Dissertações em Direito (Mestrado) - PPGD/ICJ
URI Permanente para esta coleçãohttps://repositorio.ufpa.br/handle/2011/3418
O Mestrado Acadêmico em Direito pertence ao Programa de Pós-Graduação em Direito (PPGD) do Instituto de Ciências Jurídicas (ICJ) da Universidade Federal do Pará (UFPA). Em 1984, foi reconhecido pela CAPES o Curso de Mestrado em Direito Público. Em 1987, o PPGD passou por um processo de reformas, que deram origem a duas Áreas de Concentração: Instituições Jurídico-Políticas e Instituições Jurídicas e Sociais na Amazônia. Atualmente, o Programa oferta cursos de Mestrado Acadêmico e Doutorado (único da área de Direito na Amazônia), e se estrutura em torno de uma única Área de Concentração: Direitos Humanos. Possui cinco Linhas de Pesquisa: Constitucionalismo, Políticas Públicas e Direitos Humanos; Direitos fundamentais: concretização e garantias; Direitos Fundamentais e Meio Ambiente; Estudos Críticos do Direito; Sistema penal e Direitos Humanos. Sua missão é formar profissionais que, compreendendo a realidade local, rica em recursos, mas ainda com baixos índices de desenvolvimento econômico e social, trabalhem para transformá-la. Para isso, objetiva ofertar sólida formação teórica, aliada à competência política e social.
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Item Acesso aberto (Open Access) Bem jurídico e princípio da proporcionalidade: uma análise crítica da pena em abstrato(Universidade Federal do Pará, 2010-05-20) SANTOS, Manuela Bitar Lélis dos; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478This research shows that there are some dispositives in the criminal law where the penalty in the abstract is disproportionate, either a lack of a well-deserving of legal protection law or because the quantum of the penalty does not fit the riteria of proportionality. It presents the “bem jurídico penal”, exposing its evolutionary synthesis, its concept, the principles of minimum intervention and offensiveness, as well as issues relevant to the existence of legal rights supraindividual criminal and constitutional issues of taxation of criminalization. It analyzes the principle of proportionality, developing its concept, content, its historical origin and evolution, the constitutional dedication and nomenclature in comparative law. When it refers to the content of proportionality, it adopts the current that presents the subprinciples suitability, necessity and proportionality in the strict sense as fundamental aspects of proportionality in the broad sense. It brings some criminal law examples that fall outside the rule of proportionality, considering the legal interest in care. It concludes that it is necessary to fit the Brazilian criminal law with the parameters of proportionality and to the requirements of the legal doctrine of “bem jurídico penal”, decriminalizing some conducts or adjusting the penalty in the abstract.Item Acesso aberto (Open Access) Crime organizado, seletividade penal e modernidade líquida(Universidade Federal do Pará, 2016-08-04) LEDO, João Paulo Carneiro Gonçalves; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478The present work aims is to analyze the organized crime in Brazil about the prism of the liquid modernity. It approach how the insecurity and the fear, caused by the constraints of liquid modernity, influenced in an advent in politic of law and order. Study the speech that raised the organized crime legislation in Italy and United States of America and the reflections in the Brazilian legislation. Treated the problematic about the concept of organized crime, some legal and procedural instruments of this offense and rise of maxi processes in nationwide. It reflects on the speech of organized crime based on idea of a criminal law of exception and their problems. Relates lastly, the selectivity of penal system and the victims of organized crime speech in a liquid modernity.Item Acesso aberto (Open Access) Criminologia crítica e apagamento político na compreensão do encarceramento no Brasil(Universidade Federal do Pará, 2023-01-05) FERREIRA, Nilton Carlos Noronha; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478The present research sought to understand the dynamics involving imprisonment and resistance in Brazil. This is an explanatory and qualitative research, whose method of approach was the deductive, using the technique of bibliographical research. In this sense, the research problem that guided the analysis was: to what extent can the dynamics of resistance in prison be understood from the perspective of Marxist criminology? Thus, the working hypothesis consisted to considering that, on the one hand, the exercise of punitive power mobilizes several grammars that support prison and, in this context, promote a political emptying of incarcerated individuals by inserting them in a position of subjection to the power exercised over them. On the other hand, considering an analytical perspective, it starts from the idea that critical criminology has formulated premises that reaffirm this logic, firstly, by undertaking a limited incorporation of the Marxist contribution and, secondly, by not having consistently developed an analysis of how individuals affected by criminalization processes deal with it. The general objective would be to investigate to what extent the dynamics of resistance in prison can be understood from the perspective of Marxist criminology, while the specific objectives are: a) to verify the challenges involved in understanding the context of imprisonment and resistance by criminology Marxist-based criticism; b) to examine the discourses that make up the grammar of prison, in order to glimpse what role is assigned to it; and c) analyze incarceration seeking to understand the articulations that aim at resistance to punitive power. In this sense, the research presents an initial overview that proposes to articulate epistemological and analytical questions about the projections of discourses on prison about political mobilizations undertaken by individuals submitted to the logic of incarceration, inside or outside the prison walls.Item Acesso aberto (Open Access) Das ruas para o sistema penal: "outsiders" e mídia no contexto das manifestações urbanas(Universidade Federal do Pará, 2018-02-19) FERREIRA, Tainá Ferreira e; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478The fragility of the Brazilian democratic state is perceived through constant difficulties for a guarantee of fundamental rights, and this scenario has just mobilized a population to seek ways, albeit informal, to express their demands. In 2013 and 2015, in the city of São Paulo, events occurred that exemplify the phenomena of urban manifestations, not our last years, and which became a public security agenda in the mass media. Based on these findings, this paper proposes a solution carried out by means of mass communication, during the occurrence of urban protests, a risk assessment. Through the analysis of essays by Non Governmental Organizations (NGOs) and international entities, an analysis of the two criminalization processes is sought, which the subjects, understood in the light of the Touraine concept, were exposed and what role the media play in this context. Among the conclusions obtained, it is worth noting that the media, as an informal agency of the penal system, through a work that does not prioritize the plurality of sources and thus fosters the creation of stereotypes, contributes to a criminalization of the subjects involved in the analyzed events. Moreover, the existence of a criminal policy in place of a criminal policy is seen as an obstacle to the confrontation of discourses of criminal recrudescence based on the creation of enemies.Item Acesso aberto (Open Access) A expansão do direito penal: os reflexos da influência midiática no processo de criminalização primária(Universidade Federal do Pará, 2017-07-12) SOUZA, Luciana Correa; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478This work aims at analyzing the reflexes of the media influence in the process of primary criminalization on the criminal expansionism and its compatibility with the model of containment of the criminal repression of the Democratic Rule of Law established with the Federal Constitution of 1988. For this, In the first chapter, the approach of the theoretical basis necessary to understand the functioning of the mass media as components of the cultural industry, as well as the study of the media in the society of the spectacle, under the prism of the spectacularization of the news, is realized. In order to evidence the mercantile character of her on the crime. In the second chapter, we examine the processes of primary and secondary criminalization, as well as the development of the notion of selectivity and reflection on the latent functions of the penal system. Subsequently, in the third chapter, an appreciation of the process of construction of reality by the mass media is carried out, at which moment the media criminology and the discourse of media criminal populism in Brazil are discussed. At the end, in the fourth chapter, we study the reflexes of punitive populism in the legislative plane, for that, explores the bill 4.850/2016. Finally, based on the results of the study, the legitimacy of the manifestations of the Criminal Law of the enemy, in the legal system, is analyzed with the model of containment of criminal repression, typical of the Democratic Rule of Law and, particularly, with the Federal Constitution of 1988.Item Acesso aberto (Open Access) Poder punitivo midiático: reflexos da governamentalidade neoliberal na sociedade espetacularizada da indústria penal(Universidade Federal do Pará, 2014) CABRAL, Quésia Pereira; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478Neoliberalism associated with concepts that come from the cultural industry and society of entertainment seems to have ideologically transformed the media into an agency of the penal system. On the other hand, the agencies of social communication that intertwined with the logic of the market began to foster a repressive discourse of criminal violence lead to the metamorphosis of information into news-merchandise and spread the culture of exaltation of the penal system. Therefore, news about crime also impacts the status of merchandise to be sold by the entertainment industry. For the sale of the news to reach satisfactory levels, it is important that the news be explored both in imagery and spectacularized ways. The media, as a set of communication means that aims at mass production ceases to have simple communicative function and begins to manipulate the manner of punishment, as well as to exercise the punitive power that, in essence, is controlled by the state. In this context, television stands as the communication tool most prevalent in Brazilian homes. This presence promotes the idea of criminalization of poverty itself and spreads the practice of violence. Given this situation, media agencies exert repressive power through the enemies that are to be fought. Such enemies are akin to criminal demons and are treated as monsters in a paradoxical dyad: they are considered to be unworthy of human conviviality but, at the same time, are considered necessary for the entertainment of society. The case of the Bandeirantes TV’s cameraman illustrates some aspects of this reality. The analysis of the problem presented was carried out mainly on the basis of theoretical contributions from Michael Foucault, Adorno and Horkheimer, Guy Debord and Zaffaroni.Item Acesso aberto (Open Access) O princípio (instituidor) da intervenção mínima: a proteção do bem jurídico e a (des)criminalização no direito eleitoral(Universidade Federal do Pará, 2013-04-18) SALES, José Edvaldo Pereira; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478The paper questions whether the intervention of criminal law for the protection of legal asset under the Election Law is needed. In Brazil, this criminal intervention is significant and is given by several laws, the main one being the election code in force. The starting point is the theory of criminal legal asset, and highlights its critical function. It makes an approximation of the critical theory of criminal legal asset with the Democratic Law State and the theoretical formulation of Ronald Dworkin and Lenio Streck about the principles of law with emphasis on the principle (settlor) of minimal intervention, under the criminal law, and its warranty components, such as the exclusive protection of legal interests, fragmentation and subsidiarity. From this reflection, it makes the relation between the non-criminal protection of (relevant) legal assets and (un)criminalization in the electoral law, confronting penal expansionism and minimalism theories. The key issue of this work is to articulate these concepts to inquire about the (un)necessity of electoral criminal types, and to point for the brazilian model a non-criminal protection of legal asset under election law.Item Acesso aberto (Open Access) A privatização de presídios e sua (in)compatibilidade com o estado democrático de direito: a ressocialização irrefletida(Universidade Federal do Pará, 2015-11-27) SILVA, José Adaumir Arruda da; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478This work deals with the privatization of prisons and their (in) compatibility with the democratic rule of law, considering the resocialization by the work as the main justification for the transfer of the custody of the stuck of the State to the private sector. Seeks to show that although privatization of prisons is announced as a solution to the ills of the Brazilian prison system and would favor the resocialization of the convict actually is incompatible with the democratic rule of law by violating the dignity of the human person in many respects. To prove this hypothesis, the research have as the referential theoretical: authors who are part of the critical criminology and who understand by the delegitimization of the penal system; the garantismo of Luigi Ferrajoli rejecting the positive special prevention as the finality of the penalty private of liberty. Also reinforces the verification of the hypothesis the field research conducted in Prison Complex of Ribeirao das Neves, Minas Gerais State, pointing neoliberal capitalist aspects of the contract of public-private partnership signed between the Government and the Consortium Managers Prison Associates. The dissertation concludes that privatization of prisons is incompatible with the Democratic Rule of Law, because violates human dignity and the principle of equality; delegates to the particular typical activity of the State; induces semi-slave labor; favors the earnings of companies with exploration prison market; encourages the mass imprisonment, which makes the argument of resocialization to justify the privatization of the imprisonment absolutely false , a mere rant to justify the incarceration industry, which ends up being assimilated thoughtless way by common sense that reaches all the imagery of society.