Browsing by Author "Silva, Antônio Carlos da"

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    O acesso à educação das pessoas com deficiência (PCD’s): pelo marco histórico e legal dos direitos humanos
    (Universidade Católica do Salvador, 2020-10) Oliveira, Matheus Martins de; Silva, Antônio Carlos da; UCSAL, Universidade Católica do Salvador
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    Adolescentes institucionalizados(as) em situação de exclusão na cidade de Salvador: uma investigação social e étnica sob o prisma dos direitos humanos
    (Universidade Católica do Salvador, 2016-10-20) Santana, Gilton Carlos da Silva; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br/6538283866214716; Dias, Maria Isabel Correia; Rocha, Sheila Marta Carregosa; Silva, Antônio Carlos da
    The purpose of this dissertation is to analyze the situation of children (people aged between 12 to 17 years old) institutionalized in the city of Salvador - Bahia. The intention was to combine ethnic and regional bias focusing on collecting data to show the reality of this socially vulnerable population. The idea of this study was to analyze the local reality using epistemological reflections marked by critical theory and laws of Human Rights. Considering the specific objectives, the following goals were established: Proceed a survey data collection based on official statistics establishing possible categories of color-ethnicity, race and age group above mentioned; Point theoretically the possible connection between the public policy and Human Rights; identify the existing network for assistance, protection and support for these public according to the principle of full protection (ECA,1990); and analyze the specialized legislation host for this age group in the city of Salvador. It was established as timeframe the period between 2013 and 2016, where was applied the qualitative methods to examine the interviews showing the representations of the public power (with consent and guarantee of confidentiality and secrecy). Also were conducted statistics analysis of technical reports collected from the Public Ministry of Bahia, National Council of Justice and the Court of the State of Bahia database as secondary sources. The results shows that even though it was possible to identify a significant increase in volume of Institutional Foster Care Service (51.79%), there is no homogeneous distribution throughout the national territory. In the same timeframe was possible to verify an increase of 19,53% in the total number of vulnerable people demanding institutional help. From 2013 to 2016 46 new units were created in Bahia, despite the growth of 48.30% of protective measures in addition to this situation in the specific research area 324 people were detected which represents 0.70% of the national statistics (45.893).In conclusion this study revealed that variables as health problems and physical vulnerabilities are the most relevant ones in the process of institutionalization.
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    Análise do impacto dos programas de incentivos fiscais na geração de empregos na indústria e na renúncia de receita do Estado da Bahia no período de 1999 a 2021
    (Universidade Católica do Salvador, 2022-01-12) Pacheco, Hogla de Alencar; Portella, André Alves; https://lattes.cnpq.br; Borges, Ângela Maria Carvalho; https://lattes.cnpq.br; Silva, Antônio Carlos da; https://lattes.cnpq.br; Brito, Edvaldo Pereira de; https://lattes.cnpq.br; Hirsch, Fábio Periandro de Almeida; https://lattes.cnpq.br
    The present work aims to study the employment creation in industries on State of Bahia as a result of investment attraction programs that granted tax and/or financial incentives in the field of ICMS, from 1999 to 2021. The State of Bahia used these incentives to attract new industries and expand or modernize existing ones, demanding in return employment creation, according to the financial investment and the size of the industrial project that the company would undertake. The ICMS tax and financial benefits were granted within the environment of the so-called fiscal war, where the States and the Federal District, in their eagerness to expand and/or modernize their economies, started to grant them in dissonance with the constitutional provisions. The granting of such benefits by subnational entities is only justified if they are to stimulate regional growth and the creation of employment and income. Since the 50s, the establishment of industries within the State of Bahia territory has always occurred mainly as a result of the entry of capital from outside the State. From the 90s onwards, when the Union stopped promoting the development of the poorest regions in Brazil, the States and the Federal District started to use fiscal and financial incentives to attract investments and, thus, promote their own development. In light of this situation, one can see the importance of studying the increase in employment creation in the industry and the revenue waiver in State of Bahia as a result of tax incentives provided for in state investment attraction programs, as well as the State Government's role in monitoring and verifying the jobs generated, as it was the counterpart required from the benefited industries that came here or expanded their industrial plants.
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    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) Félix, Germana Pinheiro de Almeida; Silva, Antônio Carlos da; http://lattes.cnpq.br/2735855153608701; Castro, Mary Garcia; Rocha, Sheila Marta Carregosa
    This 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.
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    A aporia do perdão: memória, avanços e retrocesso na realidade brasileira.
    (Universidade Catolica de Salvador, 2016-07-04) Santos, Leila Rocha Medrado; Silva, Antônio Carlos da; http://lattes.cnpq.br/2735855153608701; Silva, Maria Manuela Magalhães; Campina, Ana Cláudia; Rocha, Sheila Marta Carregosa
    This paper follows the “state, society and social policies” research line within the Interdisciplinary Graduate Program in Social Policy and Citizenship, and it is a contribution to the critique of the Brazilian civil-military dictatorship (1964/1985) and the movements arising from it, its consequences in the social policies development in the construction of the historical memory of individuals - with respect to the socio-metabolic mutation of historical subjects into goods predicates - and the possibility of forgiveness beyond the Amnesty Law (Law No. 6.683/79). This is because it is clear that this transition period in the organization of political power has not yet been overcome and understood in its entirety, even after more than 50 years of the authoritarian regime outbreak in Brazil, considering the recent antagonistic judgments handed down by the Supreme Court and the Inter-American Court of Human Rights. To encompass the key proposition in the thoughts of Hannah Arendt - that opposes power and violence, revealing the banality of evil - and the ideas of Walter Benjamin - with emphasis on theories that underlie “the concept of history”, therefore, the dialectical relationship between time and space - our intention is to elucidate the perverse logic that has trapped us in a constant present. The goal is to achieve the primary of all knowledge, that is, the understanding of this period through historical research (primary and secondary sources) and seizure of the key categories of / to conceptual analysis of the dictatorship, forgiveness and memory in reference to the three fronts: the first one deals with the culture of impunity and oblivion still engendered under the aegis of the authoritarian regime (1964-1985) and based on the amnesty law as an obstacle to criminal prosecution; the second seeks to understand the (im)possibility of generalization of forgiveness and domination without a subject; and, finally, this work will be treated from the danger of building a memory based on narratives, experiences, the playback of testimonies and files without all these going through the test of reason and public debate. Therefore, we will make use of the inductive and dialectical approach methods, which will be developed in an interdisciplinary way, since the theme interface wealth so requires. The methodology is guided by qualitative connections from historiographical review, i.e. the use of written records of historical subjects and interviews with women who have lived and narrated their experiences. They were defined from the applied content analysis through narratives and texts made by women activists who lived through the dictatorship period - key categories and numerical evaluation of the occurrence frequency of certain terms, expressions, buildings and categorized references. Senses, meanings and memories, their lines overflow time and space and provide the ability to understand the country history through individual and collective memories.
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    Crise no movimento sindical ou a aporia do capital? Uma análise das reivindicações do Sindicato da Construção Civil na Bahia
    (Universidade Catolica de Salvador, 2015-12-03) Santos, Sara Regina Conceição; Silva, Antônio Carlos da; http://buscatextual.cnpq.br/buscatextual/busca.do; Cavalcanti, Vanessa Ribeiro Simon; Ortega, Edwin Casadiego; Goés, Odilon Jorge Daltro de
    This dissertation is a critical proposition that aims to analyze the current crisis of the labor movement and the capital's claim process, using SINTRACOM - the Construction Union located in Bahia - as allegory. This is because the struggle between capital and labor suffers from the disruption of the ideological foundations of its historical existence marked by the pursuit of the working class for change and adaptation to the socio-economic system established with the metabolic goal of achieving better living conditions. The former environment in which the revolutionary spirit led to an atmosphere focused on the need for proletarian organization to tackling issues related to labor exploitation and the profit concentration suffers from the current drain of the debate. Thus, the legitimacy of the Brazilian trade union movement will be evaluated from Vargas to the Constitution of 1988. Howevwe, the flags of struggle on behalf of more jobs, better wages, reduced working hours without wage cuts, will be unfurled under the guidance of Critical Theory on the agenda of the main demands of the unions at the expense of the historical goal of social emancipation.
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    Desenvolvimento territorial em conflito: um estudo sobre a implantação do Estaleiro Enseada Indústria Naval na perspectiva do direito ambiental
    (Universidade Católica do Salvador, 2019-04-26) Ferreira, Ícaro Argolo; Ivo, Anete Brito Leal; http://lattes.cnpq.br/9638917902863360; Prost, Catherine; Kraychete Sobrinho, Gabriel; Souza, Cláudio André de; Cunha, Joaci de Souza; Silva, Antônio Carlos da
    This thesis analyzed the asymmetric relationships between two national and local projects in the construction and implementation of the Enseada Naval Industry Shipyard project in the Paraguaçu Basin, state of Bahia, observing these changes from the perspective of the right to development of the local population over the territory of the enterprise. It considers the conflicting dimension of diversified interests between state and business public agents and local actors on the territory's destiny. To this end, it is based on the process of constitution of the public decision on the enterprise, and, in this line, analyzes the strategies used by the various agents, especially government agencies such as the Union and the Government of the State of Bahia and the a consortium made up of contractors such as Odebrecht, OAS, UTC and Kawasaki, which jointly achieved approval and installation of the project, an event that integrates a national development recovery project based on the 2007 Growth Acceleration Plan (PAC) , and the resumption of the naval industry. From the methodological point of view, the study starts from the notion of "event", proposed by Milton Santos (1996), by which it is possible to articulate the dimensions of time and space, understanding that the installation of the Naval Shipyard Shipyard constitutes a disruptive episode, which reorganizes local and national actors in relation to the territory, and changes the living conditions of the communities living in the region. Articulated to this dimension, the study will seek to recompose the dynamics of transformation in its different instances based on the actors' actions and the implementation of institutional rules and norms that delimit the action and make up the arena of conflict between actors, defines the process of making decisions, advances, resources and impacts that have occurred throughout the process. The disruption of the project due to the national institutional crisis brought with it the destruction of the pillars of projected change by the local community and strongly impacted on the rights of actors involved in the installation of the site, both local and national, as an instrument of the national development policy. In this sense, based on the process of local change, the study could reach the reasons that led to the political and economic crisis and how it is concretely effective in the removal of citizens' rights to local economic, political and social life.
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    Direitos humanos e dominação: a ONU no espelho
    (Universidade Católica do Salvador, 2019-12-17) Carvalho, Érica Rios de; Silva, Antônio Carlos da; http://lattes.cnpq.br; Arruda, Murilo Souza; http://lattes.cnpq.br/; Souza, Cláudio André de; http://lattes.cnpq.br/; Silva, Julie Sarah Lourau Alves da; http://lattes.cnpq.br/; Ivo, Anete Brito Leal; http://lattes.cnpq.br/
    The thesis presented is that there is a disparity between the speeches about peoples' equality and self-determination and the praxis of the international relations through United Nations (UN), especially in its Security Council (SC). The central question for this research was if UN speeches about human rights, mainly regarding peoples’ equality and self-determination, align with its effective actions, especially focusing on its SC. After analyzing the research’s results, it was verified that the system of international relations and human rights stands for a continuous past-present of a bourgeois liberal system of fetishism and exploitation. Such order is proposed as civilizatory and universal and is today reproduced acritically, notwithstanding the permanence of power iniquities inside UN itself. Through methodological triangulation of literature review, documents analysis and content analysis, the research aimed to investigate the fitting between UN speeches about international law and human rights, especially regarding equality among peoples/nations, and its real actions. Specifically, along the chapters, this thesis analyzed the speeches built around international law, human rights and equality among peoples considering the civilizational process, colonial/post-colonial/decolonial and imperialism theories. Then, the work attempted to understand the articulation between universality and equality speeches in this area. Finally, it discussed the performance of that organization when it comes to international law, human rights and the effectiveness of international relations' horizontality, respect to peoples’ equality and self-determination. From concepts such as domination, iniquity and coloniality, reality was confronted with the historical axis of human rights: liberty, equality and fraternity. The content analysis of SC's documents, such as protocols, minutes and vetoes, allowed the elucidation of the power relations that perpetuate in new names and shapes, but without big differences when compared to the practices of colonialism and imperialism of past centuries. The continuous past-present that had been foreseen as hypothesis for this work was thus confirmed through the methodological triangulation that was adopted. The conclusion is that the civilizatory progress, under bourgeois liberal command cannot, for its own nature, reach its self-proclaimed ideals (over which the whole thing has been built), or at least not for everyone in the planet. The idea of universalization is then innocent, utopic or, in the worst case, a mere decoy to sustain a system that is intrinsically unfair. In it, only a few humans have effective human rights. The strongest international institution (UN) is not able to change such an order, once it has been structured inside and from this very order and has, in its own body, iniquities among its members. As long as this structuring inequality holds strong, one cannot expect UN to have a revolutionary role in history.
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    Efeitos da medida socioeducativa sobre adolescentes em conflito com a lei no contexto da Coordenação de Apoio à Família e ao Egresso na Cidade de Salvador - Bahia
    (Universidade Católica do Salvador, 2014-12-01) Lino, Fabiana Neiva Almeida; Menezes, José Euclimar Xavier de; http://lattes.cnpq.br/5194408237403794; Silva, Antônio Carlos da; Robichez, Juliette Marie Marguerite
    The present dissertation derives from the research in the area named “Effects of socialeducational measures in teenagers with law conflicts in the context of Family support Coordination and to the Egress in the city of Salvador-Bahia”. It has as target to perform a diagnostic of social-legal perspectives to the egress of internment as a social-educational measure, as well as to verify the role of their relatives in social and professional insertion of these teenagers and young people. In the effort to establish a comprehensive reference status of the problem, this paper performs meticulous analysis of international overview of rights and obligations of children and teenagers, resulting in systematic of integral protection. In its implementation, it makes use of internment of teenagers as a social-educational measure records through documental analysis, which sample is collected from the files of Family and Egress Support Coordination in the city of Salvador-Bahia (CAFE-SSA/BA). It was established as target a debate with the teenager in conflict with the law in juridical ambit, discussing how these teenagers direct their lives from family and social-educational measures contexts. The study is based in the principle of integral protection and in garantistic system, seeking to demonstrate the importance of the infraction act author teenager significance face internment as a social-educational measure, especially the egress submitted to this measure. Thereunto, a brief historic of the creation of Child and Teenager Statute was composed, on the rights and obligations attributed to these individuals, under the light of the Federal Constitution and the CTS. The qualitative nature method was adopted, besides literature review with specific theme research, proceeding to legislative documents research and analysis, collect of national stricto sensu academic production on the teenager in conflict with the law between the years of 2010 and 2013, through access to Superior Level Personal Improvement Coordination Theses Database (CAPES), selection of articles from available databases. The result is that although the principle rights that guide the Child and Teenager Statute highlight the importance of family environment, the implementation of public politics in childhood area, and legislative advances in the country are not still visible in academic production area. The teenager in conflict with the law theme is presented in scientific material much more in multidisciplinary character, being a theses and dissertations production in Psychology way more superior than in Law Study. In a second approach, the first analyses of the research named ”Context of Family support Coordination and the Egress in the city of Salvador-Bahia”, that has as target to debate the question of the perspectives to the egress of internment as a measure and their family. Therefore, it was established as target a debate on the teenager in conflict with the law in juridical ambit, discussing how these teenagers direct their lives from family context and under inflexion of social-educational measures. The qualitative nature of documental investigative analysis method was adopted, associated with literature review, and taking the year 2010 as a legal mark of twenty years of existence of the Child and Teenager Statute. The egresses submitted to measures prompt-books were randomly chosen. Face all the analyzed contexts to answer the question that guide this dissertation, it is possible to conclude that it is necessary to accelerate the implementation and improvement of politics that contemplate the egress teenager.
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    Emancipação sustentável ou obsolescência das catadoras no Programa Lixo Zero?
    (Universidade Católica do Salvador, 2020-03-24) Luz, Laíze Lantyer; Silva, Antônio Carlos da; http://lattes.cnpq.br/2735855153608701; Silva, Julie Sarah Lourau Alves da; Guimarães, Flávio Romero
    Built in accordance with the research line “State, Development and Social Inequalities" of the Graduate Program in Social Policies and Citizenship at the Catholic University of Salvador (PPGPSC / UCSAL), this dissertation is a contribution to the criticism of a society that seeks to achieve the Zero Waste goal. The general objective is to analyze the contradictions of the Zero Waste movement in promoting the right to the citizenship of female waste pickers; and as specific objectives to demonstrate the idiosyncrasies of Brazilian environmental legislation in relation to binomial development/growth. The methodology, in addition to a suitable bibliographic review, will be based on the normative debate and, supported by the Theory of Value, assist in the process of understanding the inclusion (even if relative) of the female collectors in the social capital production system and, therefore, their non-recognition as modern subjects of Law. In this context, with a qualitative nature, through semi-structured interviews, the intention is to manifest the voices of these subjects, their purposes and what are the power relations in force in the Zero Waste program. The research has an interdisciplinary perspective, which involves socioenvironmental aspects based on the Social Sciences and Humanities - all under the aegis of the tripod education, citizenship and human rights. In this way, it proposes the creation of a truly inclusive and effective law that, in this investigation, will have as a frame the photographic exhibition “Female Wealth Pickers: (in)visible heroines”, a device of / for raising awareness and environmental education of society through art. The dissertation was submitted to the Ethics Committee (CEP / UCSAL), under number CAAE 15227319.5.0000.5628 (2019) and consists of an interview script (applied / selected) for the representative investigation.
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    O enquadramento previdenciário do índio no Brasil: análise da sua qualidade de segurado numa perspectiva crítica à luz da cidadania social
    (Universidade Catolica de Salvador, 2015-10-23) Silva, Antônio Pedro Ferreira da; Portella, André Alves; http://lattes.cnpq.br/1782631349656661; Silva, Antônio Carlos da; Ribeiro, Tereza Cristina
    Having social citizenship as background, this research promoted a critical analysis of the legal and social security relationship between the State and indigenous peoples in order to see how the insured status of such peoples are presented by the General Regime for Social Security. After determining the field of analysis, the object of the study suggested the need for a qualitative approach to carry out the research. The methods employed for analyzing the phenomenon included literature review and document analysis. The study revealed that due to other pressing agendas related to the indigenous peoples, social security issues have been neglected not only by the State, but also by the concerned ones. On the other hand, the importance of social security was acknowledged as it is through such means that the State maintains citizens affiliated to the system in some contingencies of life. As a social policy, social security reaches the families of the insured ones. From this perspective, the present research was divided into three parts. Firstly, a historical overview of the relationship between the State and the indigenous peoples was outlined (from the colonial period up to the 1988 Constitution), having books and public documents as theoretical support. Secondly, the General Regime for Social Security was analyzed without disregarding its contextualization linked to the crisis of the State and to the Welfare State. Such analysis was carried out by using specific books on social security and on the crisis of the State. Thirdly, and also by researching via public documents and administrative acts, the insured status of the indigenous peoples was analyzed in order to find out whether it needs to be adapted by the administrative viewpoint. In the final considerations, the research hypothesis was confirmed by disclosing that the adjustment of indigenous peoples into the General Regime for Social Security is inadequate.
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    Estado & discursos: a laicidade e abordagens nos discursos do Brasil contemporâneo
    (Universidade Católica do Salvador, 2019-11-06) Lima, Filipe Mateus de Jesus; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br; Campos, Pollyanna Rezende; http://lattes.cnpq.br; Silva, Antônio Carlos da; http://lattes.cnpq.br; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br
    The changes in the public and private spheres in the contemporary world have been intense, especially since the Federal Constitution of 1988 for the Brazilian context. Among the individual and collective dimensions, the families were taken in their multiplicity and discourses, advancing in polemic and political agendas, in addition to being used as a framework of non-laicity. The objective of this work is to analyze the representations about the family-religion-state categories through the political discourses given and openly divulged by the two Brazilian legislative houses (Senate and Chamber) that take place and indicate conservatism and break of principles. It is also based on the Critical Theory, with emphasis on the concepts of fetishization (Kurz) and spectacularization (Debord) and delimiting the qualitative methodology and discourse analysis as resources. In a comparative approach, identifying and evaluating discourses both in the process of creating the Family Statute and in the process of impeachment of President Dilma Rousseff are part of the objectives of this investigation, listing by party affiliation, private (Statute) and public (impeachment) processes, taking a sample of about ten per cent of the total representative of the two instances.
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    A família no cárcere: uma contribuição à crítica do método de cumprimento de pena criminal na APAC de Itaúna (MG)
    (Universidade Catolica de Salvador, 2014-05-19) Guerra, Rodrigo Ribeiro; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br/6538283866214716; Estevão, Carlos Alberto Vilar; Silva, Antônio Carlos da; Petrini, Giancarlo
    Insertedwithintheresearchlineof Family in the Social Sciences, thepresentdissertationfocusesontheBrazilian system offulfilmentofsentences, whichdeprivethe individual offreedom. In a contextofalarmingnumbersandenormousviolations, thepenaltyisseen as a promoter oftheloosening, ifnottherupture, oftheinmate’sfamilyties. The investigationaimstodevelopthenotionoftherelationbetweenfamilyandhumandignity, andfurthermore observe howthenormsandpublicpolicyrelatedtoincarcerationconsiderthe social subjectofthefamily. Byfield research, it analyzes a model of sentence serving in which the preservation of family ties is one of the fundaments for the acheivement of the objective of the inmate’s (re)integration to the community. It is a qualitative research outlined by the case study of the system of the Association for the Protection and Assistance to the Condemned – APAC, int he city of Itaúna, in the countryside of Minas Gerais state, in the male prison. The theoretical approach used is the Tridimensional Law Theory and the axiological aspect of the Sacredness of the Peron. As for the Family approach and the family public policy, Singly (2000; 2007) and Donati’s (2008) are the theoretical fundaments in the analysis of norms and policies directed to the criminal justice system. The conclusion reached at the end of the investigation is that there is no way of reintegrating someone not yet integrated to the society as a human being, considering Human Rights are not for all human beings, or expecting that once deprived of their family ties the inmates have any structures left to prevent them from returning to the cycle of violence/incarceration.
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    Famílias, gêneros e narrativas literárias: identidades e contextos nas obras de Rachel de Queiroz e José Lins do Rêgo
    (Universidade Católica do Salvador, 2020-03-30) Novaes, Lucas Ribeiro; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br/; Paulo, Maria de Assunção Lima de; http://lattes.cnpq.br/; Silva, Antônio Carlos da; http://lattes.cnpq.br/
    The issues involving the debate around gender and family, traditionaly addressed under an extremely categorical bias, have always left gaps for multiple interpretations and context correlations. To think about the values and rules which act at the expense of subject's freedom, controlling bodies and ways of expressing subjectivity, can provide not only a better understanding on the simbolical/ideological conflict between the family and gender diversity, but, above all, generate new practical approach propositions fos the conflicts which are inherent to those concepts. Breaking the etnographic pragmatism that almost always conducts the surveys on family and gender in the university, we propose the utilization of two classics of brazillian literature, published in the firs half of the last century, as analysis instrument of the conflicts which destabilize these notions. "O quinze", published by Raquel de Queiroz in 1930 and "Menino de engenho", published by José Lins do Rego in 1932, are works included in a very meaningful period of brazillian history, a period of great social transformations, a lot of it due to the beginning of the industrialization process and the afirmation of democracy. Therefore, this dissertation work seeks to formulate an analytical reflection about our socialization processes, understanding the institutional atuation as a cohesion and coercion element in behavior, implying in the control of personal subjectivities referencing the bureaucratic statements of the patrimonialism and the patriarchy. We understand that ficcional literature offers the possibility to analyse the gender conflicts and family notions, considering all the complexity in vogue in this relation, under a perspective that not only differs from the etnographical survey, but adds a series of intersections and mmovements beyond the technical rulings of the academy. In a last sense, we desire to present, trough literary contribution, the development of the historical conflicts that pervade the gender and family concepts in the brazillian society, aiming to forge a new sociological research perspective, from the referential provided by
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    Gênero (in)visível: a mulher transexual e a privação de liberdade
    (Universidade Católica do Salvador, 2019-09-28) Silva, Annuska de Araújo Gomes da; Silva, Antônio Carlos da; http://lattes.cnpq.br/; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br/; Silva, Julie Sarah Lourau Alves da; http://lattes.cnpq.br/; Rocha, Sheila Marta Carregosa; http://lattes.cnpq.br/
    This dissertation investigates the relationship between the criminal justice system and the gender / sexuality markers in order to understand the treatment (attention, reception and host) provided by the Brazilian State to transsexual women in prison. For this study were based on the human rights paradigm, the constitutional charter, the precepts established in international treaties that have Brazil as a member and the observation of the discourses / practices of formal and informal social control agencies that act on the trans women's bodies in a situation of legal and social vulnerability. From the theoretical point of view, this work is aligned with studies of gender and sexuality, through a macropolitical support, whose repertoire focuses on the control and docilization of bodies by the State, developing through an analysis of the power structures. , the cultural and social aspects, legal-institutional paradigms and the patriarchy-capitalism intersection. The central question of this paper is based on the following question: “How are transsexual women viewed and treated by the Brazilian criminal justice system, since gender performance does not find practical resonance in this country's legal paradigm?”. Based on this starting question, and based on Joint Resolution No. 01 of 15 April 2014 (which establishes the parameters for the reception of LGBT in deprivation of liberty), the period from 2014 to 2017 is signed as a time frame for observation. . In this sense, through historical research (primary and secondary sources) and apprehension of key categories of / for conceptual analysis of sex / gender, sexualities and culture, situating transsexuality according to historical, sociological and legal aspects; It is intended to understand the legislations related to the problem of transsexual women allocated in the Bahian penal system. For this, the dialectical-critical approach methods will be used . The qualitative analysis, which will be developed interdisciplinarily, since the richness of the interface of the subject demands it. Methodologically, in the foreground, it was necessary to work on contemporary perspectives on gender, sexuality and human rights. It was used a dialectical confrontation between not only legal, but also sociological and philosophical theories that are part of this wide range of political-social phenomena that dialogue with the scope of research. Subsequently, an empirical analysis (interviews) related to the research problem was conducted together with a documentary legal and political evaluation concerning the struggles of the LGBTQ + s movements.
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    Heresia à clínica: um ensaio sobre a crise das classificações psiquiátricas
    (Universidade Católica do Salvador, 2019-09-27) Barbosa, Milena Rocha Nadier; Pitta, Ana Maria Fernandes; http://lattes.cnpq.br/; Coutinho, Denise Maria Barreto; http://lattes.cnpq.br/; Silva, Antônio Carlos da; http://lattes.cnpq.br/
    In 2013, the publication of the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders, DSM-5, triggered a crisis on psychiatric classifications. At the academic field, and on social and class movements, the quantitative increase in the DSM classification categories, throughout its editions, was cited as a tendency towards pathologization, as opposed to the ethical clinic of psychoanalyses, psychology or enlightened psychiatry. However, some scholars of this field have pointed out similarities between this instrument and the procedure of the clinic in general, an element that suggested the need of a broader analysis. On this research, I proposed to extend the critic and analyze the role of contemporary clinic as a strategy that could contribute to the medicalization of life and therefore to biopolitics. Taking the essay as a form, I sought to understand the structure of the main critics towards the DSM, to revise the notion of contemporary clinic from its birth in the 18th century, and to compare the clinical function, strategies and impacts to the ones regarding the DSM. The findings revealed that the clinic could only be borne at this period on history, when materialization and ontologization of the disease were made possible by a discursive blow of applying taxonomy to the classification of pathologies. On the other hand, the guarantee of its permanence through the years resided on the its capacity to function as a political instrument that enables the creation and support of the institution: health. A role that was played through spectacularization of suffering promoted on patient presentations and praxis pedagogy, which consolidated its semblance of guardian of the diagnostic truth by the classification capable of replication and prediction. An image that enabled a reconfiguration of its field to areas beyond the hospitals. On the assumption of knowing about the truth of health and disease, and the normal and the abnormal, the clinic could function as the foundation upon which the medicalization of existence was organized in the face of epidemics and the need for creation and accumulation of workforce on capitalism. At the end of the research, I observed the confirmation of a certain adequacy on the usage of term “clinic” to adjective these psychiatric manuals. I then concluded that the post-DSM-5 crisis is rather a crisis of the clinic itself, on this same contemporary clinic that was organized as an auxiliary strategy to the medicalization of life and, consequently, to biopolitics. I also point out that part of the power related to this instrument is granted by the affinity between how the clinic and the capitalist system operates in the current context. Finally, on the one hand, I end up recognizing the medical value of an universal clinic, and on the other, I point out the importance of an ethically oriented position that allows some practitioners who are conscious of their act, if they so wish, to able to separate themselves from this practice so that they can, in fact, guide their doing inside out the current politics, that by the inside out the biopolitics.
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    Os jovens operários da advocacia: um estudo sobre a precarização do trabalho nos escritórios de contencioso de massa
    (Universidade Católica do Salvador, 2016-03-31) Costa Júnior, Vander Luiz Pereira; Borges, Ângela Maria Carvalho; http://lattes.cnpq.br/3901192008840816; Silva, Antônio Carlos da; Freitas, Carlos Eduardo Soares de
    The modifications in the social, political, legal and above all economic structures in the context of flexible accumulation resulted in significant changes in the lawyers’ work. The expansion of standardized mass consumption, the privatization of essential services, as well as the boom of Law Schools in Brazil, mainly in the 1990’s, marked by the advance of the neoliberal agenda, made arise a new kind of lawyering organization called mass litigation. The offices of this sector of juridical services take on a large number of lawsuits. As a rule, they are simple, of a repetitive nature, with low values and relatively modest fees, mainly because they run in the Special Courts of Consumers’ Protection. The goal of this study was to evidence the new morphology that rocked the pillars of the juridical profession in the mass litigation offices, its causes and consequences. It especially shows the indelible correlation between these kinds of organization and the precariousness of the work, that strikes mainly the young. The study takes into consideration the lawyer who is from 20 to 30 years old and who has had a license to practice law for at most 5 years. The temporal mark was from 2009 to 2014. Furthermore, it was restricted to the ones who work for offices that represent companies in the Special Courts of Consumers’ Protection of Salvador, Bahia. To acknowledge the object, the research used literature review, document analysis and semi-structured interviews of the lawyers who fit the profile. The data identified that the operational feasibility of the mass litigation depends on the automation of the productive process. It also depends on the simple and repetitive work that is ill-paid and has exhaustive work hours. This kind of bond is flexible, uncertain and outsourced. All of those are aggravated by the saturation of professionals in the job market. These phenomena lead to various dimensions of precarious labor. The adverse overview strikes mainly the young, who find in the mass litigation one of the few ways to access the job market. Thus, facing this theme was essential to surpass the smoke curtain that sees the lawyer as a liberal professional who is immune to the precariousness process. It revealed the inhospitable productive scenery of the offices of mass litigation and the intimate relation with the labor hostility that subjugates the young lawyer.
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    A judicialização das políticas públicas de saúde: interlocução entre os princípios da integralidade e isonomia
    (Universidade Católica do Salvador, 2015-10-23) Carvalho, Érica Rios de; Perreault, Michel; http://lattes.cnpq.br/8275662004644000; Silva, Antônio Carlos da; Santos, Simone Ganem Assmar; Estevão, Carlos Alberto Vilar
    The research analyzed the phenomenon of the judicialization of social public policies under the principles of integrality and isonomy. This phenomenon is growing in Brazil, especially since the Constitution of 1988, which guaranteed fundamental rights to be densified through public policies enforced by the Judiciary, Executive and Legislative and also by the civil society, as a mark of the attempt to deploy the Welfare State. In this context, the Judiciary is in charge of guarding the Constitution and the citizens against the trespassings of the State (by action or default). The right to health, as a social right, is guaranteed in the article 1986 of the Constitution. Through the rights to access the Judiciary and to petition, more and more people sue the State in order to obtain access to the health system. On account of the principle of the inevitability of the jurisdiction, millions of sentences are ruling that the State shall provide certain things in individual cases. However, treating the right to health as an individual right is not consistent with its nature. The judge lacks much technical knowledge to decide over anything the State provides through SUS, or at least to decide in a socially responsible way. When he rules that the State must provide certain treatment in an individual case, the judge is interfering in the organization and general logistics of SUS, in the previously allocated budget to health (proposed by the Executive and approved by the Legislative – both composed by elected representatives who have democractic legitimacy, something the judges do not have) and in the order of treatment of the citizens who already stand in line (even though they are equal among themselves, according to the Constitution). Besides, data proves that the simple raise in investments in healthcare policies does not improve significantly the general health conditions of the people. Therefore, it seems irresponsible that the State reserves most of its resources to healthcare when, in truth, the economic development of the country as a whole improves more significantly the individual health. This paper attempted to understand the judicialization of the right to health in Brazil, the nature and impact of the judicial rulings to the civil society and to the State. By comparative institutional analysis, the study probed which is the better suited institution to deal with such claims. This was done through systematic literature review. In addition to it, the collective suit was discussed, as an option to decide more efficiently and isonomically than through individual suits, since the collective one was born exactly to deal with social rights. Ultimately, this paper discussed who is better suited to make the hard choices, ethically, about how to allocate the always insufficient resources to provide all the fundamental rights. All the while considering the human dignity, who must decide and how must such decisions be made about the distribution of the scarce resources among all of them?
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    A Justiça do Trabalho no contexto neoliberal do governo Temer
    (Universidade Católica do Salvador, 2019-03-22) Soares, André Márcio Neves; Borges, Ângela Maria Carvalho; http://lattes.cnpq.br/3901192008840816; Oliveira, Murilo Carvalho Sampaio; Silva, Antônio Carlos da
    This dissertation seeks to analyze, in the light of history, the attacks of the main neoliberal forces in Brazil against the Justice of the Work and the legislation of protection to the worker, consubstanciados in a labor legislation constantly modified during the last two decades, arriving at the apex last year , in 2017, with the Labor Reform promoted by the Temer Government. In other words, it is trying to understand why Capital has been so voracious in dismantling the labor legal framework and Labor Justice, especially since the period of neoliberal redemocratization of the 1990s, leading to the current onslaught of the Temer Government. In fact, this aggressive movement that aims to extinguish, or at least reduce to the extreme, the whole apparatus of protection to the worker, especially the Labor Court, was built more than 70 years ago, can not be understood as a new fact. What is new is the intensity of the attacks by market forces in the post-parliamentary coup in 2016, but which has been underway since the re-election of the president-elect in 2014, which has led to an increase in the worker's demands of Capital in recent years. In this way, the main objective of the research is to update, to the best possible understanding, the phenomenon of the de-characterization of the Labor Justice in the protection of the weaker side of this struggle, the worker. To that end, it was intended to obtain sufficient bibliography to justify such an argument, from specific books, through relevant articles in the main class associations of the legal environment, among other available scientific works, such as theses and dissertations in this regard.
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    Juventudes negras LGBTQI+ no Brasil: violências e (in)visibilidade estatística e social da letalidade e a urgência de abordagem interseccional
    (Universidade Católica do Salvador, 2020-06-03) Reis, Adiel Péricles Conceição; Campos, Pollyanna Rezende; http://lattes.cnpq.br/; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br/; Silva, Antônio Carlos da; http://lattes.cnpq.br/
    Identities and otherness have been a paradoxical field that occupies spheres and dimensions of human rights. When the delimitation is about diversity and identity connections, the paths, agendas, policies and debates gain new contours and expressions in Present Time (last fifty years). The aim of this article is to highlight the overlapping violence against LGBTQI+ black youth in Brazil, in view of the (in)statistical and social visibility of lethality with urgency of using a critical approach and from multiple categories. The intersectional view, coined by the African-American intellectual Kimberley Crenshaw (1991), reverberated by Carla Akotirene (2018), evidences an "interconnected system of oppression", in which the relational difference between individuals interferes with the violence they suffer. The manifestations have territories, color/ethnicity, age group, gender identity and defined sexual orientation. Among the high rates of violence, and the early and systematic death of young black people LGBTQI+ is a latent reality that has grown in Brazil in recent decades. LGBTQI+ young women are violated by individual and collective rights, present in the Universal Declaration of Human Rights (1948), and in the Federal Constitution (1988), even though they are the member state country and signatory to all plans, conventions and treaties. This configures paradoxical and self-evident areas (Hunt, 2009) of Human Rights, composing international guidelines and actions composing with greater prominence the current aspects. Such vulnerabilities, conceptualized by bioethical branches, through the teachings of Maria do Céu Patrão Neves (2006), and Florência Luna (2008), demonstrate how the recognition of the common right to every person to maintain their perspectives, make their choices and decide to act are based on their personal values and beliefs. Continuous act, embodied in theories listed by Silvio Almeida (2018), specifically regarding Social Theory, emphasizing that a contemporary society cannot be understood without the concepts of ethnicity/race and racism. Moving on to understand the mechanisms for recognizing the civil rights of blacks, from the perspective of Ângela Davis (2003) and the duality of racism and sexism in Brazilian culture, according to the teachings of Lélia González (1980), resulting in a dehumanization based on an ethnic-racial criterion, endorsed by LGBTfobia, which gives the State the power to decide who lives and who dies, based on the teachings about the necropolitics of Achille Mbembe (2016). Such methodological approaches occupy the qualitative sphere, namely, use of journals, articles and books referring to and data from the Map of Violence (IPEA) – specific maps of violence for youth and women between 2015 and 2019.