Programa de Pós-Graduação em Direito - PPGD/ICJ

URI Permanente desta comunidadehttps://repositorio.ufpa.br/handle/2011/3417

O Programa de Pós-Graduação em Direito (PPGD) iniciou suas atividades em 1984 e integra o Instituto de Ciências Jurídicas (ICJ) da Universidade Federal do Pará (UFPA), que, por sua vez, se originou da Faculdade Livre de Direito do Pará, uma das mais antigas do país, fundada em 1902.

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Agora exibindo 1 - 6 de 6

Acesso aberto (Open Access)
O extermínio da juventude popular no Brasil: uma análise sobre os “discursos que matam”
(Universidade Federal do Pará, 2016-08-26) MORAIS, Romulo Fonseca; DELUCHEY, Jean-François Yves; http://lattes.cnpq.br/2530487459645226
In Brazil, it's terrifying the number of people killed every year. However, some aspects call the attention in this scenario: the statistics show a colossal number of people from the same social group, age group and ethnicity being annihilated daily. The black youth and or nearly black because it's too poor has been part of more than half the number of deaths. From this context it is practically inevitable not problematize the practice of the daily extermination against this segment of the population. The most visible part of that extermination practice can be seen in the performance of the criminal justice system, especially in the intense criminalization of the youth at the present stage of neoliberalism. Assuming that there is no extermination without the construction of discourses that legitimize it ( "truth discourses that can kill," according to Foucault), the research's main problem is to know how the practice of extermination of the black youth is performed and legitimized through speeches around the lives of young people in Brazil. Using as reading keys the contributions of critical criminology and biopower, we intend to analyze how these discourses in the social body and in an institution (childhood and youth justice) is (re)produced and how they operate in the legitimization of death, becoming "speeches that they kill". From this, we aim to discuss these deaths not as simple random and isolated events but as part of an permanent process of criminalization and extermination of popular youth in Brazil.
Acesso aberto (Open Access)
O “inimigo” de Jakobs desvelado pela criminologia crítica
(Universidade Federal do Pará, 2016-08-29) PEREIRA, Fábio de Sá; DELUCHEY, Jean-François Yves; http://lattes.cnpq.br/2530487459645226
The research aimed to analyze the use of the terms citizen and enemy by the theory of penal law of the enemy from Günther Jakobs , linking them with the contractualist political theories from Hobbes and Rousseau. It was defined the uses of this terminology the work reveals the construction of these terms as dogmas of criminal law, confronting them with the criticism from the Criminology Review. It was aiming to evidence the uses of dogmatic penal law of the enemy in the institutions, the research analyzed the criminal discourse of the magistracy and the public prosecutor in respect to the criminal theory of the enemy, pointing out the specific qualities of citizens and the contemporary enemies. The development of research used a deductive methodology of exploratory nature, putting them against the theoretical arguments.
Acesso aberto (Open Access)
La representación de la violencia policial en las manifestaciones de junio de 2013: un análisis crítico del discurso de las editoriales de los diarios Folha de São Paulo y O Liberal
(Universidade Federal do Pará, 2017-11-14) PERDOMO, Fernando Iván Ruiz; DELUCHEY, Jean-François Yves; http://lattes.cnpq.br/2530487459645226
Despite the bombastic declared end of history in the version of liberal democracy and the capitalist system, the end of ideologies and the class struggle, the supposed consensus of humanity on human rights and progress as the north of societies and its governments in this second decade of the twenty-first century, what we witness is the irruption of varied and novel processes of political action that have shaken the world, such as the Arab Spring, the Occupy Wall Street demonstrations of Ferguson against police violence in the United States, environmental protests in Turkey, Chilean students, Colombian peasants and the Free Pass Movement in Brazil. Although their contexts and motivations are varied, each one of them represented moments of strong tension within their countries, as a result of the clashes of violence and the struggle of speeches. In this international context of social unrest, the present investigation, centered on the Brazilian case, forms part of the demonstrations of June 2013 that triggered the increase in the passage of public transport in several cities, protests that had high doses of violence and repression, with the use not only of the truculence of armed bodies destined to preserve public order, but also of the judicial system, government speeches, mass media, among others. Concomitant with the occupation of forces in the streets between demonstrators and institutional armed forces, the symbolic struggle was fought, the clash of speeches, on the one hand, legitimizing discourses of the police order and the legitimate use of force used for its preservation, for the another, discourses that question the police order that resituate the force used by the armed bodies intended to preserve public order in the context of domination, to strip it of its legitimacy and justify its actions in response to institutional violence. From the perspective of the Critical Analysis of the Discourse we will analyze the editorials of the newspapers O Liberal and Folha de São Paulo that directly or indirectly, report the police violence against the demonstrators. The reflection on the texts in context will be based on the analysis of one category and two relations, with respect to the first one, the (de) construction of the "other" will be observed through the revision of the lexicon used by the newspapers, to describe the manifestations and demonstrators, as well as the force deployed by the armed forces responsible for controlling the June demonstrations in the cities of Belém and São Paulo, if it is considered violence or law enforcement, and the justification or condemnation of it . As for relations, the nexus between the discourses and the intensity of the force exerted for the control of the manifestations, and between the discourses and relations of power produced in that context, will be analyzed.
Acesso aberto (Open Access)
A nova arte de julgar: análise dos discursos dos julgadores do tribunal de justiça do pará na aplicação da medida socioeducativa de internação
(Universidade Federal do Pará, 2015-05-27) HAMOY, Ana Celina Bentes; DELUCHEY, Jean-François Yves; http://lattes.cnpq.br/2530487459645226
This study analyzes the speech of the judges of the State of Pará Court of Justice, on the enforcement of the socio-educational measure of detention, in order to understand how the practice of government may or may not interfere with justice actions. As a theoretical background, it assumes the studies of Michael Foucault in "The Birth of Biolytic" (2008) and its lessons about the state racism, as well as from the same author studies in the book "In Defense of Society" (2010), coupled with the contributions of Delouse (2003), on the understanding that the true law is not the law, but jurisprudence. For the construction of the results, the study makes a model of analysis, following the dialectical method. As the research object, the study selected seventy-three judgments of second instance, produced between 2005 and 2014, that applies deprivation of liberty to adolescents accused of committing offenses. The present study investigates what the purpose of socio-educational measures of detention and as the official speeches, legitimizing criminal law, interface with the measure that promotes imprisonment of poor adolescents. In this context, it uses the theoretical support of critical criminology, mainly the contributions of Alessandro Barata, Loic Wacquant, Raúl Zaffaroni and Juarez Cirino dos Santos, which helps to reflect the penal device that promotes the imprisonment of adolescents, understanding these as dangerous class. Faced with these questions, this paper is composed of three chapters. The first is dedicated to conceptual reflection about the new art of governing and guiding rationales of public law, following Foucault's teachings, especially the legal and deductive and radical utilitarian rationales, as well as the study of the theory of capital human that is anchored in the American neoliberalism. The second chapter analyzes the official discourse legitimizing punishment and its reflection on the educational measures, regarding the paradox of socio-educational and punishment, seeking to reflect what the purpose of the detention measure, in the face of the new art of governing. The third chapter presents the analysis of empirical research on the discourse of judges and discusses which rationality is adopted in the application of detention measure.
Acesso aberto (Open Access)
Periculosidade e loucura no sistema penal: a percepção dos juízes acerca da periculosidade a partir da analise de sentenças de medida de segurança no estado de Mato Grosso
(Universidade Federal do Pará, 2016-07-29) LOURENÇO, Renata; DELUCHEY, Jean-François Yves; http://lattes.cnpq.br/2530487459645226
This study sought to understand the perception of the concept of dangerousness and persistence of the concept of dangerousness presumption associated with madness in implementing decisions of the security measures from legal discourse emanating from the issued sentences by judges, in order to be the dangerousness the fundamental requirement for the application of this legal instrument. Through the historical context was possible to understand that the concept of dangerousness since its formulation in criminology, under the positive school of law was incorporated by criminal law as legitimizing basis of punitive practices and public security policies with the reasoning of the thesis of the previous defense of society. Punitive processes will delineating to meet the interests of certain social groups involved in each historical period, focusing on specific groups, and in this context has established the concept of madness violence binomial such ingrained currently up in our society. sentences and psychiatric reports processes in compliance with security measures were analyzed in the regions of Cáceres, Cuiabá and Lowland Grande, a total of 36 cases examined. The process analysis is focused on the study of the initial sentences of application of custodial security measures and progression to the outpatient and psychiatric reports that support decisions of application security measure judges. From the construction of the theoretical framework and analysis of sentences was concluded that the issue of dangerousness, although it is at first glance relegated to the legal universe, is not limited to this, since it presents as a key element in the social organization, in the grounds of the thesis defense of society and the legitimacy of punitive state and political and economic order established.
Acesso aberto (Open Access)
A polícia pode ser democrática?
(Universidade Federal do Pará, 2015-06-21) ALVES, Verena Holanda de Mendonça; DELUCHEY, Jean-François Yves; http://lattes.cnpq.br/2530487459645226
This thesis aims to answer the question: Can the police be democratic? Therefore, it analyzes the connection between the concepts of police and democracy, and performs the separation of a police lato sense and other strict sense. After, realize the importance of the criminal justice system and some speeches to make stronger an ideology focused on the segregation of individuals previously established. Defends the necessity of a democracy guided for equality in order to gain an emancipation of domestication imposed and a possibility of a democratic action by the police. The results confirmed the impossibility of lato sense police be democratic. Advocates the need to believe in the possibility of a dissent and that all are free and equal to join him or not.

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