Navegando por Orientadores "RODRIGUES, Saulo Tarso"

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Acesso aberto (Open Access)
Análise da politica sobre drogas no Brasil a partir da criminologia crítica
(Universidade Federal do Pará, 2016-05-16) ROSA, Sérgio Antônio; RODRIGUES, Saulo Tarso; http://lattes.cnpq.br/8585243462003260
The goal of this dissertation was to analyze the Brazilian legislation on drug policy, analyzing the different regulatory treatments dispensed by law No. 11,343/2006; the counterpoint of criminal justice and justice and the effectiveness of Therapeutic Justice. The problem that aimed to do the research is: How the Brazilian legislation treats the different drug cases, in terms of penalty? The treatment to the dealer, the dealer and the drug user may considered fair and ressocializador, IE, you can retrieve the individual and free him from drugs, in addition to reinsert it in society? What is more effective, Therapeutic justice with the insertion of ' shame ' treatment or prison drug user in Gen pop? From the point of view of the proposed research, method follows the inductive-deductive logic, as it makes deductions of existing standards. As for data collection, the research qualifies as literature review, whose secondary data obtained in the Federal Constitution, Codified laws, ordinary legislation, doctrine and jurisprudence, books, articles and reports, among others. This is a literature review based on articles already published in the literature on the subject in question. It is preferable that the person comply with a feather or alternative treatment, instead of going to prison, where the biggest criminals are and, because of this, view your linked life irreparably to the world of crime. Law No. 11,343/06 is the path of legal maturity. In the same sense, the doctrine behind subsidies sufficient to resolve the issues. Nevertheless, the law has more positives than negatives, and only the practical analysis of the individual case will make possible a better interpretation of its rules.
Acesso aberto (Open Access)
Da indiferença abissal à ecologia dos saberes: os caminhos pós-coloniais para (re) afirmação dos direitos das sociedades indígenas
(Universidade Federal do Pará, 2015-10-01) SOUZA, Paulo Henrique Salmazo de; RODRIGUES, Saulo Tarso; http://lattes.cnpq.br/8585243462003260
The development of instruments for protection of rights of indigenous peoples is the result of a long historical trial and error process aiming to recognize the rights of minorities and indigenous populations. However, these instruments represent the abyssal prevailing thinking, which do not achieve success in safeguarding the rights of these peoples. Thisabyssal thinking consists in the Western modernity establishing parameters based on liberal values that validate what is considered science and law. Therefore, the abyssal cartographic lines that were created during the colonial period are represented by an epistemological and legal cartography, which are characterized by absence and exclusion. Therefore, this study is justified by the importance that the issue requires at this historic moment of questioning the universality of human rights and contemporary constitutionalism, which proposes to safeguard the rights of multicultural societies. The objective of this research was to assess how the postcolonial thoughtson human rights can respond to an effective protection of the indigenous societies rights. Therefore, a literature review, theoretical study was performed in order to achieve the proposed objective. The inductive method was used, since this method is suitable to the research proposal and to achieve the logic base of the investigation. In order to enable anunderstanding supportedby the knowledge multiplicity, an exploratory and comparative analysis of ideas, identifying the main thoughts on the subject, anda concept and possibility descriptive method that describes the applicable hermeneutical techniqueswas used. The hermeneutic method, essential for the analysis of the proposed issue, was used because the sociological nature of this work and the need to apprehend the meaning of ideas from the objective or subjective historical reconstruction of the concepts.The results of this assessment indicate that international instruments of protection of indigenous people rights do not succeed in effectively protect the rights of these peoples,since they are based on Eurocentric values. The essential conditions observed for achieving multicultural rights are the deconstruction of particularism of universal human rights and the adoption of an intercultural perspective of human rights following the Ecology of Knowledge proposed by Boaventura de Sousa Santos. The new Latin American Constitutionalism, presented as an epistemology of the South, through a break with the paradigms of Western modernity and the establishment of a new legal and politic rationality may be a viable alternative to the (re)affirmation of the rights of indigenous societies.
Acesso aberto (Open Access)
Educação jurídica indígena: superando a dicotomia pluralismo versus monismo
(Universidade Federal do Pará, 2015) ALBUQUERQUE FILHO, Armando do Lago; RODRIGUES, Saulo Tarso; http://lattes.cnpq.br/8585243462003260
The curriculum structure of legal education has been built from a monistic approach, opposing the pluralistic perspective of law. This research promotes a theoretical effort to overcome the dichotomy between the two theories, aiming to contribute with the initial elements and values for the development of an indigenous legal education founded both in the monism and in the pluralism as well. In order to fulfill this goal we used the deductive method and literature review to analyze the meanings of law from the state as opposed to the legal pluralism. It determined itself the categories of general analysis to perform the duties of a position in an application of the specific native legal education.