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GEANCARLOS DE SOUZA ALMEIDA
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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
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Leader : MARIANA THORSTENSEN POSSAS
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MEMBRES DE LA BANQUE :
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MARIANA THORSTENSEN POSSAS
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JOSÉ ROBERTO FRANCO XAVIER
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MARIANA MENDONÇA RAUPP
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Data: 13 janv. 2023
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Afficher le Résumé
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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.
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2
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FERNANDA MARIA DE ARAUJO MELLO
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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.
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Leader : MARIA THEREZA AVILA DANTAS COELHO
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MEMBRES DE LA BANQUE :
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MARIA THEREZA AVILA DANTAS COELHO
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IVETE MARIA SANTOS
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GABRIELA LAMEGO
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Data: 23 janv. 2023
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Afficher le Résumé
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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.
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3
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JULIANA CRISTINA ANDRADE EGGERS
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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
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Leader : ODILZA LINES DE ALMEIDA
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MEMBRES DE LA BANQUE :
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CLAUDIA MORAES TRINDADE
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FÁBIO FÉLIX FERREIRA
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ODILZA LINES DE ALMEIDA
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Data: 27 janv. 2023
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Afficher le Résumé
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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.
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4
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MONIQUE RIBEIRO DE CARVALHO GOMES
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Public Policies for Prison System Exits as an Instrument of Social Inclusion
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Leader : MILTON JULIO DE CARVALHO FILHO
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MEMBRES DE LA BANQUE :
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MILTON JULIO DE CARVALHO FILHO
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ODILZA LINES DE ALMEIDA
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LIGIA MORI MADEIRA
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Data: 31 janv. 2023
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Afficher le Résumé
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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.
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5
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ERICA LIMA GONÇALVES
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“THE WOMEN'S POLICE”: PERCEPTIONS OF MILITARY POLICEMEN ON THE IMPLEMENTATION OF THE ROUND MARIA DA PENHA IN FEIRA DE SANTANA-BA
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Leader : EDGILSON TAVARES DE ARAUJO
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MEMBRES DE LA BANQUE :
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ANA LUIZA PINHEIRO FLAUZINA
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EDGILSON TAVARES DE ARAUJO
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KARINE FREITAS SOUZA
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ROSANA DE FREITAS BOULLOSA
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Data: 3 mars 2023
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Afficher le Résumé
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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.
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6
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MARCELO DE OLIVEIRA BRANDÃO
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The Small Criminal Court in Lauro de Freitas (BA) and the treatment of microcriminality
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Leader : IVONE FREIRE COSTA
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MEMBRES DE LA BANQUE :
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CARMEN SILVIA FULLIN
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IVONE FREIRE COSTA
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JULIANA TONCHE
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SELMA PEREIRA DE SANTANA
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Data: 21 mars 2023
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Afficher le Résumé
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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.
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7
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EVA BULCÃO MOTA
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SUICIDAL BEHAVIOR AMONG ADOLESCENTS IN SOCIO-EDUCATIONAL MEASURE OF DEPRIVATION OF LIBERTY, IN BAHIA
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Leader : IVETE MARIA SANTOS
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MEMBRES DE LA BANQUE :
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ANA CLARA DE REBOUCAS CARVALHO
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IVETE MARIA SANTOS
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LUANA LIMA SANTOS CARDOSO
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ODILZA LINES DE ALMEIDA
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Data: 14 avr. 2023
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Afficher le Résumé
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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.
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8
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MARCELA MOURA FRANÇA POMPONET
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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.
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Leader : MILTON JULIO DE CARVALHO FILHO
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MEMBRES DE LA BANQUE :
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ANDRE LUIS NASCIMENTO DOS SANTOS
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ELAINE CRISTINA PIMENTEL COSTA
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MILTON JULIO DE CARVALHO FILHO
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Data: 28 avr. 2023
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Afficher le Résumé
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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.
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9
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ANTONIO LUCIANO SILVA ASSIS
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Investigation of crimes of intentional homicide in Salvador (BA): a study of police investigations in progress and completed in 2016 and 2017.
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Leader : ANDRIJA OLIVEIRA ALMEIDA
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MEMBRES DE LA BANQUE :
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ANDRIJA OLIVEIRA ALMEIDA
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LUDMILA MENDONÇA LOPES RIBEIRO
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MARIANA THORSTENSEN POSSAS
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Data: 28 avr. 2023
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Afficher le Résumé
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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.
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10
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RENATA GOMES DA SILVA
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Precautionary Measures different from prison: Analysis of Use Based on Detention Hearings in Salvador.
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Leader : DANIEL NICORY DO PRADO
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MEMBRES DE LA BANQUE :
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DANIEL NICORY DO PRADO
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DANIELA CARVALHO PORTUGAL
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MISAEL NETO BISPO DA FRANCA
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Data: 23 mai 2023
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Afficher le Résumé
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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.
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11
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DALIA ZARO QUEIROZ
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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.
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Leader : CLAUDIA MORAES TRINDADE
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MEMBRES DE LA BANQUE :
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CHRISTIANE RUSSOMANO FREIRE
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CLAUDIA MORAES TRINDADE
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ODILZA LINES DE ALMEIDA
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Data: 20 juin 2023
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Afficher le Résumé
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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.
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12
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GERIVALDO ALVES NEIVA
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From marmitex to STF: the debate on the unconstitutionality of article 28 of the Drug Law
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Leader : RICCARDO CAPPI
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MEMBRES DE LA BANQUE :
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MARCELO DA SILVEIRA CAMPOS
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MARIANA THORSTENSEN POSSAS
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RICCARDO CAPPI
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Data: 20 juil. 2023
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Afficher le Résumé
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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.
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13
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DIANA DEYSE CARDOSO DE SANTANA
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Arrested by others and by themselves: a gender analysis of judicial decisions of custody hearings in the city of Salvador-Bahia
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Leader : DANIEL NICORY DO PRADO
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MEMBRES DE LA BANQUE :
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ALESSANDRA RAPACCI MASCARENHAS PRADO
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DANIEL NICORY DO PRADO
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SALETE MARIA DA SILVA
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Data: 26 juil. 2023
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Afficher le Résumé
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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.
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14
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JOSÉ DE SOUZA BRANDÃO NETTO
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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
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Leader : DEQUEX ARAUJO SILVA JUNIOR
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MEMBRES DE LA BANQUE :
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DEQUEX ARAUJO SILVA JUNIOR
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MONICA DE MELO FREITAS
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NÁGILA MARIA SALES BRITO
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Data: 27 juil. 2023
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Afficher le Résumé
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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.
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15
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TÂMARA RODRIGUES DE SOUZA CUNHA
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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.
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Leader : DANIEL NICORY DO PRADO
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MEMBRES DE LA BANQUE :
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ANA CLARA DE REBOUCAS CARVALHO
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CLAUDIA ALBAGLI NOGUEIRA SERPA
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DANIEL NICORY DO PRADO
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Data: 27 juil. 2023
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Afficher le Résumé
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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.
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16
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ADRIANA SALES BRAGA
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Between bars: a study on the effectiveness of public policies aimed at LGBTQIA+ inmates in the Bahian penitentiary system
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Leader : CLAUDIA MORAES TRINDADE
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MEMBRES DE LA BANQUE :
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CHRISTIANE RUSSOMANO FREIRE
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CLAUDIA MORAES TRINDADE
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FRANKLIM DA SILVA PEIXINHO
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MARCOS ADRIANO SILVA LEDO
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ODILZA LINES DE ALMEIDA
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Data: 27 juil. 2023
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Afficher le Résumé
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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.
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17
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MARILIA PEREIRA MARQUES MARINHO
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RESTORATIVE JUSTICE IN THE COURT OF JUSTICE OF BAHIA: A CRITICAL HISTORICAL ANALYSIS OF ITS INSTITUTIONALIZATION
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Leader : HOMERO CHIARABA GOUVEIA
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MEMBRES DE LA BANQUE :
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CARLOS ALBERTO MIRANDA SANTOS
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EFSON BATISTA LIMA
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HOMERO CHIARABA GOUVEIA
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Data: 28 juil. 2023
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Afficher le Résumé
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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.
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18
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VIVIANE BACELAR MORAIS SARMENTO RIOS
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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
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Leader : MARIA CAROLINA DE SOUZA SAMPAIO
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MEMBRES DE LA BANQUE :
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ARLINDINO NOGUEIRA SILVA NETO
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HORACIO NELSON HASTENREITER FILHO
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JAIME BARREIROS NETO
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MARIA CAROLINA DE SOUZA SAMPAIO
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Data: 14 août 2023
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Afficher le Résumé
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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.
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19
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ERIKA BOAVENTURA DE MENEZES
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Women Imprisoned for Drug Trafficking in Feira de Santana, Bahia: profiles, contexts and criminal trajectories
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Leader : MILTON JULIO DE CARVALHO FILHO
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MEMBRES DE LA BANQUE :
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SILVIA DOS SANTOS DE ALMEIDA
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IVETE MARIA SANTOS
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MILTON JULIO DE CARVALHO FILHO
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Data: 23 août 2023
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Afficher le Résumé
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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.
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20
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LIZ REZENDE DE ANDRADE
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THE USER OF ILLICIT DRUGS AND COMPULSORY HOSPITALIZATION: The fundamentals analysis of the decisions of the Court of Justice of Bahia.
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Leader : IVETE MARIA SANTOS
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MEMBRES DE LA BANQUE :
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DANIEL NICORY DO PRADO
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IVETE MARIA SANTOS
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PATRICIA MAIA VON FLACH
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Data: 30 août 2023
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Afficher le Résumé
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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.
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21
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FATIMA LAURENIA SARAIVA DE PAULA PESSOA
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LEGAL PERCEPTIONS ON HOMO/LESBO/TRANSPHOBIA IN THE STJ FROM THE PERSPECTIVE OF GENDER AND SEXUALITY STUDIES
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Leader : RUBENILDA SODRE DOS SANTOS
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MEMBRES DE LA BANQUE :
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DIANA ANUNCIAÇÃO SANTOS
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RUBENILDA SODRE DOS SANTOS
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SALETE MARIA DA SILVA
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Data: 31 août 2023
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Afficher le Résumé
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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.
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22
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EDMILSON JATAHY FONSECA JUNIOR
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Electoral judge activity and Fake News: an review of the literature and perception of practice.
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Leader : SONIA CRISTINA LIMA CHAVES
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MEMBRES DE LA BANQUE :
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JAIME BARREIROS NETO
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SAMUEL ANDERSON ROCHA BARROS
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SONIA CRISTINA LIMA CHAVES
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Data: 12 sept. 2023
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Afficher le Résumé
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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.
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23
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FÁBIO MONTEIRO SANTOS LIMA
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Online Voting: possibilities and limits in light of democratic principles
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Leader : FRANCISCO BERTINO BEZERRA DE CARVALHO
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MEMBRES DE LA BANQUE :
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JOSAFÁ DA SILVA COELHO
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FRANCISCO BERTINO BEZERRA DE CARVALHO
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JAIME BARREIROS NETO
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Data: 22 sept. 2023
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Afficher le Résumé
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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.
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24
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JANIERE PORTELA LEITE PAES
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Gender quotas in proportional elections in the municipality of Camaçari-BA, in the 2016 and 2020 elections: from applications to campaign financing
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Leader : JAIME BARREIROS NETO
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MEMBRES DE LA BANQUE :
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ANA CLAUDIA SANTANO
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ANA CLARA DE REBOUCAS CARVALHO
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JAIME BARREIROS NETO
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Data: 4 oct. 2023
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Afficher le Résumé
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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.
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25
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MARCIA PEREIRA LOPES
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Limits to abuse in electoral propaganda on social media: Diagnosis based on resources from Vitória da Conquista in the 2020 Elections
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Leader : RUBENILDA SODRE DOS SANTOS
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MEMBRES DE LA BANQUE :
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ANA CLARA DE REBOUCAS CARVALHO
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FRANCISCO ALVES DOS SANTOS JUNIOR
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RUBENILDA SODRE DOS SANTOS
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Data: 5 oct. 2023
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Afficher le Résumé
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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.
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26
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BIANCA PENÉLOPE SOUZA NASCIMENTO MAGALHÃES COSTA
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DIGITAL TOOLS FOR DEMOCRATIC POLITICAL PARTICIPATION: NEW POSSIBILITIES AND CHALLENGES
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Leader : JAIME BARREIROS NETO
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MEMBRES DE LA BANQUE :
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HORACIO NELSON HASTENREITER FILHO
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JAIME BARREIROS NETO
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JOSAFÁ DA SILVA COELHO
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Data: 18 oct. 2023
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Afficher le Résumé
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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.
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27
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THAIS RAMOS TRINDADE
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MY BLACK SKIN IN MY SECOND SKIN: Racism and Mental Health of the military police officer.
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Leader : ANDRE LUIS NASCIMENTO DOS SANTOS
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MEMBRES DE LA BANQUE :
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ROSIANE RODRIGUES DE ALMEIDA
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ANDRE LUIS NASCIMENTO DOS SANTOS
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CARLOS ALBERTO MIRANDA SANTOS
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DENICE SANTIAGO SANTOS DO ROSÁRIO
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Data: 20 oct. 2023
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Afficher le Résumé
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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.
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28
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SIRLEI CAROLINE ALVES SANTOS
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. Women's participation in politics: an analysis of female representation in municipal elections in Monte Santo.
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Leader : ANDREIA CRISTINA LEAL FIGUEIREDO
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MEMBRES DE LA BANQUE :
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ANDREIA CRISTINA LEAL FIGUEIREDO
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ARNALDO DE FRANCA CALDAS JUNIOR
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SONIA CRISTINA LIMA CHAVES
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Data: 26 oct. 2023
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Afficher le Résumé
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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.
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29
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MARCELO BARRETO SANTANA
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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
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Leader : CLOVIS ROBERTO ZIMMERMANN
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MEMBRES DE LA BANQUE :
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ANA CLARA DE REBOUCAS CARVALHO
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CLOVIS ROBERTO ZIMMERMANN
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JOSAFÁ DA SILVA COELHO
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Data: 9 nov. 2023
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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.
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EDERLAN ANTONIO DE JESUS
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Military Police of Bahia and Restorative Practices in Public Schools in the Municipality of Ipiaú: a case study on the Coração de Inta Project
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Leader : MILTON JULIO DE CARVALHO FILHO
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MEMBRES DE LA BANQUE :
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ANA CLARA DE REBOUCAS CARVALHO
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ISABEL MARIA SAMPAIO OLIVEIRA LIMA
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MILTON JULIO DE CARVALHO FILHO
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Data: 24 nov. 2023
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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.
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WAGNER RIBEIRO RODRIGUES
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QUESTION OF JUSTIÇA? The paper and the performance of electoral justice in the promotion of actions destined for political participation of women.
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Leader : SALETE MARIA DA SILVA
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MEMBRES DE LA BANQUE :
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SALETE MARIA DA SILVA
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ANDRE LUIS NASCIMENTO DOS SANTOS
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NÁGILA MARIA SALES BRITO
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Data: 28 nov. 2023
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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.
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SALIM SANTOS LÁZARO
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The role of Municipal Guards in Preventative Protection: A Case Study in the City of Lauro de Freitas - BA
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Leader : CLAUDIANI WAIANDT
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MEMBRES DE LA BANQUE :
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CLAUDIANI WAIANDT
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MARIA CAROLINA DE SOUZA SAMPAIO
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PAULO WENDERSON TEIXEIRA MORAES
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Data: 30 nov. 2023
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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.
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ANTÔNIO DE PÁDUA DE CARVALHO E SÁ
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INFLUENCE OF THE USE OF FEDERAL FORCES IN THE 2020 ELECTIONS: A Case Study in the City of Aroeiras do Itaim/PI.
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Leader : JOSE MARIA CARVALHO FERREIRA
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MEMBRES DE LA BANQUE :
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ADRIANO DE OLIVEIRA SAMPAIO
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ANTONIO SILVA MAGALHAES RIBEIRO
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JOSE MARIA CARVALHO FERREIRA
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Data: 7 déc. 2023
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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.
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MARIA TERESA CARNEIRO SANTOS CINTRA ZARIF
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The public defenders defensive thesison the drug traffic lawsuits in Bahia and how they are welcomed by the judges.
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Leader : RICCARDO CAPPI
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MEMBRES DE LA BANQUE :
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MARIA GORETE DE MARQUES DE JESUS
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MARIANA THORSTENSEN POSSAS
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RICCARDO CAPPI
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Data: 12 déc. 2023
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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
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MAURÍCIO ALBAGLI OLIVEIRA
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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
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Leader : ANDRIJA OLIVEIRA ALMEIDA
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MEMBRES DE LA BANQUE :
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JOSÉ MÁRIO WANDERLEY GOMES
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LUIS FELIPE ZILLI DO NASCIMENTO
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ANDRIJA OLIVEIRA ALMEIDA
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JULIANA TONCHE
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Data: 19 déc. 2023
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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.
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FERNANDA PORTELA FERREIRA
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Democracy, Race and Inequality: electoral racial affirmative action and the 2020 Elections in Salvador/Ba.
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Leader : RICCARDO CAPPI
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MEMBRES DE LA BANQUE :
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RICCARDO CAPPI
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WANESKA CUNHA DOS ANJOS
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Gilsely Barbara Barreto Santana
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Data: 20 déc. 2023
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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.
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