Navegando por Orientadores "LOUREIRO, Violeta Refkalefsky"

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Acesso aberto (Open Access)
Abuso incestuoso infantil: o poder judiciário garante a proteção integral da criança vítima?
(Universidade Federal do Pará, 2016-03-31) GUIMARÃES, Sandra Suely Moreira Lurine; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
Incestuous child abuse can already be considered a problem of public health due to its high incidence and the harm caused to the child’s development. The dynamics of this form of violence is complex and involves psychological, social and legal aspects. The present study aims to accomplish an approach on this theme starting from its social and legal interface. We shall argue that incestuous practice can compromise the balanced development of the child and thus deny her condition of subject of desire as well as her condition of subject of rights. In both forms of denial of subjectivity, the child is seen only as an object. Our goal has consisted in analyses how judiciary power brazilian has faced the cases of incestuous abuse, in order to investigate the treatment dispensed to the child victim. We discuss that the criminal model, grounded on punitivism is limited to punish the aggressor, relegating the victim to a secondary plan such that she plays only the role of probatory object in the process. Because of the, we sign that Restorative Justice, being an approach focused in the victim, is in line with Victimology, and is the proper legal model to interrupt this modality of violence. For it cares about repair and mainly because it contributes to the child’s resiliency process.
Acesso aberto (Open Access)
Amazônia, projeto desenvolvimentista, dissimulação e barbárie
(Universidade Federal do Pará, 2010) PONTE, Zuleide Pamplona Ximenes; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
This work is a thesis about the regional development project of Brazilian 1964 dictatorship, specifically about the Amazon region and in the period called as the Nova República (1986-1989). The text discusses the dissimulation conceptual basis of this regional development project to barbarian notions that characterized the region during the so-called Regional Development Projects such as the hydroelectric of Tucuruí, Brazil and its impacts on the period.
Acesso aberto (Open Access)
Brincar é coisa séria?: um estudo do brinquedo na cultura da modernidade
(Universidade Federal do Pará, 2008-01) PORTO, Íris Maria Ribeiro; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
This study searches toys as material and symbolic culture members aiming to discuss changes and meanings in modern culture before globalization of cultural industry. It focus this discussion in four categories of toys: traditional, industrial, regional and virtual, that nowadays make the act of playing. It is based on the affirmative that modern playing is fluid, quick and dislocated. People are only consumers in modern culture because toys are related to the things that happen in society, its beliefs, ideology, habits, ethics and system of language and values. So there is a disillusion about the world that operates in childhood through the toys. Children have in their hands an image that allows actions and manipulations in consonance with the representations suggested by industries of cultural possessions. It shows toys in this modern culture as a product and its images, senses and symbols are reflections of the perception of society about childhood. This study was done in São Luís, Maranhão, aiming to get the changes between two kinds of economical situations, parents of four different groups, shopkeepers and artisans. It is a qualitative research. Its results shows that toys nowadays have potential to seduce people to consume them, with senses and functions to fit all different places; therefore toys faces the problem of managing local and global characteristics. This study concludes that modern culture has brought loss and profit to the act of playing in the transition of the handiwork pattern to the industry work. It also concludes that changes we see in toys in the last four decades of the twentieth century are not restricted to them, but are restricted to a system that has been established and implies in changes in popular children’s culture, and moreover in the places of children in modern culture.
Acesso aberto (Open Access)
Castanhal Ubá: violação de direitos humanos na Amazônia paraense
(Universidade Federal do Pará, 2013) BASTOS, Dafne Fernandez de; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
O trabalho analisa o caso conhecido como “chacina da fazenda Ubá”, ocorrido em 1985, em São João do Araguaia, município do sudeste do Estado do Pará, na Amazônia brasileira. Vai além da análise estritamente jurídica do caso, esmiuçando o escorço jurídico e sociológico que se estabelece anteriormente ao massacre, durante o litígio jurídico no plano interno e internacional perante o sistema interamericano de direitos humanos, e em momento posterior ao pleito judicial, o da implantação das medidas reparatórias. Demonstra, em todos esses momentos, a atitude do Estado face à violação de direitos amazônicos. Discorre amplamente sobre os dados fáticos do caso, de forma a situar o leitor na situação que servirá de base para as discussões da obra. Analisa ainda as origens do caso, demonstrando a existência de uma oligarquia forte na região de São João do Araguaia, que atuava de certa forma alicerçada na certeza de contar com a conivência do poder estatal, o que levou a um processo de concentração de terras em alguns segmentos sociais e a demanda por terras daqueles que não dispunham de meios para tanto. Quando da análise pormenorizada dos direitos violados, evidencia que houve violação de direitos não apenas no fato de ter havido um massacre, em si, mas também durante o próprio desenrolar judicial do processo de persecução criminal, que foi tumultuado e tão somente por isso já representou uma nova violação de direitos humanos. Dando seguimento ao acompanhamento do caso, mostra o pleito perante o sistema interamericano de direitos humanos e a postura não tão diligente do Estado brasileiro no sentido de cooperar inicialmente, restando inerte por alguns anos, mas manifestando-se de forma proativa em fins de 2010. A fase internacional do caso culminou no reconhecimento da responsabilidade pela negativa da proteção de direitos humanos por parte do Estado brasileiro, com a assinatura de uma solução amistosa. Aborda-se, por fim, o último momento do caso Ubá, o da implementação das medidas acordadas na solução amistosa, demonstrando a evolução da atitude do Estado em relação às violações de direitos humanos decorrentes de conflitos agrários.
Acesso aberto (Open Access)
Da fala das ruas à fala dos tribunais: a retórica jurídica e seus impactos nas relações sociais
(Universidade Federal do Pará, 2009) FRANCO, Evanilde Gomes; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
This work presents the universe of legal language from the point of view of the semiotics of law. It brings up the analysis and the formulations of the argumentative aspects involved in law rhetorical themes aimed at showing how the argumentative force of legal speech establishes a kind of social tension starting from the relations among the various components of legal language which can be found in legitimation, neutralization, domination, and delimitation of the order created by the state. The research is an analysis of discourse and rhetoric in the light of rationality and the fundamentation that comes to the legitimation developed by state law. A rigorous exam of prosecution data was collected in order to discuss the actions of the Courts of justice in Pará. There was also the use of some interviews with authorities in this area. The references were those of contradictions between the system of law rationality and the way it is actually used in the legal domain, it identifies the connection between democracy and the state of law, all included in legal speech which can bring judicial system near the common citizen or push them apart.
Acesso aberto (Open Access)
Mulheres descolonizando a Amazônia pelos caminhos de vida: Produção de subjetividades atravessadas pelo projeto de nação desenvolvimentista
(Universidade Federal do Pará, 2020-07-10) CASTRO, Brenda Thainá Cardoso de; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
Subjectivities constantly challenge the nation project when confronting developmental policies that adopt values and ways of life that are different from their own. In view of this, some contexts, such as the case of the Amazon, allow us to perceive how the production of subjectivities occurs in dynamics with capitalism and the State, specifically in the years of political crisis experienced in Brazil since mid2014 and 2015, going through impeachment from President Dilma Rousseff until the rise of the farright government of Jair Bolsonaro. The present study is then designed in this scenario to think from the life paths of women living in Tapajós, how they relate to the nation project under the developmental sign that historically projects the future of the nation in the Amazon through logic of expropriation and exploitation. The study was carried out through field research developed over recurring trips from 2017 to 2019, connecting them to macropolitical developments in the period and the reality in three different locations: the village of AlterdoChão, Santarém; the Jamaraquá community, in the Tapajós National Forest; and the community of Coroca, on the Arapiuns River, part of the Lago Grande Agroextractive Settlement Project. In addition to the experience and daily conversations during the visits, 11 interviews were conducted with women who live in the three locations, of different ages, to think about the process of producing subjectivities. In this context, we started with references from postcolonial and decolonial studies, as well as schizoanalysis, to identify the effects of coloniality on contemporary structures and relationships, both on subjects and subjects, but also on institutions and regions, such as the Amazon. , built in the social imaginary as a gendered and racialized place, which historically is in line with a vision of a developmental project for Brazil. And that, for women, this process will involve peculiarities based on the coloniality of gender, which also crosses relations of race, class and place of origin / belonging. It was realized that subjectivities can both be compatible with the values that serve capitalist and state interests, but they can also be incompatible, leading to a rupture and the singularization of these subjectivities. Equally, it was also noticed that there is a possibility of crossing, in which a rupture is sought, but due to the structural and systematic limitations, displacement is a tool found to meet one's needs, coexist within a capitalist society and still produce desires even if involved in modern / colonial logic.
Acesso aberto (Open Access)
O papel do judiciário na efetivação dos direitos sociais
(Universidade Federal do Pará, 2015-08-27) DESSIMONI, Carla Sodré da Mota; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
The role of the judiciary for effective social rights is an issue, the subject of much debate in the legal environment and politically. The hereof theme gains greater relevance due to the growth of the judicial role as guardian of the Constitution and hence of fundamental rights provided in the Constitutional Charter. It is undeniable that tied the effectiveness of social rights is the increase in public spending for the realization of these rights, called rights of provide, guaranteed by the Constitution that require positive state benefits. Against this background, proves important to situate social rights in international law in order to realize that the real dimension of these rights at the global level. We will study the role of the judiciary in attaining social rights, analyzing the factual and legal elements that can be taken into consideration by the judge in its application in this case as the reserve as possible, the existential minimum, the public budget and the theory of the cost of rights. Still it will be considered the question of legitimacy and ability to impose limits on this legal action in the control of public policies created by other powers, the positioning adopted here in the theory of distributive justice and constitutional democracy. Finally, the rationality of judicial decision and the theory of integrity formulated by Dworkin to support the study now developed will be addressed. Will be analyzed further the current decisions of the Supreme Court about the theme.
Acesso aberto (Open Access)
Parâmetros para justiciabilidade do direito social à saúde: o caso do estado do Pará
(Universidade Federal do Pará, 2012-06-26) FERREIRA, Gabriela de Cássia Moreira Abreu; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
From the health care judicialization debate and their budgetary and public policies planning impacts, the research works on the assumption that the Judiciary should seek rational criteria in this kind of demand, proposing parameters for this task; also seeking to restore the balance between individual and collective aspects of health rights. Therefore, a constitutional and health law approach is presented, under the evidence-based medicine paradigm. The Brazil Federal Supreme Court jurisprudence on health social right is exposed and systematized, emphasizing the Public Hearing held in 2009 in this Court. Seeking to understand how and if this latest debate found echoes in regional and local reality, Pará State Court of Justice cases, tried between 2008 and 2011, were searched and compared with the previous analysed Federal Supreme Court jurisprudence; also exposing the demands’ characteristics from the following criteria: author species, legal representation, disease, applicants’ profile, demand results (and others), as well as the main arguments presented by the authors, defendants and judges. From our survey, specific health right justiciability parameters are proposed, influenced by Ronald Dworkin’s law as integrity theoretical framework, restoring the integration between public subjective right and collective right, as complementary nature to the right to health.
Acesso aberto (Open Access)
Possibilidade jurídica de adoção por casais homoafetivos
(Universidade Federal do Pará, 2012) MARÇAL, Sílvia Silva Vargas; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
This research seeks to examine in detail the legal position of the recognition of homosexual rights deriving from their social interactions with their peers. Offering mainly aimed at addressing the feasibility of adoption by homosexual couples as an expression of respect for fundamental rights and guarantees of man and citizen and as unambiguously development and social inclusion. This is because not only recognizes the practical relations homoafetivas the character of a family unit - safeguarded by the principle of equality, as understand the Supreme Court (STF) in the ADI decision nº. 4277-DF, judged on 05 May 2011, which recognized unions as stable unions between persons of the same sex since met the legal requirements - like, likewise, contemplates and ensures the rights of children and adolescents a safe and healthy home environment, able to provide them with adequate physical, mental and moral.
Acesso aberto (Open Access)
Trabalho, códigos, gratidão e reciprocidade na prisão: um estudo de caso na Penitenciária Estadual de Parnamirim, no Estado do Rio Grande do Norte
(Universidade Federal do Pará, 2007) MOREIRA, Hélio Luiz Fonseca; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
The main goal of this work is to analyze the meaning that the work assumes in the prision context, having like reference to penitentiary Public Parnamirim, located in state in the Rio Grande do Norte. This penitentiary was going created to be a socialization model, in the molds written in the Penal Executions Law. PEP it configures as a heterogeneous universe, marked for contradictions and conflicts subjective of the varieder orders, that is solved with base in the informal normative codes that govern the relations constituted between recluse, and between these and the leading team. In your everyday find power relations, founded in an instrumental rationality, but we also find sentimental relations, support in affectivity liaisons, gratitude and reciprocity. To board the meaning yhat the work assumes in PEP, we accomplish a fast incursion in the penitentiary constitution process in the modern society, without deepning, because in this incursion our goal is just to situate the reader in relation regarding the modern penitentiary roots. In the same direction elaborate a collapse portrait where finds the penitentiary system Brazilian for, soon after, come in by Statet do Rio Grande do Norte's penitentiary system and, finally, come in in the PEP to investigate the combination dynamics that allows the social places institution, the identities definition and the relative values existence to the normality and the behavior transgression.
Acesso aberto (Open Access)
O tráfico feminino para fins de superexploração sexual: o caso do Pará
(Universidade Federal do Pará, 2009) ABDORAL, Eliceli Costa; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
In a female imaginarium of Paraense Amazon, emigration is a dream which is not only part of a survival strategy, but also a search for the resignification of places, constructions, and imaginaries attributed to the “feminine” within the sexist, racialized, and heteronormative cultural heritage imposed within and on the region. Many of these dreams of living in a context free of violence: they dream of having a nice house, healthy children, and a kind husband. Others dream of earning lots of money by working as prostitutes, dancers, or in any profession that allows them to fulfill their dreams of wealth. All have heard stories of successful women who emigrated and now own cars, expensive clothes, and their own homes. They have heard of strong prospects connected to major commercial projects in the Amazon, but are unsure of how to travel there, since many of these sites (such as mineral and gold mines) are difficult to access. They have already heard that “out in the world,” their exoticism is worth money. Others, meanwhile, have heard stories of people who were enslaved, imprisoned, deported, or killed. However, they are willing to try their luck, believing the risk to be worthwhile. They know how difficult it is to leave Brazil, apply for a passport, negotiate in another language and another currency, confront complex and demanding bureaucracies and rigid, restrictive legislation. They believe that if they tried to emigrate alone, with the support of someone experienced, they would probably not succeed. In these situations, someone appears claiming to have experience and offering to provide everything, as if with the simple touch of a magic wand… Human trafficking, and especially the female trafficking for sexual exploration – which includes women, transvestites and transgender is a violation of human rights in the context of migration. It is also, according to the United Nations, the third most lucrative illicit practice on the planet, after drug and arms trafficking. It is multifaceted, marked by a double regulation: that of capitalism and that of identity, and its finality is always slave labor, including servile marriage and forced prostitution. The context of human trafficking goes beyond the criminal sphere, and is pervaded by questions of culture and gender. Combating it demands the recognition of democratic diversity, the right to non-discrimination, and the parameters of human rights. Its work means about this question, when the traffic finality is a forced prostitution (slavery work type), considering the Paraense Amazônia context.