Navegando por Assunto "Medida Socioeducativa de Internação"

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Acesso aberto (Open Access)
Modos de subjetivação e estratégias de governamentalidade: a constituição de um "sujeito infrator" nas tramas de um dispositivo jurídico
(Universidade Federal do Pará, 2009) SILVA, Alyne Alvarez; MÉLLO, Ricardo Pimentel; http://lattes.cnpq.br/9026097374517495
This work had as the goal to glimmer the modes of subjectivation, present on the complex relationship of know-can of a legal contrivance, able to create a specific category of person: the subject infringer. According to Foucault (1997), the modes of subjectivation are the processes through which we become subject, that is, the means by which we are caught by the relationship of forces involved in the process of production of subjectivities. Therefore, certain knowledge and techniques present in several contrivances to which we connect or are connected - are considered modes that subjective us, causing-in and constituting-in as they act like normative types and way to be. To understand part of the speeches about the "subject infringer" and practices that act on it, as part of the forces that is, can be a way to provoke any type of cleft in the legal contrivance that insists in justify its action on behalf of a speech "protection" and "recovery" .If it is not possible to think in modes of subjectivation without linking them to the government issue, we ask from a genealogical study, practices of know-can-subjectivation present in the dossier of an adolescent in fulfillment of Socio-Educational Measure Hospitalization. To understand the modes of subjectivation as governmental strategies, confront a set of techniques - disciplinary, regulations and practices of themselves - and some of knowledge considered legitimate that gives a fundamental structure. The binary divisions produced by disciplinary instruments constitute the "abnormal" – in this case, the "subject infringer" –, to the detriment of what is considered to be "normal" – the "subject citizen", in which they wish to make-so. Thus, we seek through several techniques that adolescents hospitalized, separated of the desired "normality" and "identified" to the speeches that focus on the "infringer", become easy targets of the government techniques formed especially to deal with this category of people. Finally we see that, to justify the imprisonment of young people, the supposed function to recover the "deviations" conceals the tone punitive measure Socio-Educational of internment and lift a supposed corrective-educational character, which still exist as the main against "criminals" that the is legal contrivance constitutes.
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.