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) 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) "Ela não mereceu ser estuprada”: a cultura do estupro, seus mitos e o (não) dito nos casos penais(Universidade Federal do Pará, 2018-05-14) ANDRADE, Mailô de Menezes Vieira; PINHO, Ana Cláudia Bastos de; http://lattes.cnpq.br/3470653249189577Women only deserve to be raped in a rape culture. This expression, thought by feminists, is designed and understood to announce the naturalization and normalization of male violence against women, with tolerance and sometimes incitement of, especially, rape, through various behaviors, including distrust around the version of the victim and, above all, their blame for the violence suffered. In this scene, this research intends to answer to what extent this culture manifests itself in the discourses of the agents of the criminal system in cases judged in Pará? Based on criminological and feminist readings on rape, I aimed to analyze the tolerance of rape in the criminal justice system through the analysis of 46 judgments involving this crime judged by the Court of Justice of the State of Pará in the year 2017, in other words, the manifestations of this culture in criminal cases. My hypothesis, therefore, is that the doubling of violence at institutional level in cases of rape indicates the existence of a rape culture in Brazil, which is reaffirmed and maintained by the criminal justice system and which is often manifested in what the judged are silent, and not in what they speak.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) 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/2530487459645226In 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.Item Acesso aberto (Open Access) Garantismo e sistema penal: crítica criminológica às prisões preventivas na era do grande encarceramento(Universidade Federal do Pará, 2016-04-28) SILVA, Adrian Barbosa e; PINHO, Ana Cláudia Bastos de; http://lattes.cnpq.br/3470653249189577This work has as central issue the application of pretrial detention by judicial agencies in the context of the Brazilian criminal justice system. Starting from the premise that the criminal justice systems located in Latin American margin, the periphery of the neoliberal global capitalism, lack legitimacy due to structural factors, in the first chapter, it takes place kind of “general radiography” of the Brazilian penal system tensing it’s official programming, directed to protect human rights by means of combating crime, with the operational reality of their punitive agencies that operate in real reversal, when violate them, that is, opposite to what is proposed, and the great incarceration of the main problems of this reality, occupying the central role pretrial detention for both. Seeking to highlight the close relationship between the application of this institute with the national problem, there was analysis of all habeas corpus judgments of the Court of Justice of Pará, on pretrial detention during the year 2015. Once verified the hypothesis that this cautionary prison is at the confluence of the paraense penitentiary system data with the results of empirical research, essentially dysfunctional to cautelaridade, it passes the prison to be the rule and freedom the exception. In the second chapter, it seeks to theoretically describe the problem in order to not fall to the objectivity of the visible, far beyond the one shown on the data collected and, from the development of problematizing criminological theory (critical criminology), in particular produced in Latin America, it seeks to unveil the existing real functionality, but hidden behind the application of the precautionary prison (unequal social control through penalty anticipation, enemies containment and social defense), and representative decisions of three decision models were analyzed, presented in the first chapter and theoretically studied in the second. Since a critical model of criminal sciences, surpassing the criminological positivism and the belief in the ideology of social defense, criticism proposes a unique and questioning approach to the problem, requalifying the jurist's role (critical jurist). Finally, the last chapter, in view of the considerations made, and qualitative contribution afforded by “criminological magnifying glass” approach is carried out from the warrantism theory which, seen as a political-criminal strategy (methodological approach), nevertheless be open to criticism (especially by criminology), shows interesting response mechanism to delegitimization and, as regards the specific case of pretrial detention is undoubtedly a possible and viable tool for reducing damages from hiperincarceration logic. Since the rescue of historical-foundational perspective of traditional warrantisms to its epistemological reconstruction in the work of Luigi Ferrajoli, it seeks to finally demonstrate the real possibility of reception and application of warrantism criticism of legal foundations authorizes of preventive penal protection for before of (dis)functionality of penal control, reduce prisons, guarantee rights, extend freedoms and save lives.Item 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/2530487459645226Despite 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.Item Acesso aberto (Open Access) As Manchas Autoritárias do Processo Penal Brasileiro: Quem (Bar)ganha com o Engodo Inquisitório?(Universidade Federal do Pará, 2017-05-03) GOUVEIA FILHO, Eduardo Correia; PINHO, Ana Cláudia Bastos de; http://lattes.cnpq.br/3470653249189577The present dissertation holds as objective to unveil the degree of authoritarianism and how inquisitorial it is within institutes that adopt bargaining, three in particular: confession as a generic mitigating circumstance to the sentence, plea bargain and penal transaction. A muchneeded look of the past was carried out, focusing on the inquisitorial penal system, so as to pinpoint which features of that system remain, to this day, present in the current Brazilian penal process. Certainly, the use of the researched institutes outlines relevant closeness to that historical period, marked by a high degree of authoritarianism and disregard towards human dignity. In the second part of the study, historical analysis was used to illustrate how the authoritarianism inherent to the Brazilian penal process was born during Brazil’s colonial period, when slavery was lawful. From the examination of certain legal documents from that time, as for instance: the constitution of 1824, the Criminal Code of 1830 and the Code of Criminal Process of 1832, authoritarianism is evident in criminal legislation, which certainly came to be accepted by the Brazilian citizenry, a society that allows, for instance, the presence of institutions that adopt bargaining, known for being violators of fundamental rights and extremely wicked towards the imputed party. In the study’s last part, garantism was selected as theoretical framework, for it consists of a democratic theory, which abides by criteria of rationality and which aims for the restraint of punitive power, being therefore a checks and balances on the punitive spree experimented with in the country, which breaches, in many ways, the constitutional commandments of the Carta Magna of 1988, given that the only model of criminal law feasible in a democratic state is that of minimum penal law.Item Acesso aberto (Open Access) Mulheres, justiça e caminhos de dor: um estudo empírico nas varas de violência doméstica e familiar de Belém - PA(Universidade Federal do Pará, 2018-04-11) LOPES, Twig Santos; ROSENBLATT, Fernanda Cruz da Fonseca; http://lattes.cnpq.br/9453548142022203; PINHO, Ana Cláudia Bastos de; http://lattes.cnpq.br/3470653249189577Based both on an extensive literature review and field work, this research aims to analyze the limits and tensions faced by women in situations of violence that had access to justice through the domestic violence courts of the State Court of Justice of Pará (Brazil). For the theoretical component of this study, a review of critical criminology and feminist theories elaborated in the socio-legal field was conducted. As for the empirical part, this included both, observations of hearing procedures, as well as semi-structured interviews. The interviews allowed to understand the paths taken by women in situations of domestic violence within the judicial agency, as well as the magistrates perceptions about their own work. The discussion presented is intertwined with the narratives collected in the field, which help to identify the problems involved in the relationship between the criminal justice system and women in situations of violence, a relationship marked by varied forms of institutional violence – revictimization – against these women. The analysis highlight, above all, these women’s narratives and perceptions about the criminal justice system and the way they feel treated within court proceedings. The fieldwork made possible to identify the difficulties related to the inability of protection mechanisms and of legal assistance contained in Law no. 11.340/2006, known as “Maria da Penha” Law, as well as revictimization processes triggered by state agents. The methodological approach is qualitative and interdisciplinary.Item Acesso aberto (Open Access) Reconhecimento pessoal e verdade no processo penal: uma discussão à luz do Garantismo de Luigi Ferrajoli(Universidade Federal do Pará, 2022-03-31) ALVES, Luize Cristina de Oliveira; PINHO, Ana Cláudia Bastos de; http://lattes.cnpq.br/3470653249189577The aim of the present research is, through a bibliographic review, establish a relationship between the question of truth in criminal proceedings and the production of proof of recognition of people. The Penal Guarantee of Luigi Ferrajoli was used as the main theoretical foundation and, as a legislative framework, was used the positivation of guarantees brought by the Constitution of the Republic of 1988. The aim was to assess whether personal recognition, as currently provided for in art. 226 of the CPP and in the forms of its pratical realization, meets (or not) the ferrajolian perspective of truth in the process. In this way, it was necessary to demonstrate the importance of the debate about procedural truth and to situate Luigi Ferrajoli’s position on this issue. It was also sought to verify to what extent the legal provision and the daily practice of carrying out this procedure are in line with the scientific production on the subject. It was concluded that there is a discrepancy between the model of recognition of people that we currently have in the Brazilian criminal procedure (in art. 226 of the CPP and in practice) and the minimum guidelines indicated by the psychology of testimony, already adopted by several international legislations. Thus, using the contributions and knowledge of this branch of psycology, especially with regard to the functioning of human memory, it is intended to point out mechanisms embodied in procedural guarantees, that allow greater rational control of the act of recognition in order to satisfy the research for an approximate truth (Ferrajolian conception) in the identifications of authorship.