory, in the light of the understanding of public security policy as a system Social; examining the governance and governance assumptions; to describe the PPV and its theoretical and empirical references, and to critically approach the PPV, from the described experiences, the forms of structural coupling between the sectoral chambers and the security governance around them. In this sense, we started with a review of the literature on Systems Theory and on the governance and security governance premises. Under the methodological approach, the investigation was materialized through a case study, which allowed a reflection on the current public security policy. The data collection procedure adopted was bibliographical and documentary. A qualitative-quantitative approach was used for the production and analysis of the data, based on field research, semi-structured interviews and questionnaire application to public security policy implementers in Bahia, Pernambuco and Maranhão. The methodological flow adopted was the hypothetical-deductive one, where it was tried to verify if the Systems Theory could contribute in unveiling the frailties of articulation or the structural coupling between the systems-part that compose the PPV. From the data analysis it was possible to understand the complexity that permeates the web of public security and supports the difficulty in submitting to a single regency similarly complex and autopoietic systems. Moreover, the reports collected allowed the PPV Executive Committee and the SSP to be identified as possible PPV structural couplings, and the preoccupation with the insulation of the Public Security Sector Chamber within the PPV and the vulnerability of the current governance implemented became evident. The implementation of a new organizational structure of PPV governance imposes the greatest challenge for the PPV to be able to orchestrate the necessary institutional arrangements. Finally, it is concluded that the assumption of this research was confirmed when, when understanding how a structural coupling can establish a relationship between different, complex systems, one can perceive the fragility of the articulation between the Sectoral Chambers and between the constituent bodies of the PPV.

4
  • IVAN CARLOS NOVAES MACHADO
  • The criminal penalty - a review of the concept of criminal penalty before the 1988 Federal Constitution.

  • Advisor : FABIO PERIANDRO DE ALMEIDA HIRSCH
  • COMMITTEE MEMBERS :
  • FABIO PERIANDRO DE ALMEIDA HIRSCH
  • IVONE FREIRE COSTA
  • KALINE SANTOS FERREIRA
  • Data: Aug 5, 2019


  • Show Abstract
  • The present research work seeks to review the concept of criminal penalty after the 1988 Constitution. The role of penalties provided in the Penal Code, art. 32, is inconsistent with those set forth in art. 5, XLVI, of the Federal Constitution of 1988; these are broader. This difference between what is in the Constitution and what the Criminal Code predicts has not yet been the object of questions and reflections by doctrine and jurisprudence. Seeking to analyze these legal consequences from the concepts of civil unlawful and criminal illicit, to deal with the derogation of art. 32 and 92 of the Criminal Code, in view of the changes brought by the new Constitution, as well as the principle of non bis in idem. Also incorporated was the analysis elaborated by Professor Alvaro Pires, regarding modern criminal rationality, and the limitations that criminal law has in thinking critically, outside the prevalence of prison sentences.

5
  • JOAO PAULO SANTOS SCHOUCAIR
  • Money Laundering: an analysis of its facing by the state prosecutor of Bahia, in the period 2014/2017, in the city of Salvador.

  • Advisor : FABIO PERIANDRO DE ALMEIDA HIRSCH
  • COMMITTEE MEMBERS :
  • FABIO PERIANDRO DE ALMEIDA HIRSCH
  • JOÃO APOLINÁRIO DA SILVA
  • KALINE SANTOS FERREIRA
  • Data: Aug 5, 2019


  • Show Abstract
  • The objective of this study was to analyze money laundering and its formatting provided by Law 12683/2012. The evaluation of this topic was based on Law 9603/1998 and the influence of the international regulations adhered by Brazil. Thus, it was presented the systematization of the phenomenon of capital recycling, with theoretical criminological fixation in the Sutherland, analyzing its approach by the Justice System and, in particular, the one made by the Brazilian Public Prosecutor's Office. The conclusions of the established theoretical framework, consisting of the differential treatment given by the criminal prosecution agencies to the white-collar criminal, in which the agents of money laundering are inserted, began to demonstrate the need for ministerial action in the field of laundering, only then, to evolve to the analysis of the performance by the Bahia State Prosecutor in the matter. At the end, the visions of members of the Bahia Parquet on washing were drawn, closing the work with the sign that there is much work to be done, a vast horizon is approaching and the goals to embrace it will only be reached with planning and cultural change institution.

2018
Dissertations
1
  • KARINNA SIMAS DE SALLES LEÃO
  • Internal control model for the Public Prosecutor’s Office in the State of Bahia.

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • EDUARDO MANUEL DE FREITAS JORGE
  • NEIVALDA FREITAS DE OLIVEIRA
  • SONIA CRISTINA LIMA CHAVES
  • Data: Feb 1, 2018


  • Show Abstract
  • This master's degree research focus the Internal Control point of view of Bahia State Public Prosecutor's Office (Public Ministry – PPO). It aims to point the main design flaws of the PPO Control department that may act as a barrier for a state-ofthe-art performance of the PPO as a whole, and also how this part of the Office can
    help towards delivering all the resources (human and material) so the Office's main purpose may deliver real citizenship experience for all population. This work looks to show solutions to design problems that were raised on the field research, proposing an intervention project that will discuss and come out with guidelines, all inspired on a systemic-aware process-oriented approach, to widen the effects of the Control department activities, through diffuse internal control implementation. The relation between the Internal Control and its effect on the role of the PPO, in matters of assuring fundamental rights, swinging from a (usually criminal) law enforcer point of view to a partner for a more equal society standpoint, showing real projects that are
    implemented and running, that means costs to keep running and demand a financial plan and management so the projects can leave the paper and become real. The work is about the “complete citizenship” concept that will be used throughout this work and how the field research affected the decision on what theoretical and
    methodological references would be used, choosing a bias that would deliver pragmatic operational solutions regarding the day-by-day lived on PPO Control unit. And also, this work studies the public administration control practices, the process that run só internal control rules and laws arise in Brazil, all the different names and
    categories, highlighting the differences from the concepts of audit, inspection
    1, ombudsman, accountability, public governance e internal control. Stands out the narrow bibliography on the subject, highlighting the sociological approach, at first chosen, and the change to a more theoretical model based on the systemic thinking,
    on process oriented modeling and managing, that were the tools used to conceive
    the PPO diffuse internal control model. To complete the core of this research, the
    proposal of a more embracing design for the Bahia State PPO Control department,
    that would revamp its internal reformulation, strengthen its all state vocation and
    activities, and the duty to spread the work of internal control within the Office,
    analysing, at last, this model and its implementation process, remembering the words
    of the actors that got involved in the process. The conclusion of this work
    summarizes the research closing statements, where it enforces the proposed
    solutions and providing new guidelines for further studies.


2
  • NATÁLIA PEREIRA DALTO
  • Youth in Sergipe and Human Rights Violations

  • Advisor : SONIA CRISTINA LIMA CHAVES
  • COMMITTEE MEMBERS :
  • SONIA CRISTINA LIMA CHAVES
  • JOÃO APOLINÁRIO DA SILVA
  • VALMIR FARIAS MARTINS
  • Data: Jul 20, 2018


  • Show Abstract
  • This text is the result of research on the topic of social vulnerability of children and young
    people in the city of Aracaju, in the state of Sergipe, Brazil. The research sought to examine
    statistical data with public organizations, as well as press agencies, whether written or
    electronic publications. The research had as methodological support the use of bibliographical
    methods and documentary survey (officially wrote and electronic documents). The qualitative
    method was applied in order to understand the speeches of the social actors involved (victims
    and relatives) in the care path for children and young people. Accompanying, the quantitative
    method was applied to understand the extent of vulnerability and how far it reaches other
    municipalities and is potential zed in the state capital. Techniques of interviews and
    application of questionnaires were also applied to evaluate the speeches of individuals. The
    research revealed that there is the vulnerability of children and young people in the different
    locations of the city of Aracaju - Sergipe. This vulnerability is diffuse and the vulnerability
    resulting from violent crime is what most makes them victims of these conditions. It was also
    noted that several governmental and nongovernmental organizations are implementing
    projects to minimize the effects of this vulnerability, as well as to protect these young people.
    Among the programs are those who seek formal education and the one that clarifies the use of
    illicit drugs.


3
  • Rafael Oliveira Santos Araújo
  • Restorative Police Center. Intervention project at the Brumado Police Station.

  • Advisor : RICCARDO CAPPI
  • COMMITTEE MEMBERS :
  • RICCARDO CAPPI
  • MARIANA THORSTENSEN POSSAS
  • CLOVIS ROBERTO ZIMMERMANN
  • Data: Sep 14, 2018


  • Show Abstract
  • This project structures the creation of a Core of Restorative Police (NPR) aimed at conflict solution of cases registered in the Police Station of Brumado/BA. It has as problematic the discussion on appropriate modes of administration of conflicts by the Civil Police. It is justified by the daily demand for occurrences in the police station and by the insufficiency of the treatment provided by the traditional system of criminal justice. It is based on restorative justice from the perspective of transformative conception, discussing its conceptions and the theoretical currents that gave origin to the JR. The Nucleus should implement restorative practices through the methodology of peacebuilding circles and transformative mediation. It presents a pilot model of conflict resolution based on the facilitation of dialogue and seeks to promote social pacification, resolution of conflicts and re-signification of police practices. It enables an institutional way to empower individuals and communities through their involvement in conflict resolution, serving as a facilitator of interpersonal communication. It describes the sectors of human resources, physical structure, procedural flows to be installed in the NPR. Legally grounds the legitimacy of the Civil Police to proceed in restorative practices for various crimes. It discusses the obstacles and challenges to be faced by innovation in the conflict management of society of Brumado.

2017
Dissertations
1
  • SARA GAMA SAMPAIO
  • "Who Protects our Lives?" Perceptions of Violence Victims Women of
    Domestic on the Justice System Performance and Public Security - Circuit Court of Salvador/BA.


  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • GERALDO RAMOS SOARES
  • LUIZ CLAUDIO LOURENCO
  • SALETE MARIA DA SILVA
  • VALERIA DIEZ SCARANCE FERNANDES
  • Data: Feb 17, 2017


  • Show Abstract
  • Maria da Penha Law is shocking. With its entry, the Brazilian legal system suffered a deep
    split in its bowels. The norms that hitherto embraced the lawfulness of the murders of
    adulterous women (Philippine Ordinations), which came to treat the citizens as relatively
    incapable (Civil Code of 1916), which contemplated expressions such as "virgin woman",
    "honest woman" Of 1940), who were in agreement with the men who killed women "in
    defense of honor", could not suffer more shock than the arrival of a law that contemplates the
    woman as a subject of law, worthy of state protection. Of course, the reactions came. Voices
    of recognized doctrinal value rose to proclaim "the absurdity" of this protectionist law. But the
    reality was more incisive, and the prejudices gradually suffered the deserved defeats, and the
    law, ten years later, is still a throbbing subject, although one can not say that its efficiency is
    complete. Thus, in order to understand the theme, we look at the humanist and philosophical
    principles that were contemplated in this law, observing the concepts about the victim, as well
    as the institutes covered by it, addressing nuances of the historical struggle of national
    feminism, until we reach a little Of the reality seen in the first capital of the country, whose
    perceptions were obtained before the criminal courts of domestic and family violence. This
    research, then, is intended to understand these gaps in public security and justice systems,
    from the point of view of the one that is the target of the law: the woman in situation of
    domestic and family violence of the capital of Bahia.


2
  • CAROLINA TEIXEIRA SANTOS
  • Public Ministry of Bahia and the access to information in the youth field

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • WILSON COUTO BORGES
  • ANA CRISTINA DE SOUZA MANDARINO
  • ESTELIO GOMBERG
  • Data: Apr 3, 2017


  • Show Abstract
  • The present study approached as object of study the access to the public information in the electronic portal of the Public Ministry of Bahia, verifying how is being developed the opening to the popular participation with the use of digital means in that institution, analyzing, also, the availability and organization of the Public information, especially those dealing with juvenile crime and victimization, verifying if the data found collaborate in the production of knowledge in the area of juvenile crime and victimization. The study starts from the premise that access to public information requires organization, preservation of documentary sources and supports, as well as strategic management of citizen-centered information. The research considers that digital governance has a fundamental role in the democratization of information and this link has not been respected, it points out that like other public security institutions, there is an institutional failure in the Public Ministry not to expose the functional performances, demonstrating the inefficiency In the management and exposure of data that could monitor and improve knowledge of spatial and temporal trends in juvenile crime and victimization. The construction of the study starts with a presentation about Public Prosecution, the Institutional evolution of the institution in the world and in Brazil, demonstrating with Parquet assumed a prominent role in promoting citizenship and protection of Human Rights. Soon after, he contextualizes the theme of crime and youth, showing a brief picture on juvenile crime, collecting recent statistical studies that trace a diagnosis of the situation of the adolescent in the ambivalent position of victim and offender. In addition, it explains how information is disclosed by the Secretariat of Public Security and the Bahia Court of Justice. Soon after, he apprehends access to information in the Bahia Public Prosecutor's Office, with the presentation of data analysis and results of the survey carried out on the Bahia Public Prosecutor's website, showing the mapping of all data and information related to criminalization and victimization, with description And discussion according to the thematic proposal. Finally, it is concluded that the Public Prosecutor's Office of Bahia did not give effect to the right to access public information, under the terms of the LAI and the CNMP Resolutions, and that the lack of transparency offends the principle of full citizenship, as well as Social development as a whole. The opaque posture of the Bahian Parquet, by disregarding the utilitarian role of information as a factor of social development, facilitates the permanence of dominant ideological patterns, and inhibits new propositions of paradigm shifts. Without these innovations, the evolution of knowledge becomes impracticable and, consequently, it commits itself to popular participation in decision-making in the institution, which reinforces the thesis that the State creates of large volumes of information and data produced through its various organs , But which are little or nothing publicized and / or transformed into public policy subsidies, especially in the area of childhood and youth.

3
  • JOSÉ ALISSON OLIVEIRA FAGUNDES
  • USE OF PHYSICAL STRENGTH BY MILITARY POLICIES IN THE CONTROL, FIGHTING AND PREVENTION OF CRIME

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • FABIO PERIANDRO DE ALMEIDA HIRSCH
  • GERALDO RAMOS SOARES
  • KALINE SANTOS FERREIRA
  • Data: Apr 24, 2017


  • Show Abstract
  • This study had as main objective to analyze the use of the physical force used by the military policemen in the control, confrontation and crime prevention in the City of Serrinha-BA. As specific objectives, it was sought to investigate in which circumstances the military police officer uses physical force in the exercise of the function; To verify the relationship between the degree of professional qualification and the practice of excessive use of force, and to investigate the number of police officers who respond or have already responded to cases because they used physical force in functional interventions. The sample had 90 policemen, being male (N = 71); And female (N = 14), aged between 25 and 50 years old (M = 36.6 DP = 7.15), and service time from 1 to 14 years. The data were analyzed through the statistical package Statistical Package for the Social Sciences (SPSS 20). Descriptive statistical analyzes, correlation analysis and analysis of difference between two conditions, as well as statistical descriptive analysis (mean, standard deviation, minimum and maximum, standard error and 95% confidence interval) were made for descriptions of the results. It was found that the circumstances favorable to the use of physical force are the cases of resistance and / or disobedience, as well as in cases of contempt of the police order. The relationship between the lack of professional qualification and excessive use of force was not statistically significant, but, on the contrary, it was found that the better qualified, the more analytical the police are during the action and the use of force. It was identified that 15% of Serrinha's police officers have responded or respond to cases throughout their careers. It is hoped that this study may serve as a contribution to proposals for socio-political interventions in relation to the practice of using force and practicing violence within police corporations, in order to guide excessive behavior of military agents.

4
  • ALDO ANDRÉ BARROS GÓES
  • Juvenile delinquency and adult criminality: an analysis at the light of the Child and Adolescent Statute.

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • IVONE FREIRE COSTA
  • JOAO MARTINS TUDE
  • TANIA MOURA BENEVIDES
  • Data: May 31, 2017


  • Show Abstract
  • The research aims at analyzing the problems faced by all Brazilian cities, especially the major urban centers: the link between public security and juvenile justice. The research has gotten deepen at that issue to verify if there is any causal linkage among the current high crime rates and criminal initiation at the youngest age. The Statute of the Child and Adolescent - SCA - was specifically studied the taxative role of socio-educational measures provided for in article 112, with the purpose of eluci- dating the reason for even the judicial system having a legal diploma so well elabo- rated, contemplative and internationally awarded, still, cannot contain the infraction progression of adolescents and young people until the greater criminal age. Other scientific studies related to the SCA were analyzed, all of them having at their core the applicability and resolutive effectiveness of the socio-educational measures, thus enriching the analysis on the theme and corroborating with the propositions proposed for the outcome of the research. Making use of the qualitative methodology of oral history, more commonly known as life history, we have sought to explore a reality that cannot be quantified in variables, but only felt with the verbalization of the interview- ees in relation to their biography. The empirical research was carried out at the Lemos Britto Prison, located in Mata Escura,  in the city of Salvador, Bahia. All inter- views were conducted on a voluntary basis - according to the methodology chosen - inmates who began their criminal life in childhood or adolescence for adverse rea- sons. It was sought to understand the dynamics of the relations that were established during the delirious existence of the interviewees, the real motives that led to the ini- tiation of the infractions, if there was any intervention of a state, family or social order - or at least attempt to - and by Which reason the interviewee remained in this prac- tice entering the phase of greater age committing crimes of greater potential offen- sive. The informative exploration of the processes that motivated the incarceration of each interviewee provided a parallel to his criminal initiation when a minor, with the current criminal conduct at the greatest age. At the end of the research, considera- tions were made based on the empiricism of the study, becoming clear the state's interest in the subject, the problems related to the juvenile justice issue, as well as all the actors involved in the inquiry and, primarily , If there is any connection, albeit su- perficial, between juvenile delinquency and adult crime.

5
  • DANIELA BRITO COELHO MOREIRA BARRETO
  • Community Safety Council as a space for realizing soteropolitan citizenship.

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • DEQUEX ARAUJO SILVA JUNIOR
  • IVONE FREIRE COSTA
  • PATRICIA LESSA SANTOS
  • SONIA CRISTINA LIMA CHAVES
  • Data: Jun 20, 2017


  • Show Abstract
  • The present work analyzed the democratic management of public security, through the Community Safety Council, through the social participation of the population of the neighborhoods of Pituba and Northeast Amaralina, in the Municipality of Salvador. Hence the specific need to realize the types of Public Security issues that are the subject of discussion in both councils, characterize their participating members and identify the types of participation. It was verified that the implementation of the proposals presented by these entities brings satisfactory results to the community regarding local security. From the theoretical point of view, there were discussions about power, participation, citizenship and public safety. From a practical point of view, this research constituted a subsidy for the reflection about the process of management of public policies, and could serve to stimulate popular participation. Finally, it was observed that the philosophy of Community Polity emerges as a valid strategy to produce quality of life for people, being the foundation in solving problems and one of the ways of realizing the fundamental right to security.

6
  • DANY JULIA RIBEIRO VIEIRA
  • The Public Ministry and the Right to Health in Collective Demands
  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • CATHARINA LEITE MATOS SOARES
  • SONIA CRISTINA LIMA CHAVES
  • YARA OYRAM RAMOS LIMA
  • Data: Aug 1, 2017


  • Show Abstract
  • The acquisition of the right to health in Brazil as an expression of citizenship is a recent fact. Only after the promulgation of the 1988 Federal Constitution is the right to health conditional upon a fundamental right. In this document, article 6, inserts the right to health in the social rights role, emphasizing the importance of it, since it goes beyond the legal sphere. This sense of the right to health established new frameworks for the performance of public power, legal institutions and civil society. (BRAZIL, 1988).
7
  • REJANE RAMOS DANTAS LISBOA
  • La mediación como instrumento de acceso a la justicia: La experiencia de la Defensoría Pública del Estado de Bahía

  • Advisor : ANA PAULA ROCHA DO BOMFIM
  • COMMITTEE MEMBERS :
  • ANA LIVIA CARVALHO F. BRAGA
  • ANA PAULA ROCHA DO BOMFIM
  • IVONE FREIRE COSTA
  • Data: Aug 3, 2017


  • Show Abstract
  • La presente investigación versa sobre la Mediación de Conflictos como instrumento de acceso a la justicia y su utilización en el órgano defensorial de Bahía. Se inicia con el histórico legislativo de la creación de las Defensorías Públicas en los Estados, en especial en el Estado de Bahía, y posteriormente trata de la persona del Defensor, sus derechos, deberes y garantías. Se analiza el papel de este órgano en la utilización de medios extrajudiciales de resolución de conflictos, tratando los conceptos y principales características de los institutos de la negociación, mediación, conciliación y arbitraje. A continuación se delinea el marco regulatorio de la Mediación de Conflictos en Brasil, que tiene su inicio a partir de la Resolución nº 125/2010 del CNJ, posteriormente legitimada por Legislación propia, la ley 13.140 / 2015 y abordada en el Código de Proceso Civil - CPC / 2015. Se trata, también, de la actuación legal de la institución Defensorial de Bahía, en cuanto a la utilización de los MASCS - Medios Adecuados de Solución de Conflictos -, a partir de la Ley Complementaria nº 132/2009. Y, finalmente, se discurre acerca de la asociación celebrada entre la Defensoría del Estado de Bahía, y la Cámara Modelo de Mediación, Conciliación y Arbitraje de la Facultad de Derecho de la Universidad Federal de Bahía, con el propósito de capacitar, diseminar, fomentar, y Permitir un acceso a la justicia efectivo y democrático a través de los métodos consensuados de resolución de controversias.

8
  • MARIA PILAR CERQUEIRA MAQUIEIRA MENEZES
  • Public schools in the city of Salvador and the reintegration of adolescents in fulfillment of open social and educational measures in 2016

  • Advisor : SONIA CRISTINA LIMA CHAVES
  • COMMITTEE MEMBERS :
  • SONIA CRISTINA LIMA CHAVES
  • CLAUDIA MORAES TRINDADE
  • REGINALDO DE SOUZA SILVA
  • Data: Aug 23, 2017


  • Show Abstract
  • This study analyzed the implementation of the measures of Community Service Provision - PSC and Assisted Living - LA in the public schools of the municipality of Salvador in the year 2016. The qualitative approach was used through interviews with school principals and adolescents in compliance with these measures and the application of questionnaires to five technicians of the Specialized Reference Center for Social Assistance (CREAS) in the state capital of Bahia. A preliminary logical model was elaborated and later confronted with the practical implementation of the socio-educational measures, generating a logical model with focus on the program practice. The program can be considered implanted to the point of being the focus of a systematic evaluation. The points for improvement point out that the interface between school, judiciary and social assistance is incipient. It was observed that the school does not know about the fulfillment of the socio-educational measure of students enrolled regularly, so there are no specific pedagogical strategies of learning aimed at these. There was also a lack of communication or operational flows between CREAS and schools to provide the academic record of adolescents for the preparation of the Individual Assistance Plan (PIA) and for monitoring school development with monitoring of school work, evaluations, Absences, progressions or evasions. In addition, the Municipality of Salvador does not yet have the Municipal Socio-Educational Care Plan - PMASE that would assist in the articulation and execution of the program with the institutions, organs and the municipal management system itself, guaranteeing the network service to the adolescent and his family. Although open socioeducational measures have been implemented, they do not yet fully reflect the various national base documents, such as the national socio-educational assistance system - SINASE. The program is incipient in Salvador - Bahia. It is recommended to carry out studies of the municipalities of the State of Bahia that already have PMASE to know the models of implementation of the program of monitoring socio-educational measures by CREAS and the public schools of the municipalities of Bahia.

9
  • CARLA SOUSA DE OLIVEIRA
  • xxx

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • ANDRE LUIS NASCIMENTO DOS SANTOS
  • JOVINIANO SOARES DE CARVALHO NETO
  • SONIA CRISTINA LIMA CHAVES
  • Data: Sep 13, 2017


  • Show Abstract
  • xxx

10
  • ANTONIO CÉSAR MORANT BRAID
  • DISCIPLINARY INFRACTIONS OF SERVERS OF THE BAHIA TECHNICAL POLICE DEPARTMENT: MAGNITUDE AND ASSOCIATED FACTORS

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • JOÃO APOLINÁRIO DA SILVA
  • MARIA CRISTINA TEIXEIRA CANGUSSU
  • SONIA CRISTINA LIMA CHAVES
  • Data: Sep 28, 2017


  • Show Abstract
  • This research analyzed the misconduct practiced by police employees of the Department of Technical Police of Bahia, by mapping the types of infractions in the organizational scope of the DPT. The study associated server types with their recurring irregularities in order to determine patterns of infractional behavior and to explore possible explanations for the phenomenon of disciplinary transgression in the organization. The analysis was carried out by the description and numerical-statistical treatment of the infractional data extracted from 256 disciplinary proceedings initiated in the period from 2012 to 2015. From the composition of the data it was verified that the 10 most frequent infractions corresponded to 87% of the irregularities, divided between infractions related to the aim activity of the DPT, the aggressive or negligent personality of the server and crimes against the Public Administration. The results showed a remarkable magnitude of the infractions related to the aim activity of the DPT, with 90% of these illicit practiced in the interior organs of the state, especially by the medical forensic examiner. The high magnitude of irregularities in the interior of the state had as its main cause the absence of the manager in the daily administrative, bringing the feeling of abandonment of the public thing. The infractions related to the aggressive or negligent personality of the server, by its own genesis, did not present peculiarity with any specific type of server or organ. Finally, the infractions related to crimes against the Public Administration had very low number of occurrences, having been practiced only by outsourced agents. The theoretical basis for explaining the deviations of conduct observed was constituted from the theory of subculture, organizational commitment and broken windows, applying them in each case according to the aspects related to management of the organ and behavioral of the server where the infraction occurred.

11
  • ERNESTO CABRAL DE MEDEIROS
  • POLITICAL APPROACHES IN THE CIVIL AND / OR EUCLIDES MUNICIPALITY OF CUNHA / BA: THE DISCRETIONARY IN COMPLIANCE WITH LEGAL REQUIREMENTS AND REGISTRATION OF SHARES

  • Advisor : SONIA CRISTINA LIMA CHAVES
  • COMMITTEE MEMBERS :
  • JOÃO APOLINÁRIO DA SILVA
  • KARINE FREITAS SOUZA
  • SONIA CRISTINA LIMA CHAVES
  • Data: Oct 20, 2017


  • Show Abstract
  • Problem: it appears that the current legislation gives the police authority the power to stop
    and search any citizen, as long as there is a “founded suspicion” that it is at odds with the
    criminal law, in accordance with articles 240 and 244 of the Brazilian code of criminal
    procedure. However, there is no minimum rules about what would be this "founded
    suspicion", getting such a concept likely to fill indeterminate meaning by wide discretion
    available to the street COP in your activity. So, once the Brazilian State, with the advent of
    CR/88, reached the level of Democratic rights State, with the submission of the acts of State
    agents to the dictates of the law and of the fundamental principles and values laid down in the
    Constitution, the approaches to personal search can’t stay on the sidelines of any limit or
    control; notably because in such endeavours is evidenced quite clearly the tension between the
    State monopoly of force by a police authority legitimised by the criminal law, and the citizen
    fundamental rights holder for the preservation of privacy and intimacy.
    Objective: this study examined the discretion in police approaches with personal search
    concerning the reasons and how to record the same for further accountability, in the
    municipality of Euclides da Cunha in the year 2016.
    Methods: a descriptive study was carried out from the analysis of 1361 criminal occurrences
    recorded in the police station of Euclides da Cunha in 2016. Of these, 55 cases were identified
    and examined (out of a total of 175 with the arrest or conducting suspicious people) in which
    there was, in fact, a discretionary approach by the police agent. It was observed, in addition,
    the amount declared by the military police approaches in the year 2016, as well as examined
    internal records of the approaches by the PM also were held. It was done, also, five interviews
    with military police. The empirical data were analysed in the light of the principle of legality
    on the evolution of the Constitutional State and the consolidation of fundamental rights, as
    well as took care of the theories on the police function and your inherent discretion, through
    the doctrine of Full Enforcement and the selectivity in the police actions, to debate the theory
    of modern criminology Labeling Approach, or labeling criminal matters; tracing, finally,
    understanding the duty of accountability by the State.
    Results: it was found that less than 1% of the approaches made by the PM in Euclides da
    Cunha in the year 2016 caused in a record of criminal occurrence on the police station, and
    the remaining approaches made had no formal record (only numeric annotation for the
    purpose of quantitative productivity), which shows a wide freedom and discretion without a
    minimally possible control of the agent's actions. Moreover, the discretionary approach cases
    identified, has drawn attention to the target audience of this stage was, mostly, the young
    male, drab, with low education and low professional occupation technical requirement,
    resident in poorer locales of the municipality and somewhat prone to already have some
    previous passage through the criminal justice system. The speech of the officers interviewed
    reflects an emphasis on character "preventive" approaches, as the Corporation's policy of
    establishing a minimum goal of daily approaches, which ends by to encourage stops and
    search based on purely subjective elements (without a real founded suspicion), with low
    efficiency, therefore, in the fight against crime.


12
  • RONILZA ANDRADE PASSOS SOBRINHA
  • A feminine look: role of women police in the Bases Community of Salvador / Bahia

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • ANA CRISTINA DE SOUZA MANDARINO
  • ANDRE LUIS NASCIMENTO DOS SANTOS
  • IVONE FREIRE COSTA
  • Data: Oct 23, 2017


  • Show Abstract
  • This research work has as main objective to discuss the approach from a feminine perspective, if these perceive that their actions bring new contributions to the B C. If in the look of the military police that operate in the Community Bases of Salvador, they make a difference, the possible contributions to the communities served by BCS. In relation to the specific objectives, we seek to identify the activities developed by these as well as the difficulties encountered in the day to day treatment in the community. As specific objectives to verify what activities the female police officer carries out at BCS, to know their difficulties are material, institutional, political, social, among others. In contemporary society the participation of women in professions considered hitherto essentially male is relevant and upward, and women are present in areas previously considered "male dominated", such as the military area. This work sought to know the actions of police women, their eyes and their way of working in the Community Safety Bases of Salvador, as well as to study the evolution and concepts of community police, to describe the community police philosophy based on the Koban system as a way of military institutions and as a viable solution to reduce violence rates. The methodology applied in the research used bibliographical revisions, theoretical approaches on the historical context and the process of insertion of women in the Community Bases and field research, the latter having as instrument of data collection structured and semi-structured questionnaires.

13
  • NIVALDO GÓES OLIVA JÚNIOR
  • Police Force: an analysis of the perception of the different PMBA actors in relation to the contributions of the Bahia Military Police Officer Training Course in the performance of their graduates

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • IVONE FREIRE COSTA
  • RUBENILDA SODRE DOS SANTOS
  • TANIA MOURA BENEVIDES
  • Data: Oct 26, 2017


  • Show Abstract
  • This dissertation aims to analyze the contributions of the CFOPM to the qualified performance of the military police of the State of Bahia in the exercise of the specific activities of aspiring officer, lieutenant and captain. In relation to the methodological path, a single case study was carried out, which is configured as a descriptive research. To do this, a bibliographical research was developed to define the categories of analysis that constituted the approaches of the instruments of data collection - structured interview script with the CFO coordinator and questionnaire. A documentary survey was also carried out to survey the number of students graduated between 2011 and 2016. As the main conclusion, it was observed that the CFOPM curriculum follows the guidelines of the National Curricular Matrix of
    formative actions for public safety professionals and that the graduates of the course, although, with criticisms of some aspects of training, they consider that training contributes to a qualified performance.


14
  • SAULO MURILO DE OLIVEIRA MATTOS
  • Drug trafficking or postage for own consumption? "De Cara" With the Public Ministry of Bahia.

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • ELMIR DUCLERC RAMALHO JUNIOR
  • FABIO ROQUE DA SILVA ARAUJO
  • RICCARDO CAPPI
  • Data: Oct 31, 2017


  • Show Abstract
  • The present research, based on the quantitative-qualitative methodology, seeks, through a predominantly inductive line, to analyze how in practice the distinction made by the prosecutor between drug trafficking and possession of drugs for own consumption when receiving a police investigation , since Law no. 11.343 / 2006 does not provide reliable parameters for this distinction. Based on empirical material produced by the Bahia Public Prosecutor's Office, the investigation aims at capturing the logic of thought that surrounds these professionals, rather than revealing the distinctive criteria used by the prosecutors who are part of the Toxic Crimes Team of Salvador, using theoretical frameworks that depart from the criminal procedural dogma to Criminology, in its aspects of Critical Critical and PostCritical Criminology. It adopts the theoretical line of a criminal procedure that develops a perspective of reduction of criminal damages.

15
  • RICKSON JOSÉ DA SILVA OITAVEN SAMPAIO
  • THE ANALYSIS OF THE PUBLIC POLICY OF DISARMAMENT AND ITS RELATIONSHIP WITH THE HOMICIDE CRIMES PRACTICED WITH FIREARMS IN THE STATE OF BAHIA – CASE STUDY OF THE MUNICIPALITY OF SANTO AMARO-BA.

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • JOÃO APOLINÁRIO DA SILVA
  • KARINE FREITAS SOUZA
  • SONIA CRISTINA LIMA CHAVES
  • Data: Nov 23, 2017


  • Show Abstract
  • Based on the guidelines formulated by the National Public Security Plan, designed in the government of former President Fernando Henrique Cardoso in the year 2000, the current public policy of civil disarmament was implemented through Federal Law 10,826, dated December 22 of 2003, with the declared purpose of promoting the control and reduction of high levels of crime with the use of firearms and explosive devices, notably the high death rate due to firearm firing in Brazil. The present work proposes to analyze the public policy of national civil disarmament, after more than a decade of validity and its relation with the crimes of homicides practiced with the use of firearms in the State of Bahia and specifically in the city of Santo Amaro-BA, as well as demonstrate that the measure has made it vulnerable to law-abiding citizens who spontaneously surrendered their defense weapons to the public power, exposing them to potential disadvantage in the face of violent criminal statistics in the region, as well as developing scientific research on the impact of public action in the accomplishment of public security activities, especially in the municipality of Santo AmaroBA, a city located in the Bahian recôncavo, distant about 72 (seventy-two) kilometers from the capital, presenting statistics of intentional lethal crimes practiced with fire in the municipality, examining the local people's personal impressions about fen and the efficiency of the public policy in force in the control of local violence, comparing the records of the databases of the organs of the criminal justice system, the health and public security organs, cataloging the various bibliographical works that explore the theme, in addition to carrying out a scientific investigation of the effectiveness and legal validity of the measure in controlling crime with the use of firearms and its social and political consequences for the Santoamar community.

16
  • FLORA DEANE SANTOS RIBEIRO
  • Public security and restorative justice: social representations about criminal mediation between the police delegates.

  • Advisor : SONIA CRISTINA LIMA CHAVES
  • COMMITTEE MEMBERS :
  • SONIA CRISTINA LIMA CHAVES
  • IVONE FREIRE COSTA
  • KARINE FREITAS SOUZA
  • Data: Nov 30, 2017


  • Show Abstract
  • Objective: In Brazil, the criminal system is in a crisis of legitimacy, because the basis of the punitive paradigm discourse does no treach the intended preventive goal. In this sense, the present research identified the social representations about criminal mediation between Police delegates crowded in territorial Police stations with the
    largest records of circumstantial occurrence terms (TCO) in Salvador / BA between 2015 and 2016.
    Method:This was a qualitative study with semi-structured interviews with eleven policy delegates and used the theory of social representations (Abric, 2000) specifically the central core theory for content analysis of the interviews and for the construction of the map of dispersion.
    Result: The results point to the majority understanding of criminal mediation as restoration, social peace and balance. There is a positive view on criminal mediation by imposing on the Police authorities to employ it informally, since there is no legal formalization for its application. Technical criminal mediation (backedupby training courses for the adequate use of tools of alternative means of conflic solution) is not used within the Police stations, and can be adopted in favor of the internal and external impact provided by it, once the interinstitutional disputes and within the Police it self. It was observed that the Police delegates have a representation of a certain economicist and utilitarian character of the criminal mediation, linked to the
    possible celerity generated by the same.
    Conclusion: For their implementation in territorial delegations, they recommend improvements in the infrastructure; improvement of human management and administrative management. It is also suggested to use instruments in the administrative-legal procedural scope to be used by the delegates, generating a
    more concrete return of preventive Police both for this professional category and for society in the consolidation of justice.


17
  • Camila Beatriz Boaventura dos Santos
  • From happiness to deep sadness: The execution of Socio-educational Measures in Open Environment in the discourses of educators.

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • RICCARDO CAPPI
  • MARIANA THORSTENSEN POSSAS
  • MARIANA RODRIGUES VERAS
  • Data: Dec 20, 2017


  • Show Abstract
  • The present study aims to investigate how the professionals understand the execution of
    socio-educational measures in an open environment, thus seeking to know the socioeducator's
    ways of thinking, called "Reference Techniques". Based on a qualitative-inductive approach,
    applying the grounded theory, an analysis of the discourses produced is performed, so that the
    categories were constructed by coding the data extracted from the interviews. Then, in order
    to integrate the final theory into a narrative line, a typology of the conceptualized discourses
    was elaborated, which were designated as "correctionalist", "intersubjective constructivist"
    and "radical", constructing, this way, a logical matrix of the understanding of the socioeducational
    measures in the open environment.

2016
Dissertations
1
  • RENATA DE MORAES ROCHA
  • Interaction between State Powers and Society in Building alternatives for public safety: the case of Mutuípe Citizen Network

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • IVONE FREIRE COSTA
  • JOAO MARTINS TUDE
  • SELMA PEREIRA DE SANTANA
  • Data: Apr 29, 2016


  • Show Abstract
  • This dissertation has fulfilled its goal of analyzing the Judiciary Branch’s role in creating and participating in a collaborative governance network, set up to develop alternatives in the municipality of Mutuípe, Bahia’s public security, from July/2012 through September/2015. With the Judiciary Branch taking a central position in this network, an explanation was sought after as to how and why, despite legal and institutional constraints, and its history of isolation, this Branch managed to have an active political stance on matters inherent to public security
    within the context of the network in question. Therefore, this research is based on the analysis 
    of institutional relations among the actors from constituted powers and society, in the public security field through the network Mutuípe Cidadã. Thus, a bibliographical review of theories related to studies of the Judiciary, citizen security, and social network analysis was conducted. Methodologically, the research is a case study using techniques of participant observation, descriptive statistics, interview and questionnaire analysis, and sociometry. From the analysis of the findings, it was observed that the Judiciary Branch was successful in reducing the
    distance and resistance among actors within the system, particularly regarding participation of local community on matters of public security. Beyond that, it was identified that more relevant than legally established functions was the leading role of the Branch’s representative 
    in loco, and the ability to build trust with other actors, a phenomenon made possible given the lack of leadership and action coordinators in the field. Moreover, the experience of network democratic governance does favor knowledge sharing, an increase in inter-institutional
    relations, and actors’ mobilization and action towards a common goal, even promoting great responsibility and participation. Nonetheless, as it is strongly based on specific actors and not the institutions they represent, changes in or replacement of these actors are factors that impede the continuity of the dynamics of mutuality, and the legitimacy of the alternatives and proposals developed there.

2
  • ANILMA ROSA COSTA OLIVEIRA RIBEIRO
  • THE PROFESSIONAL TRAINING OF SOLDIERS IN HUMAN RIGHTS IN THE MILITARY POLICE OF BAHIA: INTEGRALIZATION BETWEEN INSTITUTIONAL AND AGREEMENT EDUCATION

  • Advisor : JULIO CESAR DE SA DA ROCHA
  • COMMITTEE MEMBERS :
  • JULIO CESAR DE SA DA ROCHA
  • JOÃO APOLINÁRIO DA SILVA
  • DANIEL OITAVEN PEARCE PAMPONET MIGUEL
  • Data: Dec 12, 2016


  • Show Abstract
  • The Brazilian public security has, over the years, several changes and adjustments based on the promotion of citizenship to overcome the old opposition between police and human rights. With the 1988 Constitution, the guarantee of rights and the protection of citizens were placed as primary functions of any government policy and public security, should the police be formed under these principles in obedience to the Programs and Plans National and State Public Security and Human rights Education. The current dispute about which model of policing the citizens want to find and what training the police should adopt for a directed police to the preservation of life, not only citizens, most also yours, without leaving aside the preparation to combat violence, marginality and corrupters, was essential to try to understand how the discipline and courses on human rights are being made available to soldiers in training and performance. In this work it was analyzed the development of Human Rights Education in the context of Public Security, based on the formation of the Military Police soldiers in the city of Feira de Santana / Bahia. The results show that the police since 1990 by Law No. 5,655, of January 5, 1990, rely on the discipline of Human Rights in Military Police soldiers training courses / Ba, formale included the Bahian government. However, there is no institutional continuing education or contracted on Human Rights for the soldiers. With the study and knowledge produced, it was realized the need to offer more courses focused on the soldiers to the theme of human rights is worked more carefully through more agreements to suit the needs of the police daily and public policy .

3
  • ALYSSON CAMILO FLORIANO DA SILVA
  • AGRARIAN REFORM IN BRAZIL: essays in light of John Rawls' theory.

  • Advisor : IVONE FREIRE COSTA
  • COMMITTEE MEMBERS :
  • ANTONIO EDUARDO ALVES DE OLIVEIRA
  • CLOVIS ROBERTO ZIMMERMANN
  • CLÁUDIO ANDRÉ DE SOUZA
  • IVONE FREIRE COSTA
  • Data: Dec 20, 2016


  • Show Abstract
  • With this essay, we intend to establish a relationship between the land reform in the country and the principles of justice of John Rawls. Because it is a relevant object of Brazil's agrarian agenda, we aim to analyze the Brazilian agrarian theme, pointing to the concepts of Rawlsian justice principles and the idea of primary goods. We also
    explain the concepts of original position and veil of ignorance, as well as the principles of equality and difference. Rawls's theory of justice is a normative theory and is part of the public policies of several countries, among which is Brazil. Since the basic structure of society is the main objective of justice, we can conclude, based on Rawls's theory, that the capacity to cooperate is an essential condition for agrarian reform in Brazil.

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