Browsing by Author "Boaventura, Edivaldo Machado"

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    Com lenço e sem documento: identidades, ideário e relações familiares na luta e repressão política a Juventude Universitária Católica
    (Universidade Católica do Salvador, 2011-04-03) Di Gregorio, Maria de Fátima Araújo; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br/; Castro, Mary Garcia; http://lattes.cnpq.br; Boaventura, Edivaldo Machado; http://lattes.cnpq.br; Arend, Silvia Maria Fávero; http://lattes.cnpq.br; Mattos, Wilson Roberto de; http://lattes.cnpq.br
    This thesis is inserted on the line ‘Family and Society’, and investigates the Catholic University Youth – JUC - movement of significant action between the Totalitarianism and Democracy brasilian, with eyes on its history, identity, ideology and praxis which have defined their participation between 1930 and 1964. The approach is based on phenomenological hermeneutics ricoeuriana, anchored in the Social History and the method of historical study, empirical and qualitative. Semi-structured questionnaires were applied to a total of 30 people, recognised as jucists, privileging diversity on academic formation. The research shows the JUC as an expressive movement of the youth in those years, formed between the socio-religious militancy, conceptualised within the context of renewal of the Church - the one ot neo christianity and the University which gave them amalgamed identities between the catholic philosophy and interaction with other university social movements. This dynamic enabled the group shares a fight between Catholic identity and revolutionary practice, resulting in the Popular Action (AP). It was then that the group protruded beyond an organized social movement in advancing its ideology, assuming the identity of the fight, experiencing the Coup of 1964 which is established in the country in an atmosphere of tension and political repression, when the family acts as protective of its members.
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    O combate institucional da violência contra a mulher: estudo comparativo entre Brasil, Portugal e Espanha na implantação de Políticas Públicas
    (Universidade Católica do Salvador, 2012-08-31) Carneiro, Valnêda Cássia Santos; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br/6538283866214716; Quinteiro, Maria Esther Martínez; Boaventura, Edivaldo Machado; Gomes, Carlos Alberto Costa; Castro, Mary Garcia; Menezes, José Euclimar Xavier de
    The passing of laws aimed to protect women against violence in Brazil. Portugal and Spain, airs this issue and favors a forward movement of women’s fight for efficacy and advances in everyday gender relationships. Through a law-theoretical approach owing to the juridical thought from these countries, this work aims to make a comparative study in the matter suitable to the historical circumstances in this first decade of the millennium. So, concepts as power, violence and institutions are analyzed in a law perspective to exhibit the juridical tools created to implement women’s protection and a deeper sight in gender relationships as well. Owing to cultural similarities Brazilian, Portuguese and Spanish laws on this matter are reviewed and compared. In consonance with the research program on Family and Society, this thesis provides the evidence of factual inability of law to produce effective protection and to acknowledge social equivalence between women and men, which leds to a deeper multidisciplinary approach. An interpretation scheme was built following the one created by Göran Therborn when studying the diminishing of fertility among women in France and United States. Therborn’s scheme is grounded on the connection between macroscopic phenomena and multiple individual decisions laying beneath it, which is the case in violence against women within a traditionally male-centered society. Through this methodology it was evidenced that law itself, even though needed, is not enough to preclude violence against women. A radical change in a deep-rooted cultural attitude is conditio sine qua non to establish a worldview in which women and men could be equally recognized as free and equivalent.
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    Deveres conjugais: efeitos jurídicos na ocorrência de ruptura da sociedade conjugal
    (Universidade Católica do Salvador, 2008) Godinho, Tânia Maria Lapa; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br/; Boaventura, Edivaldo Machado; http://lattes.cnpq.br; Menezes, José Euclimar Xavier de; http://lattes.cnpq.br; Lima, Isabel Maria Sampaio Oliveira; http://lattes.cnpq.br
    The dissertation discusses the contemporary process that influences the positive civil judicial norms of the Family Law, based on a theoretical framework with focus on Family and Society. The analysis emphasizes the period starting with the promulgation of the Brazilian Civil Code of January 1st,1916 and until the beginning of the 21st Century when the complementary Law No 10.406 of January 10th , 2002 was issued. This new Law constitutes a new civil codification, effective from January 11, 2003. Social changes occurring within this period are analyzed highlighting the judicial effects of matrimonial obligations when the rupture of the conjugal society, through divorce or separation, happens. The social dynamics within this period changes the family behavior, values, interpersonal and family conjugal relationship, creating social demand for recognition and institutionalization of new familial arrangements by the civil law. The study discusses the efficacy of the connubial rights established by the Civil Code for the married couple, or those living on a “steady union”, such as fidelity and residence in the familiar home. The efficacy of the law is related to the consequences to husband or wife for not abiding to the rules and norms of the conjugal duties, stated on the Civil Code. Therefore, the present work discusses the existence of penalty and punishment, for those breaking the norms as stated on the civil law ordinances. The research questions aim, firstly, to verify which matrimonial obligations are assumed by those married or living on a “Steady Union”, and secondly, to confront those obligations with the ones listed on the 1916 and 2002 Civil Codes. The constitutional principles of the Family Civil Law are discussed to shed light on the new paradigms of this branch of Law. Comments are made on the Project of Law No. 2285/200, Family Statute, presently on the National Congress for discussions and voting. Lastly, the judicial effects of neglecting the connubial obligations on the legal actions of divorce and separation are analyzed. The methodology used for this research work was historic documental in addition to consultation of bibliographic sources, based on the legal doctrine and interdisciplinary approach for discourse analysis.
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    Mestre bimba: o mito sagrado da capoeira regional
    (Universidade Católica do Salvador, 2008-10) Campos, Hélio José Bastos Carneiro de; Boaventura, Edivaldo Machado; UCSAL, Universidade Católica do Salvador