Browsing by Author "Lima, Isabel Maria Sampaio Oliveira"

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    O abrigo, a criança e a família: caminhos da reinserção familiar
    (Universidade Católica do Salvador, 2019-02-25) Cardoso, Lorena Márcia Nascimento; Bastos, Ana Cecília de Sousa Bittencourt; http://lattes.cnpq.br; Ferriz, Adriana Freire Pereira; http://lattes.cnpq.br; Souza, Cinthia Barreto Santos; http://lattes.cnpq.br; Rabinovich, Elaine Pedreira; http://lattes.cnpq.br; Lima, Isabel Maria Sampaio Oliveira; http://lattes.cnpq.br; Alcântara, Miriã Alves Ramos de; http://lattes.cnpq.br
    The social and familiar aspects related to the removal of children from their homes and, in some cases, the family life, put on the scene the situation of vulnerability in which are found many Brazilian families. In this scenario we have the institutional reception of children in shelters and the mechanisms that operate directly in the process of family reintegration. On this, our research object is the perspective of technical professionals that have been or are monitoring sheltered children and their families in the process of reintegration. We have the following research question: What family reality is unveiled throughout a process of reintegration of sheltered children in their families and how do the institution’s technical professional experience this process? To answer it, we have raised as main goal: i) analyze the track of family reintegration considering the context of the institution and of the sheltered child’s family of origin, in the perspective of technical professionals that operate this modality of reception. And, as specifics: ii) map the types of intervention/receptions targeted to the sheltered child’s family made by the shelter’s technical professionals, discussing the elements that interfere on reintegration; iii) identify the context’s conditions (house and family’s structure) to a successful reintegration, in the perspective of the shelter’s technical professionals; iv) analyze the relation of the shelter’s technical professionals with the child’s family and other systems that are part of the social and legal assistance to child protection network, facing the possibility of reintegration in family of origin; and v) analyze the meaning of institutional reception of children and family reintegration to shelter’s technical professionals. This is a qualitative research, with the design of a multiple case study (Yin, 2003; 2005; 2015). Half structured interviews were carried out with six professionals that operate or have operated as technicians in institutional childcare service, in the city of Salvador- BA. The data analysis was based on the construction of categories based on the bio-ecological model of Bronfenbrenner (1979/1996). The following were used as theoretical contributions: Bioecological Theory of Human Development (Bronfenbrenner, 1979/1996, 1989, 1993, 1998, 2004, 2011; Bronfenbrenner & Morris, 1998) and the Family Systemic Structural Theory (Minuchin, 1966/1990; Minuchin, P., Colapinto & Minuchin, 1999; 2011; Minuchin & Fishman, 2003), with the purpose of substantiating the analysis and understanding of the data. Thus, we conclude that the institutional reception of children composes a complex territory and the data obtained allowed us to access this reality through the perspective, coming from a professional trajectory, that sometimes was intertwined and confused with the trajectory of life.
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    Abuso sexual infantil: preparados, senhores bacháreis?
    (Universidade Catolica de Salvador, 2016-01-28) Caribé, Júlia de Barros; Lima, Isabel Maria Sampaio Oliveira; http://lattes.cnpq.br/4133901855237809; Prado, Alessandra Rapassi Mascarenhas; Ristum, Marilena; Alcântara, Miriã Alves Ramos de
    Human rights and health issues are directly interconnected when dealing with the sexual abuse of children. As a result, a truly interdisciplinary approach is required to deal with this issue. Child sexual abuse is a complex phenomenon and calls for a multi-approach education for legal professionals to prevent additional harm to the victim and her family. The multidisciplinary interaction of the professionals involved with the protection of the child victim of sexual abuse is essential to the effectiveness of reducing harm, interrupting the cycle of violence, rebuilding family ties and to preventing the re-victimization of the child. It begins with the assumption that the curriculum offered by Institutions of Higher Learning (acronym IES in Portuguese) in law schools in the state of Bahia do not have the interdisciplinary nature necessary for the education of future legal professionals to deal with issues related to the full protection of the child victim of intrafamilial sexual abuse. This research issue is based on the following question: how does legal education promote the education of the legal professional from an interdisciplinary perspective of the full protection of the child victim of intrafamilial sexual abuse? The overall objective of the study is to analyze legal education from an interdisciplinary perspective to guarantee the full protection of the child victim of intrafamilial sexual abuse. The specific objectives are: a) to analyze intrafamilial sexual abuse and its subjective implications regarding the victim and family; b) to discuss Brazilian legal education from an interdisciplinary perspective and its impact on the full protection of the child victim of intrafamilial sexual abuse. A qualitative approach was taken and the research is associated with historical materialism and dialectical materialism. This includes a literature review, legislative review, and field research with semi-structured surveys of legal professionals practicing in the area of child protection. Data analysis was performed using the hermaneutic-dialectic model. Results showed that the current legal education model does not promote a humane education that focuses on social questions. The importance of interdisciplinarity in legal education is highlighted, an education which currently focuses on the letter of the law. In order to deal with intrafamilial sexual abuse, the legal system needs ethical professionals who are capable of responding effectively to the challenges in these times of social change. To this end, the IES should provide its students with the opportunity to develop abilities, competencies and sensibilities that are aligned with the increasing dissemination of the idea of interdisciplinarity.
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    Acessibilidade e direitos humanos fundamentais da criança com o transtorno do espectro autista
    (Universidade Católica do Salvador, 2019-10) Rodrigues, Érica Santana Barros de Oliveira Nery; Lima, Isabel Maria Sampaio Oliveira; UCSAL, Universidade Católica do Salvador
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    Adoção na família homoafetiva
    (Universidade Catôlica do Salvador, 2009-10) Varela, Jamile Dantas; Lima, Isabel Maria Sampaio Oliveira; UCSAL, Universidade Católica do Salvador
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    Adolescente-mãe em conflito com a lei: vivência da maternidade em cumprimento de medida socioeducativa
    (Universidade Católica do Salvador, 2011) Almeida, Nadir Oliveira Galrão Leite de; Lima, Isabel Maria Sampaio Oliveira; http://lattes.cnpq.br; Alcântara, Miriã Alves Ramos de; http://lattes.cnpq.br; Iriart, Mirela Figueiredo Santos
    This research aims to investigate the meanings of the experience of motherhood as lived by adolescent mothers in conflict with the law who are institutionalized under socio-educational measures, based on interviews carried out during field work in the Socio-Educational Services Community (CASE/SSA) that integrates the Children and Adolescents’ Foundation in the State of Bahia (FUNDAC/BA). The objective was to examine the transition to motherhood  with a focus on pregnancy, child care and education  as well as the emotional and sexual experiences, and the impact of the institutionalization measures for motherhood. Five selected teenagers participated in the research using the criteria of motherhood under socio-educational measures of institutionalization. We interviewed two educators of measure in order to contextualize the practices and standards of CASE. And the sample is intentionally nonrandom qualitative, it is not statistically representative of the phenomenon of teenage pregnancy nor the profile of youth who commits an infraction, but informative about the circumstances of the offense, family life, sexual and reproductive health of the adolescent participants. The interview applied to the adolescents, specifically designed to achieve the objectives of the study, consists of seven topics related to school life, family, and criminal record and sexual affective, including, teenage motherhood. The interview applied to the educators included questions that highlight their perspective on the seven dimensions of the experience of young motherhood in compliance with institutionalization measures. Taken from the meanings of contrast between recurrent and unique, the data shows that the experience of motherhood in this context is specular in the face of womanhood and class, in which social exclusion is aggravated by low educational levels.
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    A afetividade como princípio orientador das famílias: dialogando monogamia e poliamor
    (Universidade Católica do Salvador, 2018-12-20) Knoblauch, Fernanda Daltro Costa; Lima, Isabel Maria Sampaio Oliveira; http://lattes.cnpq.br/9804484885693341; Campinho, Ana Karina Figueira Canguçu; Araújo, Ana Thereza Meirelles; Vargas, Hilda Ledoux; Filho, Rodolfo Mário Veiga Pamplona
    Placing affection as a central element in Brazilian Family Law means understanding the possibility of flexibilizing certain dogmas rooted in society in favor of greater freedom for individuals to exercise their autonomy to constitute a family. A study is needed that discusses the growing importance of affectivity in the Law of the Families with the still outstanding position occupied by the monogamy in the juridical order. The objective is to find possibilities of conciliation in coexistence in the same society, of monogamy and of the practice of responsible non-monogamy, through polyactivity, through the use of affectivity as guiding vector. The methodology for the development of this dissertation is qualitative in nature; In this way, the following research seeks to interpret the importance of affectivity as a constitutional principle regarding the recognition of family entities founded on the exercise of responsible non-monogamy, such as polyactivity. The research procedure applies the legal-prospective typology, exploring premises and conditions related to the subject, in order to verify the reality that permeates the option for the coexistence in poliafetividade in Brazil. When analyzing the legal status of monogamy in the Brazilian legal system after the Federal Constitution of 1988, it was concluded that it cannot be attributed to nature of principle and should be understood as a characteristic of long duration, without the condition of making legal recognition impossible of non-monogamous relations. On the other hand, when investigating the apprehension of the affectivity in Brazil, it was concluded that it has a juridical nature of implicit constitutional principle, being denominated, more specifically, of principle of objective juridical affectivity. As far as poliafetividade is concerned, it is concluded that it does not deny the existence of a monogamous dogma, majority, but that presents itself as a possibility of alternative choice, based on the exercise of the private autonomy of constituting a family; being able to state intervention in the extension of family rights, but not of restricting the possibilities of organization. The mark of Family Law must be affection and inclusion, not prejudice and regression. In times of the rise of conservatism, one cannot keep silent or escape the struggle for the rights of the least protected, and it is not acceptable that the State does not recognize the reality of families that do not conform to the monogamous standard, denying them basic family rights.
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    Aleijadus e o Timor Leste
    (Universidade Católica do Salvador, 2009-10) Lima, Isabel Maria Sampaio Oliveira; Lima, Ana Karina Menezes; Villaverde, Perla Mendoza; UCSAL, Universidade Católica do Salvador
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    Análise da complexidade do ato infracional do adolescente
    (Universidade Católica do Salvador, 2003-10) Lima, Isabel Maria Sampaio Oliveira; Alves, Vânia Sampaio; UCSAL, Universidade Católica do Salvador
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    Atuação do ministério público na dispensação de medicamentos: garantindo direito à saúde
    (Universidade Católica do Salvador, 2007-10) Sales, Ingrid Gil; Lima, Isabel Maria Sampaio Oliveira; UCSAL, Universidade Católica do Salvador
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    Bullying escolar e justiça restaurativa: a preservação de direitos a partir da troca de lentes
    (Universidade Católica do Salvador, 2019-10) Santos, Maria Elena Leal Tosta dos; Lima, Isabel Maria Sampaio Oliveira; UCSAL, Universidade Católica do Salvador
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    Conflito familiar e mediação: por uma efetiva resolução das controvérsias matizadas por contornos de alienação parental
    (Universidade Catolica de Salvador, 2016-11-18) Bomfim, Ana Paula Rocha do; Lima, Isabel Maria Sampaio Oliveira; Bastos, Ana Cecília de Sousa Bittencourt; http://lattes.cnpq.br/7406825750662792; Corrêa, José Rossini Campos do Couto; Val, Eduardo Manoel; Braga, Ana Lívia Carvalho Figueiredo; Alcântara, Miriã Alves Ramos de
    This thesis presents and analyzes the interconnection between family conflict and the Parental Alienation Syndrome, given the reach had by effective conflict resolutions that aim to define legal boundaries to the protection of children and adolescents, considering the new family models in place, thereby uncovering the nuances that are inherent to such conflicts, and pondering the recourse of mediation as a valid path. It makes use of bibliographical, documentary, case precedent and empirical data analyses by means of interviews and surveys, from a methodological perspective based on an understanding and application of Law that is in line with the normative principles of the 1988 Brazilian Constitution and other legal instruments. This work, therefore, includes the alienation debate (concepts, characteristics, themodus operandi of conflicts resulting from child and adolescent custody disputes) and the appropriate means to settle such controversies, as well as the repercussions brought by legal education to the general order of things. This research then presents its findings wherein parental alienation is a matter of concern, given the need to re-signify family conflicts due to the damage caused to those involved in an inevitably ongoing parental relationship, and the fine-tuning of family mediation practice as a way to settle disputes of this nature.
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    Criança e adolescente sob guarda de avós: proteção integral, dignidade da pessoa humana e reflexos previdenciários
    (Universidade Católica do Salvador, 2011) Santana, Nívia Cardoso Guirra; Lima, Isabel Maria Sampaio Oliveira; http://lattes.cnpq.br/
    The custody of children and adolescents by their grandparents is a complex protection instrument and social fact, a result of multiple factors such as population aging, solidarity, new family formations, and the necessity of such families to readapt due to external and internal factors, in a proper dynamic. The present scientific study aims at analyzing the Brazilian legislative positioning on the custody of children and adolescents by grandparents, and the social welfare effects on the perspective of full protection of their grandchildren. Thus, the dissertation was organized in the form of scientific articles. In the first article we sought to identify the influence of the demographic factors in the occurrence of the custody of children and adolescents by grandparents and their relation to familiar roles updating. Next, in the second article, we intended to appraise the precept of custody in its historical-normative evolution, its relation to full protection, how it develops in social-affective relationships and regarding the Judiciary. The third article aimed at discussing the social welfare protection granted to the children and adolescents under custody in the national judicial ordainment in the face of the principles established by Human Rights, in the historical and political perspective. The data verified demonstrate the representation of intergenerational families constituted of grandparents and grandchildren, in counterpoint to the aridity of the national academic production on the theme, evidencing the paradox in which the subject finds itself. The conjunction of two themes of incontestable social, welfare rights, children and adolescents’ rights relevance contributes to the importance of the study. The methodological strategy used was of qualitative nature, with interdisciplinary literature revision, legislative and jurisprudential revision, analysis of demographic data from the Brazilian Geometry and Statistics Institute (IBGE) and documental analysis of 25 (twenty-five) custody processes in progress in the Family, Children and Youth Courts in Bahia State. The results indicate that the custody requests carried out by grandparents are still quantitatively important in the researched universe, configuring an instrument of protection and guarantee of the human rights of children and adolescents deprived of a daily relationship with their parents, and reaffirming the maintainer role of family and communitarian links. In view of the data collected and the ample theoretical material analyzed, we observe that the restriction of children and adolescents’ welfare rights constitutes an element dissonant to the thinking of social justice and absolute child-youth priority, hovering with an expressive shadow of unconstitutionality and hurting the principle of the human being’s dignity.
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    Crianças com síndrome de Down e suas famílias: direito à educação
    (Universidade Católica do Salvador, 2018-09-28) Oliveira, Andréa Paula dos Reis Santos; Oliveira, Andréa Paula dos Reis Santos; Lima, Isabel Maria Sampaio Oliveira; http://lattes.cnpq.br/4133901855237809; Pereira, Silvia de Oliveira; Sá, Sumaia Midlej Pimentel; Santos, José Eduardo Ferreira; Carvalho, Rosely Cabral de
    Dissertation constructed in the form of scientific article. The present study aimed to identify and describe the main conceptions, arguments and discussions developed in the scientific researches of the 21st Century related to the schooling of children with Down Syndrome, highlighting the family and social context related to the theme. Based on the approach of the social model of disability, described by Paul Hunt (1966) and human development in a critical and contemporary perspective of Paulo Freire (2000), with interdisciplinary reflexes for revealing the theme from the foundation of national and international legislation law), the jurisdictional activity of the State and the news media as a family support for the construction of a support network between the State, family and society for the realization of the schooling of children with Down Syndrome. It was adopted a qualitative methodology, based on the interpretation of the data obtained by the literature review, with the exposition of the problematization of the theme in three distinct articles. The first article is titled "The Family and the right to education of children with Down Syndrome in the legislative perspective". With the objective of identifying the legislative framework in favor of the family to realize the right to the education of the child SD. Method: an integrative review of the literature and international and national legislation, based on the search carried out at the Brazilian Digital Library of Theses and Dissertations (BDTD) of the Brazilian Institute of Information in Science and Technology - IBICT. XXI. We chose to survey the studies published in the year 2001 to 2016. Results: 192 samples, 86 theses and 13 scientific articles were integrated into the sample. Where it was possible to identify a reflection on the need to change the cultural paradigm of society so that it contemplates human diversity and brings to the fore conceptions of respect, tolerance, acceptance, solidarity and understanding among all human beings for a life in society, proposing an articulated movement among the agents involved in the educational process, namely: school, school staff, family, political authorities and society, to support the family in the process of schooling of children with intellectual disabilities derived from Down Syndrome. The second article is entitled "The child with Down syndrome and his family: strategies for education". Aiming to analyze the construction of the family support network for the school development of children with Down Syndrome. The method carried out through a qualitative documentary research based on the survey of the empirical material of the literature review, of the national scientific production in the Banco de Periodico of the Brazilian Digital Library of Theses and Dissertations - BDTD of the Brazilian Institute of Information in Science and Technology - IBICT of the 21st Century (2001 and 2016) and Scientific Electronic Library Online articles SCIELO / FAPESP / CAPES / CNPq / BIREME / FapUNIFESP. With the results: The importance of the interdisciplinary activity with the family and the support network as an efficient strategy for the schooling of the child with Down syndrome. Constituting a way to go to the mobilization for the construction and promotion of practical solutions in favor of the schooling of the child with Down Syndrome. The third article entitled "The journalistic media and the judiciary as a family support in guaranteeing the right to education of children with Down Syndrome". The objective is to identify the possible contribution of journalistic media and State jurisdictional activity as tools for the family in guaranteeing the right to education of children with Down Syndrome. The method encompasses the review of 21st century literature, analysis of journalistic narratives and judicial decisions in order to identify how the intervention of these social actors influence the family action for the schooling of the SD child or to resolve conflicts in this course. As a result, we identify that the activity carried out by the Brazilian digital journalistic media (in a national newspaper and the State of Bahia) in the area of the right to education of the disabled person, is associated to the description of the daily life of this population and information about accessibility (physical spaces) and therapeutic treatments. Already on the jurisdictional activity of the State there is a predominance of substitutive and substitutive decisions of the state omission in the realization of fundamental rights for all (transportation, education, medical treatment). Conclusion: With the research data, it was possible to conclude that, despite the economic interests, the media plays an important role in the process of democratization of information about Down syndrome and daily life of the disability. Likewise, jurisprudence (decisions of State jurisdictional activity) also contributes to the multiplication and improvement of the actions dedicated to the protection of the rights of persons with disabilities for their life with dignity, both interventions being a familiar basis for the education of the child with Down Syndrome.
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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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    Direito à criança e ao adolescente: família e pesquisa na pós-graduação
    (Universidade Católica do Salvador, 2010-10) Dias, Rebeca Vilas Boas Costa; Lima, Isabel Maria Sampaio Oliveira; UCSAL, Universidade Católica do Salvador
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    Direito à saúde da população em situação de rua
    (Universidade Catolica de Salvador, 2014-08-26) Miranda, Fabiana Almeida; Pitta, Ana Maria Fernandes; http://lattes.cnpq.br/6774614083110510; Lima, Isabel Maria Sampaio Oliveira; Costa, Ediná Alves; Cunha Júnior, Dirley da
    This research had as object of study research analyzing the realization of the right to health of the homeless in the city of Salvador. The work was started from the characterization of the population of Salvador Municipality of homelessness and its condition against the basic human right to health. Therefore, the presented concept, the profile, the characteristics of people in the streets, highlighting its heterogeneity, circumstances and the factors that lead to homelessness. The right to health of the homeless was identified as a human right provided for in rights declarations, treaties and international law protocols, and fundamental right. It was pointed out that homelessness violates the dignity of the human person and that because of the principle of equality, there is the necessity of affirmative action to ensure access of individuals on the streets to health services. It was found that a state that does not guarantee the social rights of its citizens does not constitute Democratic rights and that even in the streets, the individual has the fundamental right to enjoy the best possible state of health and the public authorities have the obligation to implement health and social measures to achieve that goal. There was a check, too, that the concept of health encompasses the social context in which the individual is inserted, and that therefore the homeless is crucial to identify the health status of a person in this condition, but also for the formulation of health policies affirmative actions. It was found that the government can only implement appropriate health actions and appropriate to people's peculiarities in the streets, on the grounds of administrative discretion, before the fundamentality of the right to health. Some health policy actions for the people on the streets were normalized through normative administrative acts, and are in sanitary law, subject to the principles and legal framework. As the World Health Organization conceptualized health as well-being, physical, mental and social, for the realization of the right to health of the homeless, one should also promote other social rights such as food, education, social welfare, labor and identification. It was identified health inequities as systematic, relevant, unfair, unnecessary and avoidable social inequalities that affect the exercise of the right to health and to confront them, should be effective health policy action that overcome the difficulties imposed by daily life of the streets. It has been shown that with the standardization of actions and strategies to promote equity in health of the homeless was a great advance for access to health services, but it still needs a lot to be done for the realization of the right to health this population group.
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    Direito à saúde das pessoas com transtorno mental autoras de delitos: a família na perspectiva dos direitos humanos
    (Universidade Católica do Salvador, 2005-10) Correia, Ludmila Cerqueira; Lima, Isabel Maria Sampaio Oliveira; Alves, Vânia Sampaio; UCSAL, Universidade Católica do Salvador
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    Direitos humanos das pessoas com deficiência e a ratificação de um tratado internacional
    (Universidade Catôlica do Salvador, 2009-10) Senna, Caroline Silva Bezerra de Deus; Silva, Luiz Paulo Bastos da; Lima, Isabel Maria Sampaio Oliveira; UCSAL, Universidade Católica do Salvador
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    Ensino jurídico e direitos humanos: formação para um cenário complexo
    (Universidade Católica do Salvador, 2015-10) Caribé, Júlia de Barros; Lima, Isabel Maria Sampaio Oliveira; UCSAL, Universidade Católica do Salvador
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    Estudo sobre dogmática jurídica no Brasil: revisão de literatura do último quinquênio
    (Universidade Católica do Salvador, 2009-10) Oliveira, Ana Carla Farias de; Nascimento, Guadalupe Feitosa Alexandrino Ferreira do; Lima, Isabel Maria Sampaio Oliveira; Azevêdo, Bernardo Montalvão Varjão de; UCSAL, Universidade Católica do Salvador