Navegando por Autor "SOUZA, Luanna Tomaz de"

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Acesso aberto (Open Access)
A convenção da criança e os limites na responsabilização de crianças e adolescentes no Brasil: rupturas e permanências
(Universidade do Estado do Rio de Janeiro, 2019) SOUZA, Luanna Tomaz de; ALBUQUERQUE, Fernando da Silva; ABOIM, Josilene Barbosa
This research will seek to verify the contribution of the Convention on the Rights of the Child (1989) to establish limits to state power in the responsabilization of children and adolescents in conflict with the law in Brazil. The dialectical method will be used with bibliographical and documentary bases to analyze the ruptures and stays in the investigation of infractions existing before and after the validity of the Convention.
Acesso aberto (Open Access)
Da escravização ao encarceramento de mulheres negras no Brasil: contribuições para a produção acadêmica no Brasil
(Instituto Brasileiro de Ciências Criminais, 2019) SOUZA, Luanna Tomaz de; SANTOS, Lucas Morgado dos; SOUZA, Nilvya Cidade de
Female incarceration is among urgent human rights agendas in Brazil. Several segments of social movements have been linked to the struggle for detention, including the creation of fronts by states. The criminal sciences cannot escape the requirement to analyze and make theory based on the centrality of race and gender relations in understanding mass incarceration and body control strategies in contemporary capitalist societies. Understanding this phenomenon in its entirety is a necessary effort in the fight against the historically structured racist penal system in the country. This paper seeks to verify how the academic works that mobilize the category “race” in the field of female incarceration relate the current configuration of black women’s incarceration to the processes of enslavement in Brazil. The work has a feminist methodological basis and uses bibliographic and documentary research. The works available in the CAPES Journal Portal are analyzed. It appears that the works do not link slavery to the current incarceration of black women in Brazil, nor do they deepen the analysis of the structural dimension of racism in the historical constitution of the penal system.
Acesso aberto (Open Access)
É possível compatibilizar abolicionismos e feminismos no enfrentamento às violências cometidas contra as mulheres?
(Universidade Regional Integrada do Alto Uruguai e das Missões, 2020-04) SOUZA, Luanna Tomaz de; PIRES, Thula Oliveira
This article aims to reflect on the intersections between feminisms and abolitionism in facing violence committed against women. It starts from a decolonial feminist methodology, using bibliographic and documentary research. In addition to legislation on the subject, articles submitted to the Gender and Punitive System Dossier of the Brazilian Journal of Criminal Sciences and national events in the same area were analyzed. In the end, it is proposed that the dialogue between abolitionists and feminists needs to be conducted by women in situations of violence, in order to be able to produce anti-racist, anti-capitalist and anti-colonial feminist abolitionism in confronting the various existing violence in our society
Acesso aberto (Open Access)
A (im)prescindibilidade do laudo toxicológico definitivo, na condenação pelos crimes de tráfico de drogas, no Tribunal de Justiça do Estado do Pará
(Universidade Federal do Paraná, 2020-08) SOUZA, Luanna Tomaz de; ALVES, Panmella Stephanie Acácio
The purpose of this paper is to analyze the position of the Court of Justice of the State of Pará regarding the possibility of conviction in drug trafficking offenses without the definitive toxicological report. To this end, a jurisprudential survey will be carried out in the judgments of the Court, based on the deductive method and considering the provisions of Law 11,343/2006 (Brazilian Drug Law). The central hypothesis is that the Court has condemned people without the report, as remnants of an inquisitorial and prohibitionist policy. In the course of the article, the inquisitorial frame of the criminal procedural system, the delineations of the notion of materiality and truth, and the history of drug legislation in Brazil, in particular Law 11,343/2006, will be analyzed. This research presents itself as relevant, considering that it is about the largest court in the Brazilian Northern Region and that the analysis is about one of the fundamental evidences used at trials of one of the crimes that most imprisons people in the country.
Acesso aberto (Open Access)
O Lugar do direito penal na luta dos movimentos de mulheres no Brasil
(Universidade do Estado do Rio de Janeiro, 2018-12) SOUZA, Luanna Tomaz de
The article analyzes the extent to which women's movements have used the use of criminal law as a mean of coping with the violence committed against women in Brazil and which are the problems arising from this linkage. First, we analyze the action of women's movements in Brazil, then the problems of recourse to the law in the actions of social movements and whether it can have an emancipatory bias. Finally, it is evaluated whether the action of the women's movements has imported a legitimation of a selective and violent system.
Acesso aberto (Open Access)
Será que isso vai pra frente, doutora?: caminhos para a implementação da Lei Maria da Penha em Belém
(Universidade Federal do Pará, 2009) SOUZA, Luanna Tomaz de; CONRADO, Monica Prates; http://lattes.cnpq.br/6141735247260273
This research has the purpose to identify in what sense the Judicial Power in Belém was consolidated as a space to face familial and domestic violence against women, tracing possible pathways for the enforcement of “Maria da Penha” Law in the local context considering my experience in the grass root movement and as a lawyer. For this purpose interviews were made, formal and informal visits, analysis of court procedures, as well as documental and bibliographic research. I initiate the debate presenting the local reality, emphasizing the subjects that confront domestic and familial violence against women in various entities and in the women movement what leads us to realize the present difficulties in the city regarding the enforcement of this lar. I the second part I present the theoretical basis of this research which have significantly contributed for the amplification of the perspective related to the theme in here studied. Considering the definition of judicial enforcement detailed in the last chapter, I present how the Judicial Power is deciding the matter, emphasizing the imposed obstacles caused by the lack of an equipped and articulated network, as well as legal assistance to women, of compromised and skilled professional, and of constant dialogue with the women and feminist movements, protagonists of these conquests. In my reading I emphasize, still, the necessity to recognize in the women in risk a subject of rights, in the exercise of their citizenship, and the lack of political intent to impose significant changes for the implementation of Law 11.340/2006, the “Maria da Penha” Law.
Acesso aberto (Open Access)
Os sistemas internacionais de proteção aos direitos humanos e a responsabilidade do estado no enfrentamento à violência doméstica e familiar
(Centro Universitário UNIFAFIBE, 2019) SOUZA, Luanna Tomaz de; SMITH, Andreza do Socorro Pantoja de Oliveira; FERREIRA, Vida Evelyn Pina Bonfim
In the present article we analyze, from the performance of the international human rights protection systems, the extent of the State's responsibility in facing the violence committed against women. The purpose of the article is to verify how the global and inter-american human rights protection system has understood the state's role in situations of domestic and family violence. A feminist methodology based on the perspective of transformation of the institutions is realized, recognizing limits and also presenting potentialities in the defense and promotion of women's rights. The research is bibliographic and documentary, being analyzed the international and national documents of recognition of the rights of women and decisions of the Inter-American Court of human rights on the subject.