Browsing by Author "Almeida, Germana Pinheiro de"
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Item Aplicação dos princípios gerais da previdência social frente a não contribuição do trabalhado rural(Universidade Católica do Salvador, 2019-06-13) Machado, Ailana Noaci da Cruz; Almeida, Germana Pinheiro de ; https://wwws.cnpq.br; Pacheco, Joelma Ferreira Silva Primo; https://wwws.cnpq.brThe main objective of the present work is the more specific analysis of the protection offered by Social Security and Social security, as well as the retirement process of rural workers, especially in issues involving the character Non-contributory and evidential means to initiate this security, stressing that for this protection, the regulatory legal framework is based on certain social and constitutional principles, in addition to supporting concepts of Several species of employees and mainly the relationship and equation between rural and urban workers.Item A aporia da exclusão ou o paradoxo do capital: uma análise sobre o auxílio reclusão na sociedade do espetáculo(Universidade Católica do Salvador, 2015-11-30) Almeida, Germana Pinheiro de ; Silva, Antônio Carlos da; http://lattes.cnpq.br/2735855153608701; Castro, Mary Garcia; Rocha, Sheila Marta CarregosaThis thesis aims to critically address the concept and implementation of aid-seclusion in the society of the spectacle, with the allegory of the Brazilian liberal democracy in contradiction with the idea of justice and the current stage of capital's structural crisis. However, what is in fact the aid seclusion will be singled out which are the guiding social security principles and how it outlines the Social Security, with special emphasis on the period between the Brazil Federal Constitution of 1988 to 2013 The answer to that question is far from simple, nevertheless, we insist that there seems to be, at first, an easy answer to this question. The old dichotomy between good and evil can not be easily diluted, even if the answers are shown subservient to the logic of capital. In this context, the role and purpose of the State shall be concomitantementes evaluated under the aegis of the ethical-moral subject is supplanting the subject-commodity.Item A atuação do Ministério Público Federal e da polícia federal no combate ao tráfico de pessoas para fim de exploração sexual(Universidade Católica do Salvador, 2019-06-18) Ferreira, Gleyce Samara dos Santos; Almeida, Germana Pinheiro de ; https://wwws.cnpq.br; Pacheco, Joelma Ferreira Silva PrimoThe following work was carried out with the purpose of analyzing the Federal Public Prosecution Service and the Federal Police in the fight against the international traffic of people for the purpose of sexual exploitation. The issue is directly related to migratory flows, social issues, as well as international organized crime. First, a historical retrospective will be made to demonstrate the origins and growth of crime, followed by conceptualizations, exposition of causes, as well as exposure of the agents of crime, routes and flows of trafficking, analyzing the principle of the dignity of the human person in the face of crime. Based on these assumptions, the research will focus on the Palermo Convention, international cooperation and Brazilian participation in repression, making references to its action, both nationally and internationally; as well as the support and protection given to victims by States and Non-Governmental Organizations.Item O casamento da pessoa com deficiência intelectual: autonomia ou dependência?(Universidade Catolica de Salvador, 2018-12) Pascoal, Roberto Brandão; Pacheco, Joelma Ferreira Silva Primo; http://lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br; Almeida, Germana Pinheiro de ; http://lattes.cnpq.brThis work intends to analyze the marriage of the person with intellectual disability in the light of Article 6, I, of Law 13,146 / 2015 (Brazilian Law of Inclusion), in which it changed the civil capacity system of the Civil Code of 2002, granting the person with disabilities in a generalized way, the full capacity to self-determine in society, arising for this, the concern, if the marital bond goes through autonomy or dependence before the concrete case for its effectiveness.Item Caso Vilacamba e caso Mariana: o poder constitucional e a ineficiência de protocolos preventivos ao meio ambiente(Universidade Católica do Salvador, 2019-10) Félix, Lis de Almeida; Braga, Lara de Jesus; Almeida, Germana Pinheiro de ; Félix, Lis de Almeida; Braga, Lara de Jesus; Almeida, Germana Pinheiro de ; UCSAL, Universidade Católica do SalvadorItem A condição jurídica dos refugiados no Brasil: uma análise a partir das perspectivas dos direitos humanos e políticas de acolhimento(Universidade Catolica de Salvador, 2019-01-24) Costa, Ocimara Alves da; Almeida, Germana Pinheiro de ; http://lattes.cnpq.br; Pacheco, Joelma Ferreira Silva Primo; http://lattes.cnpq.brMigratory flows generated by situations of miserableness, wars and deprivation of rights in different parts of the globe have gained prominence in the face of the mass of refugees it has formed. In this perspective the objective of the present work is to discuss the national public policies geared towards the refugee migrant, we seek to answer How does the national policy towards the migrant treat the refugee? This research was used a methodology of qualitative nature, associated with bibliographical revision, the documentary analysis on refugee data in Brazil and the legislative analysis. The Declaration of Human Rights ensures that the human person has the right to migrate and to take root where he can fully develop his personality, which in turn requires States to establish policies for the reception, especially for those who leave their homes, their country, because of well-founded fears of persecution because of their race, religion, nationality, association with a particular social group or political opinion.Item A constitucionalidade da lei 13.810/2019 e das novas medidas para cumprimento de sanções aos investigados ou acusados de terrorismo(Universidade Católica do Salvador, 2019-12-10) Borges, Marina Neves; Almeida, Germana Pinheiro de ; http://lattes.cnpq.br; Pacheco, Joelma Ferreira Silva Primo; http://lattes.cnpq.brThe present work is based on the study of the new Brazilian Law 13.810/2019, which deals with sanctions applied by the United Nations Security Council to persons accused of terrorism, including freezing terrorist assets. In order to reach the main theme, it is first necessary to understand what terrorism is and its characteristics. On the other hand, it is important to highlight the constitutional principles that Brazil values in its international relations, as well as relevant points in the application of this law in the fight against terrorism and money laundering.Item O crime de importunação sexual e a influência da mídia em uma sociedade imediatista: um estudo sobre o simbolismo da lei 13.718/18 e os riscos de sua ineficiência(Universidade Católica do Salvador, 2020-06-10) Rodrigues, Tissiane Almeida; Baqueiro, Fernanda Ravazzano Lopes (Orient.); http://lattes.cnpq.br/; Almeida, Germana Pinheiro de ; http://lattes.cnpq.br/The present article has as a general goal show the way as social media Comes interfering on creation and implementation of laws in the actual society, helping to improve the growth of symbolic criminal law in Brazil, analyzing focused on law 13.718/18 that has birthed the crime of sexual harassment, through a qualitative research built on article’s and bibliography. Therefore, it will be analyses the issues based on the creation and edition of a single law, and present the ineffectiveness and selectivity of symbolic criminal laws. Having said that, a detailed analysis of Law 13.718/18 and the symbolism it carries will be outlined, being necessary to study the specific case that gave rise to the crime of sexual harassment and how the media could influence. Given of the above, after the initial explanations of the “new” penal type and its consequences, the probable ineffectiveness of the harassment law will be demonstrated, given its generic creation and without satisfactory results, finally listing valid solutions to modify public policies that protect and assist the victims of the crime of sexual harassment.Item A crítica do conceito de ressocialização e da seletividade sócioracial como fundamento que orienta a aplicação da pena de prisão(Universidade Católica do Salvador, 2009-10) Nzumbi, Ricardo Ferreira Lio; Almeida, Germana Pinheiro de ; Nzumbi, Ricardo Ferreira Lio; Almeida, Germana Pinheiro de; UCSAL, Universidade Católica do SalvadorItem O direito à educação do direito: a tecnologia e o Estado(Universidade Católica do Salvador, 2021-06-14) Rocha, Amanda Carvalho; Gurgel, Christianne Moreira Moraes; http://lattes.cnpq.br/; Almeida, Germana Pinheiro de ; http://lattes.cnpq.br/Item Implementação do regime de teletrabalho no Tribunal de Justiça do Estado da Bahia após pandemia de COVID-19(Universidade Católica do Salvador, 2021-12-06) Pereira, Gabriella Almeida; Oliveira, Jadson Correia de; http://lattes.cnpq.br/; Almeida, Germana Pinheiro de; http://lattes.cnpq.br/This article focuses on the analysis of the implementation of the telework regime in the Court of Justice of the State of Bahia, after the proliferation of coronavirus in Brazil. Its objective is to analyze the main changes that occurred in the way of execution of the jurisdictional activities of the TJBA due to the adoption of the telework regime during the year 2020. The article presents analyses on the principle of efficiency, followed by the analysis of telework in the Brazilian Judiciary and in the states of Santa Catarina and Bahia, from the study of its regulation and implementation. Is the teleworking modality today, or in the near future, a viable and efficient management system within the Bahian judicial organization? As a result achieved, it was found that it is possible to take the telework regime after a pandemic period, provided that the main challenges to be overcome are observed, aiming at achieving a faster and more efficient judicial provision. The methodology used in this research is descriptive, based on documentary and normative, with the purpose of understanding, explaining and specifying the telework regime implemented by the TJBA.Item A (in)constitucionalidade dos aspectos trazidos pela reforma da previdência dada pela EC 103/19 em torno da aposentadoria voluntária dos Servidores Públicos à luz da segurança jurídica(Universidade Católica do Salvador, 2021-12-06) Silva, Isabella de Almeida; Oliveira, Jadson Correia de; http://lattes.cnpq.br/; Almeida, Germana Pinheiro de; http://lattes.cnpq.br/; Santos, Mirella de Freitas; http://lattes.cnpq.br/The objective of this work is to analyze the pension reform given by EC 103/19, in more detail the new eligibility criteria for voluntary retirement of public servants linked to the Special Social Security Regime in light of legal security and the protection of trust . Since the promulgation of the Federal Constitution of 1988 until the advent of the referenced EC 103/19, the social security of public servants was able to undergo several reforms through constitutional amendments: EC 03/1993; EC 20/1998; EC 41/2003 and EC 47/2005. In this scenario of constant changes, there is a clear rupture around legal security, as well as the corollary of the protection of trust, it should be noted, nurtured by those managed in terms of the perpetuation of the social security rules that house them, culminating in directly impacting the projects of life traced by the servers around the so desired inactivity. From this perspective, aspects of EC 103/19 and the institute of legal security and the protection of trust will be analyzed with a view to concluding that the new eligibility criteria chosen by the new reform are unconstitutional in light of legal certainty and protection of trust.Item Os indignos de vida: uma análise sob a perspectiva do abolicionismo penal da chacina de Altamira no Estado do Pará(Universidade Católica do Salvador, 2020-06-10) Santos, Tâmara de Araújo dos; Baqueiro, Fernanda Ravazzano Lopes; http://lattes.cnpq.br/; Almeida, Germana Pinheiro de; http://lattes.cnpq.br/The article in question has as primary objective to promote an analysis about the Altamira Slaughter, in the state of Pará towards the conjecture of those unworthy of life under the perspective of penal abolitionism. This case of study has as specific objectives to approach the notion of killable, unworthy lives and verify imprisonment as social mechanism of control in Altamira’s slaughter. To that end, it is carried out a study starting from a bibliographical review and document analysis, especially inspection reports from the Centro de Recuperação Regional de Altamira, in Pará, carried out by the National Mechanism for Preventing and Combating of Torture (MNPCT) and by the Human Rights Commission and Consumer Protection of the Legislative Assembly from the State of Pará (ALEPA), as well as the “Inspection Registrations Receipt”, elaborated by the National Justice Council (CNJ). Thus, this study has as problematizing question: In what measure the abolitionist criminological current allows the analysis of Altamira’s Slaughter before the conjecture of those unworthy of life? Finally, it is critically analyzed the disdain shown by the instances towards the 62 lives that will never be legally protected, because they were unwanted, and had as only options imprisonment or death.Item Lesbianidades negras e a Lei Maria da Penha: um debate sobre heteronormatividade jurídica(Universidade Católica do Salvador, 2021-12-15) Silva, Maria Beatriz Dias da; Carvalho, Érica Rios de; http://lattes.cnpq.br/; Almeida, Germana Pinheiro de; http://lattes.cnpq.br/The general objective of this article is to discuss whether there is a structural heteronormativity of the legal system for the protection of women and its effects in relation to the specific protection of black lesbians in the Maria da Penha Law. As specific objectives, it was sought to describe the legal protection existing in Brazil in relation to women in the LMP, to verify whether such protection specifically pays attention to the peculiarities of protection for black lesbian women; and then discuss the results from the Critical Theory of Law and lesbofeminist theories. The theoretical framework was composed of the dialogue between The Critical Theory of Law and lesbofeminist theorists, whose analyzes of the latter are aimed at recognizing the place of the lesbian body in the patriarchal system, questioning heterosexuality from the perspective of intersectionality. The methodology used included a documentary analysis of the Maria da Penha Law and a literature review on legal protection against domestic and family violence against women. It was found that the Law is often expressed in accordance with the heteronormative expectations of society, in accordance with the male principle of domination, which tends to make the recognition of black lesbians and the violence suffered by this group unfeasible.Item Tráfico de mulheres para fins de exploração sexual: análise dos principais institutos dos direitos humanos em uma perspectiva internacional(Universidade Católica do Salvador, 2021-12-07) Simões, Zélia Helena de Souza; Bonelli, Rita de Cássia Simões Moreira; http://lattes.cnpq.br/; Almeida, Germana Pinheiro de; http://lattes.cnpq.br/This article deals with the main human rights institutes regarding the prevention, protection and rescue of women victims of trafficking for the purpose of commercial sexual exploitation. Therefore, the qualitative-descriptive and hypothetical-deductive scientific research method will be used. In view of the analysis of the above mentioned institutes, it is evident that they are not sufficient to suppress the trafficking network, revealing that such an intense social, moral and legal anomaly cannot be extinguished only using international frameworks, being necessary an active conduct in the social and cultural sphere of societies.Item Vinculação do Brasil às normas internacionais de combate ao tráfico de mulheres para fins de exploração sexual(Universidade Católica do Salvador, 2019-12-11) Araújo, Thainara Fraga; Sousa, Marcelo Fontana de; http://lattes.cnpq.br; Sousa, Marcelo Fontana de; http://lattes.cnpq.br; Almeida, Germana Pinheiro de; http://lattes.cnpq.brThis article is about Brazil's attachment to the international norms to combat trafficking in women for the purpose of sexual exploitation, as it is the most vulnerable group to this criminal practice and the country's need to be legally adapted to the protection of these people. Thus, we analyze Brazil's adherence to treaties of this kind, the influence of these rules on domestic law, and the changes made to Brazilian law to suppress this unlawful conduct. For this, we used the bibliographic and legislative research, with qualitative approach and hypothetical-deductive method. In the end, it was observed that domestic laws have been in line with international standards, but there is a lack of effective public policies to configure legislative compliance and provisions that exclusively foresee this practice against women. Therefore, it was concluded that there is a deficiency in the action of the public power regarding the prohibition of this act that violates human rights.Item A violação de direito a previdência social dos sujeitos encarcerados no sistema penitenciário brasileiro(Universidade Católica do Salvador, 2021-12-15) Lima, Júlia Andrade de; Carvalho, Érica Rios de; http://lattes.cnpq.br/; Almeida, Germana Pinheiro de; http://lattes.cnpq.br/The present work came up with the following question: does limiting access to social security benefits for workers incarcerated in Brazil violate social rights? Thus, the general objective was to reflect whether the limitation of access to such benefits violates the social rights of workers who are incarcerated in Brazil. To answer this question, the first specific objective was to critically identify what the Federal Constitution of Brazil and the Criminal Execution Law deal with social rights and then discuss the responsibility of the State as a limiting agent of social security rights, bringing data on the benefits that inmates have or should have access to. The methodology used included documental analysis and bibliographic review and obtained as a result checking the limitation to access to beneficial social security with more focus on assisting seclusion and assisting patients in closed regime and the restriction of social security rights to incarcerated individuals.