Browsing by Author "Vaz, Marcelo Koch (Coord.)"

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    Direito à cidade: aporia ideológica do Estado em realizar a cidadania e a justiça por uma nova cidade (im)possível
    (Universidade Catolica de Salvador, 2019-09) Luz, Laíze Lantyer; Vaz, Marcelo Koch (Coord.)
    This article discuss the right to the city as an ideological way of achieving citizenship and justice. The research has multidisciplinary perspective, which involves aspects based on alterity, anthropology, urbanism and human rights. The study aims to analyze the (im)possibility of (re)building a new city based on the recognition of the common good and the dignity of the human being. The purpose is also to demonstrate the importance of the sense of belonging, through social movements of insurgency in the search of the implementation of public policies. It also aims to point out the importance of the reciprocal responsibility of the State, civil society and individuals immersed in the illusion of a society of fetishist spectacle, product of the social reproduction system of capital, which transforms everything into merchandise. For this, the methodology was based on the review of national, foreign literature, and their respective concrete social and historical cases. The study brought as a conclusive analytical result that to transform a city of walls into a city of bridges requires the development of a vision of tolerance in a diverse and plural society. It will be demonstrated that citizenship is shaped as a self-constructed right in the peripheries in the absence of the State. Parallel to the labyrinthine entanglement of this plot, the guiding thread of hope seems to be the recognition that everything is a historical process, therefore changeable, and the awakening of a new conception of the world through an emancipatory adventure makes a new possible city.
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    Direito dos refugiados: reflexões contemporâneas
    (Universidade Católica do Salvador, 2019-09-16) Santos, Lucas Fernandes dos; Vaz, Marcelo Koch (Coord.)
    The "refugee" law issue could even be considered a commonplace as a theme. Notwithstanding this reality, however, it is necessary to take on the goal to establish and emphasize the locus of legal theory regarding refugees facing a scandalous situation, from which the largest migratory contingent has been achieved since the great wars of the 20th century. Therefore, from the methodological point of view, it is necessary not only to bring some statistical elements about refugees in the world, but also to rigorously establish this theme from a semantic perspective, studying the difference between "refuge" and "asylum" through bibliographical or empirical digressions, from which diverse conclusions result from the thesis that "political asylum" is equivalent to "refuge", as well as to situate the problem under other philosophical aspects beyond its location in international human rights law.
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    Família e a proteção jurídica à criança com o transtorno do espectro autista: o lugar da alteridade
    (Universidade Catolica de Salvador, 2019-09-16) Rodrigues, Érica Santana Barros de Oliveira Nery; Vaz, Marcelo Koch (Coord.)
    The concern with the effect of the rights to protect the child with the diagnosis of autism spectrum disorder is the subject of a growing debate between jurists, scholars, doctors, psychol ogists and other members of the interdisciplinary team. With the advent of law n° 12.764, of 27 December 2012, a national policy for the protection of the rights of the person with autism was instituted. The initiative enabled this child population to inte grate two international conventions, the Convention on the Rights of the Child and the Convention on Human Rights of the disabled person.This article aims to discuss the relationship between alterity, the right of families and the legal protection of the c hild with the diagnosis of autism spectrum disorder. For this reason, a qualitative approach was adopted, through a revision of literature and legislative, using as a theoretical landmark the thought of Habermas, Hans Jonas, Solomon, Lévinas and Goffman. C onsidering the need to defend and recognize the rights of children with autism justified this work. It is concluded that otherness dialogues with the defense and recognition of the rights of children who live with autistic spectrum disorder and family law.
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    Supremacia judicial e diálogos institucionais na Ordem Constitucional Brasileira
    (Universidade Católica do Salvador, 2019-09-16) Santos, Natanael Lima; Oliveira, Jadson Correia de; Vaz, Marcelo Koch (Coord.)
    The purpose of this article is to present, critique and synthesize the nuances of theories of judicial supremacy and institutional dialogues regarding the interpretation of national constitutions, as well as to problematize its framework and foundations in the Brazilian constitutional order, especially in the 1988 Constitution, which completes 30 (thirty) years on October 05 (five). It was sought to answer the following question: which model represents greater guarantee and concretization of the more sovereign yearnings of the Brazilian citizenship expressed in the Constitution of 1988? The chosen methodology was the refined bibliographic research and exegetical and dialectical analysis of constitutional, legal and jurisprudential devices, however, related to the subject, dealing with themes at the most abstract level and in international doctrine, sometimes applying and thinking about concepts exposed to the Brazilian reality. In this endeavor, the objective is to demonstrate how the system of judicial supremacy in the constitutional hermeneutics of the mother country was inadvertently in force without any critical substance and how a dialogical system between the different institutions would represent greater and better respect for democracy and popular decisions and consensus.