Browsing by Author "Silva, Antonio 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, Antonio 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, Antonio 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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    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 Catolica de Salvador, 2014-12-01) Lino, Fabiana Neiva Almeida; Menezes, José Euclimar Xavier de; http://lattes.cnpq.br/5194408237403794; Silva, Antonio 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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    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, Antonio 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, Antonio 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, Antonio 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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    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, Antonio 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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    Mediação familiar judicial no Brasil: das perspectivas à realidade
    (Universidade Católica do Salvador, 2018-12-19) Figuiredo, Marília Mesquita de Amorim; Guimarães, Flávio Romero; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br/6538283866214716; Vasconcelos, Mônica Carvalho; Silva, Antonio Carlos da
    This paper approaches the perspective and reality of family mediation in Brazil, with the objective of analyzing its application by the Judiciary, as a mechanism to promote a judicial culture focused on social peace and transformation. It intends to show that the contemporary family context no longer contains the traditional model of conflict resolution; that access to justice by a multiport perspective must observe the nature of the litigation so that it is referred to the most appropriate procedure; that the techniques of the Code of Civil Procedure related to the subject lead to mismanagement of autocomposite forms of conflict resolution; that the application of mediation in judicial spaces as a means of reducing the number of demands is not sufficient for social pacification; and the importance of re-evaluating legal education for the transformation of the adversarial culture into a consensual one. It was found that mediation is an effective possibility of social transformation and paradigm change of the litigation, provided it is not a mere stage of the judicial process, in line with its principles and used in addition to the agreement of interests; it is recommended for family conflicts, due to transformative potential through dialogue; it must be stimulated, together with the other forms of self-composition, in the courses of law from the study of conflict as a positive and opportunity for maturity, where families must also be worked as a psychoaffective and not just legal space. The methodological procedures were based on an exploratory study based on the analysis of Brazilian legislation, curricula, data from Law Bar exams, and the collection of national and comparative bibliographies.
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    Mulheres e cárcere: reflexões sobre o conjunto penal feminino em Salvador-Bahia
    (Universidade Catolica de Salvador, 2015-10-21) Viana, Noemi Negrão; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br/6538283866214716; Silva, Antonio Carlos da; Castilhos, Daniela Serra
    Inside the line of the search on Family and Society, this dissertation is about the complex bond between women and prison. The intention is to investigate public policies for Human Rights and, by extension, for the fundamental and social rights to promote better living conditions and living-together conditions for the prisoners and their children. The increase of the female population in prison up discussions on gender issues, vulnerabilities and ethics. One can notice the androcentric structure of prisons created for and thought by men. The confinement of those idealized by society as being docile and meek causes a dilemma, since their idealized role of taking care of the household chores rests unfulfilled. Most of them lose touch with family members and friends because of geographical distance and prejudice. Another major challenge for the Brazilian prison system is the increasing number of pregnant women in prison. Prisons are not prepared for the pregnancy and the staying of the baby while breast-feeding. The lack of protection by the State brings up the paradox of the principle of universality, guaranteed to "everyone", when in fact only those who own capital and actively participate in the global market are assisted. To find out what the impacts of institutional gender violence caused in imprisoned women, there was a case study in Conjunto Penal Feminino, located in Salvador, Bahia. The methodological approach used was the qualitative one, which provided a better understanding of the facts and social processes detected through semi structured interviews with twelve female inmates. There was a review of classic and contemporary references such as: Aristotle, Badinter, Beccaria, Bobbio, Chodorow, Harvey, Kurz, Perrot, Plato, Reale and others. The material collected in the field, which use had been previously authorized by the prison institution and consented to by the group of participants, was confronted with the current legislation and the critical theory. Partial results show that: as the moment of separation will certainly occur because of the imprisonment, the State becomes fully responsible for the children, in addition to keeping affection and sustaining family ties. It requires recognition of the reproductive rights, of the right to maternity and the (re)construction of family ties in order to (re)integrate them into society.
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    Ser mãe em condição de reclusão e criação de vínculos: um estudo de caso sobre maternagem e direitos humanos no Conjunto Penal Feminino em Salvador-BA
    (Universidade Catolica de Salvador, 2018-02-23) Ramos, Priscilla Araújo da Silva; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br/6538283866214716; Prado, Alessandra Rapassi Mascarenhas; Silva, Antonio Carlos da
    Since the 1990s, the number of women incarcerated worldwide has increased, especially at reproductive age. This brings us to a closer look at sexual and reproductive rights, with emphasis on maternity and mothering in this period of deprivation of liberty. Based on the scenario of the Female criminal set of the complex penitentiary Lemos Brito in Salvador - BA. The purpose of this work is to analyze the possibilities and obstacles that exist in childcare in the prison environment and how this environment can influence the development of babies. The temporal cut occurs in the present time, taking into account the years 2016 and 2017 and the condition of prisoners in fulfillment of sentence. It is used the dialogue between authors of Psychoanalysis, Philosophy, Sociology and Law, such as Aries, Badinter, Freud, Foucault, Salla and Winnicott, in order to understand the internal logic of the prison system, as well as the inefficiency of the State in exercising social control over prison daily life, violations of human rights, overlapping violences and mothering’ faces and creating links in this environment. It is assumed that maternity is not restricted to a biological event, where the baby needs are more than just one breast to develop and to constitute itself as a unit. Moreover, we must also integrate a context situation in the prison environment, the mothering can/ can not integrate actions with socializing potential and life project. In this sense, the referents of Psychoanalysis are taken through the theories of Freud and Winnicott. Through a comparative study of epistemic nature, the central idea is to manage tools for understanding the place / function played by the family in the constitution of the subject. As a result, there is an urgent need to interweave public agendas, policies and comprehensive protection of children and women - only deprived of their freedom - throughout rights and integral social promotion, access to citizenship and protecting maternal and child bonds.
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    Trabalhadoras domésticas e o Estado Brasileiro: o racismo institucional, a teoria do reconhecimento e os direitos trabalhistas - a luta do SINDOMÉSTICO-BA no período 2010-2016
    (Universidade Católica do Salvador, 2016-12-12) Silva, João Victor Marques da; Castro, Mary Garcia; http://lattes.cnpq.br/5471996580293552; Silva, Antonio Carlos da; Silva, Jair Batista
    The current research has as its main axis the analysis of how the fight for the female domestic workers’ recognition, in the field of labor law, showcases the institutional racism of the Brazilian State through an incomplete inclusion. To do so, at first we discussed the historical development of domestic labor in the country, from the fundamentals of the Brazilian society, confluence of race, class and gender in its formation; and from the consolidated theoretical debate, aiming to notice its current state of social exclusion. Then, we focused on the constitution of the work relations in Brazil and the role that the State assumed towards the insertion of the country in the capitalist system and for the formation of free labor as a wide and concrete reality. The goal was to understand how the theme of citizenship comes up in the Brazilian society as well as its effects for the working class and, more precisely, for the female domestic workers. Thus, the theories of recognition, from Charles Taylor, Axel Honneth and Nancy Fraser emerge as a consistent theoretical framework to understand, on the one hand, how the historical iniquities that strike the dynamics of domestic labor relations are structured. On the other hand, they help us understand how to face their dilemmas for the symbolic and material deconstruction of such reality. Those theories articulate socioeconomic iniquities and cultural values that reproduce and legitimize the recognition that is denied for the female domestic workers – which is the reason why the debate about institutional racism is necessary. Lastly, we connected the changes in the sociojuridical insertion of the female domestic workers with their agenda of union representation, aiming to show how such agenda moves through the binomial redistribution-recognition. The incomplete inclusion of those workers is a construction whose regulatory framework lies in the Brazilian State.
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    Trajetórias de pessoas usuárias de drogas: narrativas, contextos relacionais e (re) significações em Comunidades Terapêuticas
    (Universidade Católica do Salvador, 2018-02-05) Gimba, Marcelo de Freitas; Dias, Maria Isabel Correia; Cavalcanti, Vanessa Ribeiro Simon; http://lattes.cnpq.br/6538283866214716; Vargas, Hilda Ledoux; Santos, Simone Ganem; Petrini, Giancarlo; Silva, Antonio Carlos da
    Inserted in the research line Family in the Social Sciences, this doctoral research deals with narratives of trajectories of people using drugs institutionalized in Therapeutic Communities in Brazil and Portugal. The historical-geographical cut is shaded by the years 2014 to 2017, with residents in the State of Bahia-BR and in the city of Porto-PT. It was observed, through a qualitative approach based on in-depth interviews, that vulnerabilities can be aggravated by drug use, interfering significantly in family, social and life projects. This put, this doctoral thesis aims to describe and analyze the history of life referring to a group of people who consumed crack and other drugs until joining Therapeutic Communities (CTs). It was elaborated through a bibliographical review and field research in five Therapeutic Communities. The interviews were: three professionals from the Government of the State of Bahia from the areas of Human Rights and drugs, six professionals from the Therapeutic Communities (Social Assistants, Psychologists, and Monitor (a)) and eleven people interned among the five Therapeutic Communities. Grounded Theory (Data Based Theory) was used as research methodology and three types of interviews were used as a collection tool: one for the professionals of the State of Bahia; one for the professionals of the Therapeutic Communities and another for the interns. Specifically constructed for this research, with scope to analyze: the beginning of use of psychoactive substances, process of access and acquisition of drugs, violence suffered and practiced, public policies on drugs developed in Brazil and experiences in Therapeutic Communities and relational contexts . The main results reveal that: the beginning of the use of psychoactive substances is influenced by groups of friends / people of intimacy, arousing curiosity; that the greatest violence (physical and psychological) and practices of crimes occur in the search for psychoactive substances; people are more susceptible to sexually transmitted infections (STIs / AIDS) because their bodies have become a "bargaining chip" and neglect security measures (eg, use of condoms); women are subject to unwanted or unplanned pregnancies; the need for adequacy of public policies on drugs and the Therapeutic Communities. In spite of the criticisms, they are important equipment, for the Governments (Brazil and Portugal) like policies of facing the dependence of the drugs.