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1
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EIKO DANIELI VIEIRA ARAKI
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Volunteer work and the resocialization of people deprived of their liberty in the Brazilian prison system: The experience of APAC in Ji-Paraná.
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Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
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MEMBRES DE LA BANQUE :
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FERNANDO DANNER
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IVANIA PROSENEWICZ
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PATRICIA MARA CABRAL DE VASCONCELLOS
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Data: 8 janv. 2024
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Afficher le Résumé
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This study presents an investigation into the transformative role of volunteer work in the Brazilian prison system, with a focus on the Association for the Protection and Assistance of Convicts (APAC), particularly in the unit of Ji-Paraná/Rondonia. The research compares the humanized model of APACs with the conventional prison system. The central objective is to examine whether the social action promoted by these volunteers yields positive results for the resocialization and social reintegration of individuals deprived of liberty. In the face of the predominantly punitive nature of the traditional prison system and its remote purpose of resocialization. In contrast, APACs employ an approach centered on humanization and intensive volunteer work, which demonstrates superior effectiveness in reducing criminal recidivism and improving the execution of criminal sentences. The research discusses the concept and principles of volunteer work and its significance in the prison context. It also explores the possibility and benefits of incorporating volunteer work into the traditional prison system, considering the complexities and security challenges involved. Furthermore, the study highlights the role of society in resocialization, emphasizing the lack of research on the impact of volunteers in APACs. The approach adopted is qualitative-quantitative, starting with a comprehensive literature review to theoretically ground the study. Special emphasis is placed on the role of volunteer work, evaluating its effectiveness and impact on the social reinsertion of prisoners and the improvement of penal execution. The methodology also includes a case study at the APAC in Ji-Paraná/RO, with data collection carried out through a questionnaire applied to volunteers, seeking to understand their perceptions about of the effectiveness of their actions. The results indicate that incorporating volunteer work into the traditional prison system can bring significant benefits for the resocialization of convicts. Additionally, the study underscores the need to expand humanizing practices in penal execution, emphasizing the transformative role of volunteer work and the importance of civic participation in reformulating the prison system, aligned with human rights and the promotion of a more just and peaceful society and a more efficient prison system.
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2
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EDUARDO GUIMARAES BORGES
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ACTIVITY OF THE PUBLIC DEFENSE OFFICE AS GUARDIAN OF THE VULNERABLE IN POSSESSION DEMANDS IN THE STATE OF RONDÔNIA
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Leader : THAIS BERNARDES MAGANHINI
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MEMBRES DE LA BANQUE :
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ADRIANA VIEIRA DA COSTA
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APARECIDA LUZIA ALZIRA ZUIN
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THAIS BERNARDES MAGANHINI
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Data: 12 mars 2024
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Afficher le Résumé
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The present paper discuss the role of the Public Defender's Office in safeguarding the interests of vulnerable individuals in possession disputes in the state of Rondônia. It begins from the premise that true access to justice necessitates the establishment of mechanisms designed to ensure procedural equality and the realisation of the subjective rights of those who are part of vulnerable groups. The research is justified by the unequivocal need to secure access to justice for economically disadvantaged individuals. The main goal of this research perpasses beyond merely discussing and analysing the Public Defender's Office's actions on behalf of vulnerable groups in collective possession actions - it seeks, above all, to propose a tool that serves as an educational resource and aids in overcoming obstacles to justice access for occupants. Consequently, the research methodology adopts both qualitative and quantitative approaches, employing procedures of term description, classification, literature review, and the analysis of data from legal cases. A literature review provides insights into access to justice and the renewal waves proposed by Mauro Cappelletti and Bryant Garth. Issues of land conflict and possession protection are examined through the lens of both sociological and legal perspectives pertaining to urban and rural land disputes. A conceptual description of possession and ownership is formulated, along with a study on the contemporary model of judicial protection of possession established by the 2015 Code of Civil Procedure. The role of the Public Defender's Office as a catalyst for Access to Justice is debated, outlining the legal microsystem of the Defender's Office, which sanctions institutional actions in several capacities, whether as a litigant, assistant, substitute, or intervenor in legal proceedings. The efforts of the Rondônia State Public Defender's Office in collective possession claims are scrutinised through an examination of court cases involving active participation from the Rondônia State Public Defender's Office's Human Rights and Collective Defence Centre (NUDHC) between May and August 2023. The findings suggest that the Public Defender's Office's involvement in possession claims has facilitated a more balanced equality of arms in defending the interests of the economically disadvantaged populace, thereby enabling the rights of Access to Justice and to a fair trial, of which they might otherwise be unaware. The inhabitants of collective occupations generally represent a demographic beset by vulnerabilities linked to both resource deprivation and historically denied fundamental rights. They possess limited knowledge regarding land disputes, access to justice, the adversarial system, and the operations of the Public Defender's Office designed to actualise fundamental rights and promote human rights. Information deficiency is among the several barriers that need dismantling. To mitigate or eliminate this barrier, we advocate for the creation of an Information Booklet intended to expand the legal knowledge of occupants of collective dwelling spaces regarding legal aspects of possession disputes and to disseminate information about the role of the Public Defender's Office in advocating for the vulnerable.
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3
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YNHANÁ LEAL DA SILVA TOREZANI
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Institutional Responses to the Judicialization of Health in Brazil
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Leader : OSMAR SIENA
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MEMBRES DE LA BANQUE :
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OSMAR SIENA
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CAROLINA YUKARI VELUDO WATANABE
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Vinicius de Assis
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Data: 20 mars 2024
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Afficher le Résumé
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The growing demand in the search for the realization of health rights has generated the phenomenon of the health judicialization, in such peculiarities that challenge the justice system and public management. In pursuit of a greater understanding about the right to health and the creation of de-judicializing coping alternatives, the actors involved in the health judicialization are building new paths shaped by the mechanism of institutional dialogue between institutions and the alternative method of conflict resolution through self-composition. This work aimeds to describe an overview of institucional responses to the health judicialization developed in Brazil. Therefore, the study focused on presenting the main strategies that have been developed to adress health judicialization in the country, with a including existing mechanisms in the State Court of Justice of Rondônia. The research had a descriptive nature, with a qualitative main approach. In the first phase the content analysis technique applied for the interpretation of systematic review data. Searches for scientific literature were carried out in the CAPES Periodicals and Google Scholar databases, resulting in the Corpus of 43 selected scientific titles. As a result, strategies to combat judicialization were identified that explored the dynamics of dialogue and interinstitutional cooperation to achieve greater effectiveness, such as the Conciliation/Mediation Chambers, the Intermunicipal Health Councils, the Technical Support Centers, the Mediated SUS Program. The second phase of the research involved the subministration of questionnaires regarding the utilization and operation of the Technical Support Centers Judiciary of Rondônia (NatJus-RO) and self-composition methods. The questionnaire was made available to the offices of the 24 (twenty-four) Districts of the State and received feedback from 20 advisors, who discussed the use and applicability of NatJus-RO. From the analysis of the responses, it was observed that the expansion and dissemination of forms of use and functionalities of NatJus-RO can generate greater access to the tool, expanding the effects of institutional responses to combat the judicialization of health in the Court of Justice of Rondônia.
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4
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DÉBORA HONORATO DE SOUZA ALVES
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N/C
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Leader : MARCIO SECCO
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MEMBRES DE LA BANQUE :
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APARECIDA LUZIA ALZIRA ZUIN
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MARCIO SECCO
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Waldir Ferreira de Abreu
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Data: 15 avr. 2024
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Afficher le Résumé
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N/C
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5
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JORGE ROMCY AUAD FILHO
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N/C
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Leader : MARCIO SECCO
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MEMBRES DE LA BANQUE :
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MARCIO SECCO
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APARECIDA LUZIA ALZIRA ZUIN
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MICHELLE KAREN SANTOS
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Data: 24 avr. 2024
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Afficher le Résumé
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This research consists of the study of the application of the restorative paradigm in the execution of non-prosecution agreements, aiming at their institutionalization in the Public Prosecutor's Office of the State of Rondônia, initially in the criminal prosecutor's offices of the district of Porto Velho/RO, aimed at meeting the real interests of those directly and indirectly involved in the criminal conflict. It addresses the failure of the exclusivity of the retributive paradigm as a response to the criminological phenomenon, the movement of consensus in the resolution of criminal conflicts and the emergence in our legislation of the non-prosecution agreement – ANPP, with its growing use in the scope of the Public Prosecutor's Office. It analyzes the standardization of non-prosecution agreements, which enabled the empowerment of the parties involved in the criminal conflict (victim, perpetrator of the fact and community), encouraging the use of the restorative paradigm as a form of dialogued and effective solution of crimes and their consequences, allowing the real participants of the criminal case to point out the best way to solve it, meeting your real desires, desires and interests. It is observed that the application of restorative paradigm in non-prosecution agreements has still been timid and the result of isolated actions. As in the Rondonian parquet, in the other ministerial state units there is also no systematization for the adoption of restorative methods specifically in non-prosecution agreements. As a product of the research, a normative framework is presented for the institutionalization of the adoption of restorative paradigm specifically in non-prosecution agreements in the criminal prosecutor's offices of Porto Velho, through a draft resolution of the Public Prosecutor's Office of the State of Rondônia, draft project entitled ANPP DIALOGADO, restorative procedure flow and draft of interinstitutional cooperation agreement, with interdisciplinary bias. The research adopted as methodological matrices the qualitative approach, of applied nature, with an eminently exploratory objective. We used a request for information through a questionnaire and request to public agencies, as well as bibliographic and documentary research, with data analysis in a contextualized and comparative way.
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6
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MUHAMMAD HIJAZI ZAGLOUT
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THE RESPONSE CAPACITY OF THE JUDICIAL POWER OF RONDÔNIA TO SYSTEMIC VIOLATIONS OF A RELIGIOUS NATURE
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Leader : RODOLFO DE FREITAS JACARANDA
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MEMBRES DE LA BANQUE :
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RODOLFO DE FREITAS JACARANDA
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DELSON FERNANDO BARCELLOS XAVIER
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DOUGLAS APARECIDO BUENO
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Data: 29 avr. 2024
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Afficher le Résumé
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This dissertation proposes to briefly discuss how social relations do not evolve with the same speed and precision as technological and commercial advances. Based on this presupposed finding, the problem raised in this context is how recognition is routinely denied to individuals and religious groups, generating oppression, social injustice and intolerance, violating human dignity. Therefore, in order to establish a legitimate and healthy identity, individuals fight for recognition, whose achievements must be consolidated, with no setbacks allowed. In order to demonstrate the possibility of coexistence of the most varied beliefs, using the theoretical-bibliographical exploration methodology, it presents the concepts of recognition (Honneth, 2003) and antifragility (Taleb, 2019), to defend the propagation of knowledge regarding of these religions as a means to combat religious intolerance and promote plurality and multiculturalism.
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7
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PEDRO SILLAS CARVALHO
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The “New look” project carried out at the Jonas Ferreti resocialization center in the District of Buritis-RO and its contribution to the resocialization of those being re-educated
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Leader : RODOLFO DE FREITAS JACARANDA
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MEMBRES DE LA BANQUE :
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DELSON FERNANDO BARCELLOS XAVIER
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DOUGLAS APARECIDO BUENO
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RODOLFO DE FREITAS JACARANDA
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Data: 3 mai 2024
Ata de defesa assinada:
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Afficher le Résumé
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The present work focuses on the reintegration of inmates into the penal system, with emphasis on the Projeto Novo Olhar, developed by the Centro de Ressocialização Jonas Ferreti, in the City and Judicial District of Buritis. Regarding the research problem, we sought to answer how the aforementioned project works and what its contributions are to the reintegration of inmates who are part of the program. To answer this question, the present research was conducted, aiming to demonstrate the functioning of the project and its impacts on the lives of incarcerated individuals and participants in this system. The nature of this research is qualiquantitative, with an emphasis on field study, as it aimed to understand an existing project that is operational in the Judicial District of Buritis-RO. Thus, bibliographic research was used to understand, firstly, the Brazilian prison system and the rehabilitative nature of the penalty considering the Penal Execution Law. Similarly, a study was made to understand the region where the project is located, observing violence rates in relation with the scope of benefits brought by the practices provided to the inmates. Likewise, an interview was conducted with the director of the prison unit in Buritis and fieldwork was carried out in some of the project's activity locations, in order to collect real data about the project's functioning in a practical dynamic. The studies conducted led to the conclusion that the Projeto Novo Olhar is a program that contributes to the rehabilitation of incarcerated individuals, as it provides them with conditions for professional and intellectual improvement, gaining new knowledge and skills useful in the job market in general, while also enhancing the sense of belonging and usefulness to the condemned, without prejudice to fair remuneration for the work duly performed. Finally, an analysis was conducted and a proposal was made to create a Bill so that prisons in the state of Rondônia establish similar forms of rehabilitation according to their reality.
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8
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EDUARDA RODRIGUES ROSA
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Custody hearings in pandemic period: a analysis of the normative conduct of Rondoniense Judiciary
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Leader : RODOLFO DE FREITAS JACARANDA
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MEMBRES DE LA BANQUE :
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DELSON FERNANDO BARCELLOS XAVIER
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DOUGLAS APARECIDO BUENO
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RODOLFO DE FREITAS JACARANDA
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Data: 9 mai 2024
Ata de defesa assinada:
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Afficher le Résumé
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The present dissertation has the objective to understand the effects of the Covid-19 pandemic on the realization of presentials custody hearings, by the normative actuation of the Brazilian and Rondoniense Judiciary in relation to the institute in this period and how the Covid-19 containment measures impacted the realization of the right to custody hearing of prisoners. To alcance the objective, the research was developed in two stages: the elaboration of the normative mapping by the analysis of the content of the acts coming from the National Council of Justice and the State Court of Justice of Rondônia that disciplined about the custody hearings in the period from March 2020 to December 2022, and the normative evaluation of the main acts mapped in the first stage. The analysis of these instruments allows us to evaluate the successes and/or failures of the policy directed to custody hearings. In the end, it was found that two dynamics were presented with significant relevance in the period of the Covid-19 pandemic: the suspension of custody hearings with the return of the analysis of the document of prison in flagrant and their realization by videoconference.
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9
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SILVIA PRIMILA GARCIA RASKOVISCH
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Inter-American parameters applicable, within the scope of the custody hearing, to those in custody with mental disabilities, in the event of denial of liberty
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Leader : RODOLFO DE FREITAS JACARANDA
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MEMBRES DE LA BANQUE :
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DELSON FERNANDO BARCELLOS XAVIER
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DOUGLAS APARECIDO BUENO
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RODOLFO DE FREITAS JACARANDA
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Data: 28 mai 2024
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Afficher le Résumé
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The present work aims to outline the possible paths to be taken within the scope of custody hearings when dealing with a custodial person with psychological distress. To this end, the Anti-Asylum Law (Law No. 10,216, of April 6, 2001), Resolutions No. 213 (of December 15, 2015) and No. 487 (of 15 December February 2023) of the National Council of Justice (CNJ, 2015; 2023), as well as the International Covenant on Civil and Political Rights (Brazil, Decree no. 592, of July 6, 1992), the American Convention on Human Rights (Brazil, Decree No. 678, of November 6, 1992), Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Brazil, Decree No. 40, of February 15, 1991), the standards established by the Damião Ximenes Lopes Judgment (Inter-American Court of Human Rights, 2006), as well as the understanding of the Superior Courts.
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10
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LUCIANA ONDEI RODRIGUES SILVA
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Instrument for Monitoring the Conditions of Supply of Special Education Services from the Perspective of Inclusive Education as Support for Public Prosecutor's Office Action
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Leader : OSMAR SIENA
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MEMBRES DE LA BANQUE :
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MARCUS VINICIUS RIVOIRO
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OSMAR SIENA
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WALTERLINA BARBOZA BRASIL
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Data: 6 juin 2024
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Afficher le Résumé
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The right of people with disabilities, pervasive developmental disorders and high abilities/giftedness, the target audience of Special Education, to attend regular school without any conditions and to receive, preferably there, Specialized Educational Assistance (AEE) was recognized by the Constitution of 1988 and consolidated with the National Policy on Special Education from the Perspective of Inclusive Education of 2008. Despite the increase in the number of enrollments of this public in regular schools since then, the quality and equity of education offered to this public are far from that recommended by legislation. The reversal of this situation of non-conformity, of a structural nature, challenges the Public Ministry, demanding systemic, multidisciplinary and collective action from its members. The collection of reliable information about the educational services provided to this public by the education system appears to be imperative for evaluating the conditions of supply and ensuring the resoluteness of this action, but it comes up against the scarcity of instruments that serve this purpose and the problem posed for its elaboration. Therefore, the objective of this research was to build an instrument that assists Prosecutors in evaluating the conditions of provision and diagnosis of existing problems in Specialized Educational Services and other specialized services offered to students in the target audience of Special Education. The empirical aspect was developed in four stages: description of an overview of the problems identified in Special Education in the national scenario and in the state of Rondônia; the understanding of what is meant by Special Education “from the perspective of Inclusive Education”; the development and validation of the proposed questionnaires. The instrument consists of 7 questionnaires: Questionnaire 1, consisting of 344 questions, aimed at the State Secretariat for Education and the Municipal Secretariats for Education; Questionnaire 2, consisting of 43 questions, aimed at the State Council for Education and the Municipal Councils for Education; Questionnaire 3, consisting of 16 questions, aimed at the State Secretariat for Social Assistance and Development and the Municipal Secretariats for Social Assistance; Questionnaire 4, comprising 13 questions, for the Municipal Departments of Public Works and Services; Questionnaire 5, comprising 15 questions, for the State Council for the Rights of People with Disabilities and the Municipal Councils for the Rights of People with Disabilities; Questionnaire 6, comprising 307 questions, for schools; and Questionnaire 7, comprising 332 questions, also for schools. With the application of the instrument, it is expected to obtain a reliable overview of the inclusive educational policies being implemented, the target students enrolled in the regular network and the concrete conditions of the specialized services offered. The qualified intervention of the Public Prosecutor's Office is imperative to fulfill its constitutional mission of ensuring an inclusive educational system, which guarantees people with disabilities, pervasive developmental disorders and high abilities/giftedness the same opportunities afforded to their colleagues: access, stay, participate, develop and learn in a regular school.
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11
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GLENDA ALBUQUERQUE SILVA
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SELECTIVE COLLECTION: CHALLENGES AND POSSIBILITIES FOR SUSTAINABLE MANAGEMENT OF SOLID WASTE IN THE MUNICIPALITY OF CACOAL/RO
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Leader : THAIS BERNARDES MAGANHINI
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MEMBRES DE LA BANQUE :
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ADRIANA VIEIRA DA COSTA
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LAYDE LANA BORGES DA SILVA ANDRETO
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MARCIO SECCO
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THAIS BERNARDES MAGANHINI
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Data: 17 juin 2024
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Afficher le Résumé
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The present work aims, based on a diagnosis of the current functioning of solid waste collection and in accordance with the current normative framework, to propose management solutions for the effective implementation of selective collection in the Municipality of Cacoal, with the intervention of the Public Prosecutor's Office of the State of Rondônia in guaranteeing an ecologically balanced environment for present and future generations. The issue addressed is based on the serious socio-environmental problems caused by the inefficient management of urban solid waste and, consequently, on the need to adapt public policies and governance to implement an effective system of selective collection of recyclables in the Municipality of Cacoal. In this context, where the defense of the environment, constitutionally protected, is one of the principles of the economic order and it is the duty of the Public Power and the community to defend and preserve it for present and future generations, this research emerges as an opportunity to explore the practical problem and its hypotheses in order to solve the demand, assisting in the intervention of the Public Prosecutor's Office, by proposing an appropriate management process. As a general objective, it is intended to describe and analyze the deficiencies in solid waste management in the Municipality of Cacoal/RO and, based on a paradigm shift, propose a Conduct Adjustment Agreement to be signed between the Municipality of Cacoal and the Public Prosecutor's Office, with the purpose of structuring the selective collection system in the Municipality of Cacoal, establishing shared responsibility for the product life cycle, environmental education, and technical cooperation between the public and private sectors for environmentally appropriate final disposal of waste. Regarding the methodology, the research approach is mixed, the nature is applied, the study objective is descriptive and explanatory, and the procedures are predominantly bibliographical, documentary, field, and survey. In this perspective, as it is a Professional Master's Program in Human Rights and Justice Development, the proposed product aims at the implementation and operationalization of selective collection of recyclable solid waste, with defined strategies for the action of the Municipal Executive Power
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12
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JERRI FARIAS DA SILVA
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TRADUÇÃO: THE EFFECTIVENESS OF SOCIAL REINTEGRATION THROUGH WORK IN PORTO VELHO/RO: Analysis of hiring labor work of convict by the Court of Justice of the State of Rondônia
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Leader : FERNANDO DANNER
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MEMBRES DE LA BANQUE :
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DOUGLAS APARECIDO BUENO
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ESTEVAO RAFAEL FERNANDES
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FERNANDO DANNER
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Data: 25 juin 2024
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Afficher le Résumé
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This paper analyzes the reintegration and social reintegration of people serving sentences in Porto Velho, who work in the units of the Rondonian Judiciary. The use of re-educated labor in the capital of the state of Rondônia is the result of a partnership between the Rondônia State Court of Justice, the State Department of Justice (SEJUS) and the Penitentiary Fund of the Rondônia State Department of Penitentiary Administration (FUNPEN). The Rondônia State Court of Justice was a pioneer in hiring people deprived of their liberty on a monthly salary. The panorama of the prison system in Porto Velho indicates a historical framework of human rights violations, totally incompatible with one of the objectives of the Penal Execution Law no. 7.210/1984, which is the harmonious social integration of the convict. Social reintegration, as a policy for valuing the human person, can be achieved by monitoring and supporting the inmates included in the agreement under execution, which is what this work proposes. The proposed methodological approach is qualitative, with descriptive and exploratory objectives, using bibliographic and documentary procedures.
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13
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THIAGO RODRIGO RODRIGUES MAYNHONE
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"IT'S FOR YOUR OWN GOOD!" Corporal Punishment in the District of Porto Velho: Who Hits, Who is Hitted, and How the Judiciary Acts.
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Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
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MEMBRES DE LA BANQUE :
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FERNANDO DANNER
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MARIA BERENICE ALHO DA COSTA TOURINHO
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PATRICIA MARA CABRAL DE VASCONCELLOS
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Data: 15 juil. 2024
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Afficher le Résumé
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Public policies aimed at combating violence against children and adolescents have a long history and continue to be updated, however, there are no specific parameters for evaluating their effectiveness. It is worth highlighting the 'Menino Bernardo' Law, 13.010/2014, which made physical, cruel or degrading punishments against children and adolescents illegal and listed new forms of action by public authorities, with the creation of article 18-B of the Children's Statute and Teenagers. The Judiciary can be located at the center of combat and prevention actions, as it is responsible for judging cases of rights violations, however, in official statistics, it appears that there is a lack of specific data on the profile of victims or reported information on the context of the complaints and others. In light of this finding, this research aims to structure statistical data on electronic legal proceedings involving mistreatment and which dealt with allegations of physical punishment, between the years 2018 and 2022, in the district of Porto Velho, with the purpose of TJRO become a producer of evidences that supports the evaluation and construction of public policies within the needs and reality of the municipalities of Porto Velho, Candeias do Jamari and Itapuã Do Oeste . The data collected was inspired by the Ministry of Health's Interpersonal and Self-Inflicted Violence Notification Sheet. 135 cases from the Child and Youth Protection Court were researched. The results indicated that the majority of complaints that reach the judiciary are with people, victims and accused, who reside in the urban area of Porto Velho, with few cases in Candeias do Jamari and Itapuã do Oeste. It was found that there is a considerable lack of information about education, gender, ethnicity, skin color, both of the victims and those reported, and few processes had information, in text, about interventions, referrals or actions compatible with the provisions of Art. 18 -B of the ECA, highlighting just 10 cases sent to the guidance group, the Diálogos Project. As for the conclusions of the cases, more than half were archived or extinguished, either because the facts were declared atypical, because there was a lack of evidence, because there was a lack of proof of the authorship of the crime, because there was no evidence of the materiality of the crime, or because there was a statute of limitations. In general, these data indicate that there is a need to guarantee records of data on the identity of people, in a broad sense, which may be due to a change in the way the judiciary conceives the qualification of the parties. It also appears that the performance of protection bodies can be improved by establishing a service flow, which reduces the time it takes to investigate complaints, increases the quality of evidence production, in addition to defining how children and children will be protected. adolescents in whom a legal infraction was found, involving physical punishment according to the 'Menino Bernardo' law, although not serious enough to apply the penal code. It is stipulated that if there are social projects aimed at preventing physical punishment in several of the territories of the District of Porto Velho, urban and rural, there may be more referrals and interventions.
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14
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EDINALDO RODRIGUES DE OLIVEIRA
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MISSING CHILDREN AND ADOLESCENTS IN PORTO VELHO (RONDÔNIA, BRAZIL): DYNAMICS AND STATISTICS OF A SILENT AND SILENCED PHENOMENON – 2019 TO 2022.
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Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
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MEMBRES DE LA BANQUE :
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MARIA BERENICE ALHO DA COSTA TOURINHO
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PATRICIA MARA CABRAL DE VASCONCELLOS
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RODOLFO DE FREITAS JACARANDA
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Data: 17 juil. 2024
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Afficher le Résumé
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The disappearance of people continues to be a dilemma in Brazil. It is perpetuated from the perspective of the historical-political agenda that resurges from narratives of the worst moments of the Brazilian dictatorship, especially those that concern the uncertain fate of bodies of those who disappeared during military campaigns. On the other hand, forced disappearances in the democratic period, considering social and economic distortions, are the subject of continuous efforts to deconstruct public complaints. Amidst the process of political denial regarding responsibilities for disappearances, whether forced or voluntary, one of the main justifications is the absence of a clear concept in relation to what the disappearance of people actually means in legal terms, since the phenomenon is elusive. In this context, the disappearance of children and adolescents assumes important relevance, because even though there is an expressive regulatory framework in Brazil, the State is not always able to be effective in fully protecting this population, transferring responsibilities in relation to the disappearance to the family itself. The Brazilian Public Security Forum estimates that between 2019 and 2022 more than two hundred and fifty thousand people disappeared in Brazil, and of these, 30% would be children and adolescents, making it the population group that disappears most in the country. Given the lack of accurate data in relation to small and medium-sized Brazilian cities, this research is dedicated to studying the topic in a municipality in the North of Brazil: Porto Velho, capital of the State of Rondônia. The approach method will be bibliographic and documentary research with a qualitative focus, based on the main descriptors associated with disappearances and which are often overlapped with socially known factors such as intra-family, sexual and gender-based violence. In addition to this aspect, the research is also dedicated to evaluating the existing domestic and international legal framework that supports state obligations on the matter. From the first data obtained in the research, it appears that the Brazilian State does not meet the expectations of full protection for children and adolescents, especially in the case of disappearances, demonstrating the fragile network of protection for the rights of boys and girls, whether in Porto Velho or in Brazil, configuring a type of institutional violence that leads the country to become a serious violator of human rights.
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15
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ERIKA OLIVEIRA CHAQUIAN
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INTERSECTORAL PUBLIC POLICIES AND CHILD AND ADOLESCENT MENTAL HEALTH IN THE SOCIOEDUCATIONAL CONTEXT OF RONDÔNIA
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Leader : APARECIDA LUZIA ALZIRA ZUIN
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MEMBRES DE LA BANQUE :
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APARECIDA LUZIA ALZIRA ZUIN
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DELSON FERNANDO BARCELLOS XAVIER
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FERNANDO DANNER
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VALMIR FLORES PINTO
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Data: 1 août 2024
Ata de defesa assinada:
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Afficher le Résumé
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The study proposes a survey of municipal and state legislation in Porto Velho related to adolescent mental health, the identification of policies or projects aimed at this purpose, and the analysis of intersectorality among different bodies and sectors. The general objective is to understand the contribution of the lack of intersectoral public policies and adequate treatment for mental health in the inclusion of young people in the socio-educational system. It addresses the relevance of strengthening intersectoral participation instances, such as the Intersectoral Committee of the National System of Socio-Educational Assistance (SINASE) and the Intersectoral Working Group (GTI) of the National Policy for Comprehensive Health Care for Adolescents in Conflict with the Law (PNAISARI), highlighting the role of the Public Ministry of the State of Rondônia (MPRO) in the articulation and implementation of public policies aimed at the audience of the socio-educational system. The research aims to elucidate how the intersection of policies on education, culture, sports, leisure, professionalization, and health can meet the needs of this specific audience, from the perspective of comprehensive protection defined in the Statute of the Child and Adolescent (ECA). The work emphasizes the importance of the Public Ministry's resolute action, according to CNMP Recommendation nº. 54/2017, prioritizing extrajudicial solutions that guarantee socially relevant results and the effective resolution of demands. In this context, the research investigates the necessary articulation between different public policies and their intersectoral implementation to comprehensively address the mental health needs of adolescents in conflict with the law. One of the highlighted challenges is the scarcity of research and systematized data on public mental health policies for children and adolescents, especially those that intersect with socio-educational policies in an intersectoral approach. The lack of implementation of public socio-educational assistance policies, even years after the implementation of SINASE, points to the urgent need for advancements in intersectorality, with the aim of providing adequate mental health care for adolescents deprived of liberty. Adolescence is recognized as a complex phase of human development, marked by intense biological, psychological, and social changes. This period requires special attention to mental health, considering the significant impact that challenges and social pressures have on young people. Concern for mental disorders in this age group has grown, reflecting the need for public policies that effectively address these issues. This research project focuses on the absence of intersectoral public policies aimed at adolescents with mental health demands, investigating whether the lack of adequate treatment is contributing to these young people's referral to the socio-educational internment system. The expected results include the identification of gaps in existing public policies and the proposition of guidelines for the effective implementation of intersectorality, thus contributing to the improvement of mental health care for adolescents in deprivation of liberty and the prevention of their involvement with the socio-educational system.
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16
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SIRLEI FELBERG
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PERMANENT EDUCATION: TRAINING INSTRUMENT TO PROFESSIONALIZE CARE IN THE SHELTERS OF THE DISTRICT OF MACHADINHO D’OESTE/RO
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Leader : THAIS BERNARDES MAGANHINI
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MEMBRES DE LA BANQUE :
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THAIS BERNARDES MAGANHINI
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MARCIO SECCO
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MARCUS VINICIUS RIVOIRO
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ROSALINA ALVES NANTES
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Data: 1 août 2024
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Afficher le Résumé
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The shelter of children and adolescents, provided for in Law 8,069/90, is a protection measure applicable whenever their rights are threatened or violated, due to action or omission of the State or society, due to the lack, omission or abuse of parents who are responsible. Institutions that offer shelter services need to develop their activities based on the duties required by law, aiming to reduce the sheltering time to the minimum allowed. In this sense, the research focused on verifying the congruence between the responsibilities relating to the service, with the real activities carried out with those welcomed. To this end, semi-structured interviews were used, applied to 11 employees who work in the shelters of Machadinho D’Oeste and Vale do Anari, both belonging to the District of Machadinho D’Oeste/RO. The research was characterized by bibliographic and field procedures, of an applied nature, descriptive and exploratory in nature, with a predominantly qualitative approach and the analysis of the data obtained was based on Content Analysis. The theoretical foundation was based primarily on the concepts of continuing education, intersectorality as a possibility of strengthening among participants in the protection network, functioning of institutions and psychodynamics of work. From the results obtained, it was found that in practice the services provided do not meet the requirements of the legislation, which was linked to the lack of professional training for the job. In view of this, the training of employees through the implementation of the Permanent Education project in shelters (Product), appears as an action that meets the needs identified in the research, by bringing coherence between the product offered and the needs of the institutions researched, since Such non-conformities result in harm to the guarantee of rights and full protection.
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17
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SÂMARA ROHERS PENHA
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Leader : DELSON FERNANDO BARCELLOS XAVIER
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MEMBRES DE LA BANQUE :
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DELSON FERNANDO BARCELLOS XAVIER
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RODOLFO DE FREITAS JACARANDA
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ROSALINA ALVES NANTES
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Data: 29 août 2024
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The research discusses the issue of procedural costs in the Judiciary, focusing on the Court of Justice of the State of Rondonia (TJ/RO), highlighting its importance for improving the effectiveness of the procedural process. To this end, this research addresses the historical context of legal costs, both at the national level and within the state of Rondonia, including the identification of the Legal Costs Laws of each state, their respective updates and guidance instruments on the subject. The research was developed based on questions presented about legal costs by TJ/RO employees, in the years 2018 and 2019. Thus, the general objective was to identify and analyze the main doubts of TJ/RO employees with a view to understanding the Judicial Costs Law for the provision of effective and fair services to citizens. Methodologically, this is research with a qualitative and quantitative approach, a case study, as the focus is on Law 3.896/2016, which refers to regulations governing legal costs in the TJ/RO. Data collection was carried out through documentary research. The data were obtained from the National Council of Justice (CNJ), the Brazilian Institute of Geography and Statistics (IBGE), the Courts of Justice of the Federal Units, the Internal System of the TJ/RO and the report of the main doubts presented by the civil servants of the TJ/RO on legal costs. The literature review includes authors such as Akutsu and Guimaraes, (2012), Kuniochi (2013), Marcellino Junior (2018), Theodoro Junior (2023), Longo e Longo (2010), Becker (2018), Jordao (2020), CNJ (2020, 2021, 2022, 2023), among others. With this research, the results were obtained that throughout history, through political, social and economic transformations, several changes were instituted in relation to legal costs, as well as constitutional and procedural rights that guarantee access to justice to hyposufficient. However, in 51.8% (14 federated units) of the Courts of Justice, the average amount collected, in the form of legal costs and fees, per case, is higher than the per capita income. Furthermore, the lack of frequent review and updating of the Costs Law within the scope of the TJ/RO, associated with the absence of clear guidelines on legal costs, makes it difficult for civil servants to understand the matter, resulting in a less effective service provision. . In view of the analyzes carried out, it is concluded that there is a need to establish mechanisms for the periodic review of legislation relating to legal costs. In addition to creating and maintaining a practical instrument with accessible, visually attractive language, with the aim of guiding civil servants on the procedures and understandings relevant to legal costs, followed by continuous training on the subject. These measures aim to ensure the delivery of an excellent service and promote more effective and accessible judicial provision.
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18
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JOAO VALERIO SILVA NETO
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Leader : DELSON FERNANDO BARCELLOS XAVIER
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MEMBRES DE LA BANQUE :
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DELSON FERNANDO BARCELLOS XAVIER
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THAIS BERNARDES MAGANHINI
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ROGERIO MONTAI DE LIMA
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Data: 10 sept. 2024
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This dissertation investigates the judicialization of compulsory internment for drug-addicted adolescents in conflict with the law in the state of Rondônia, Brazil, focusing on the Socioeducational Assistance Center in Ji-Paraná. The study critically analyzes the effectiveness of this measure and its impact on human rights. Through a historical overview of internment practices and a review of relevant legislation, the research reveals the limitations of compulsory internment as a solitary solution for drug addiction. It highlights the crucial role of social factors, such as family dynamics, socioeconomic conditions, and access to education, in contributing to the vulnerability of adolescents to drug use. The dissertation examines the ineffectiveness of public policies in addressing the complexities of drug addiction, emphasizing the lack of investment in prevention and reintegration programs. It criticizes the criminalization of drug use, advocating for a more humane and holistic approach that prioritizes the protection and rehabilitation of adolescents. The research analyzes the application of the Anti-Manicomial Law (Law 10.216/2001) in the context of compulsory internment, highlighting the importance of individualization and human dignity in the treatment of drug addiction. It reveals the insufficient funding allocated by the state of Rondônia to mental health and social assistance programs for adolescents in conflict with the law, which contributes to the ineffectiveness of existing measures. The study concludes by proposing an integrated intervention program that aims to strengthen the network of protection for adolescents in conflict with the law, encompassing preventive actions, social assistance, and reintegration. This proposed program emphasizes the crucial role of families, communities, and the state in collaborating towards a more effective and humane system of support. By shedding light on the complexities of drug addiction, the dissertation advocates for a paradigm shift in the approach to this issue, moving beyond punitive measures and focusing on prevention, treatment, and resocialization strategies that ensure the integral protection of adolescents and promote their social reintegration.
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19
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MIRIA DO NASCIMENTO DE SOUZA
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Gender-Based Violence in Rural Brazil: An Analysis of Violence Against Women in the Amazon Region
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Leader : ESTEVAO RAFAEL FERNANDES
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MEMBRES DE LA BANQUE :
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ESTEVAO RAFAEL FERNANDES
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APARECIDA LUZIA ALZIRA ZUIN
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MARCUS VINICIUS RIVOIRO
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MARIA BERENICE ALHO DA COSTA TOURINHO
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Data: 17 sept. 2024
Ata de defesa assinada:
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Afficher le Résumé
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This master's dissertation investigates the issue of gender-based violence in the rural context, with an emphasis on the State of Rondonia, Brazil, within the scope of Human Rights. The research questions the causes of violence against women and feminized bodies in the rural context, in Deep Brazil; whether the causes of violence against women and feminized bodies are the same in different contexts; and, from this, how the Judiciary of the State of Rondonia can contribute, beyond repression, to the prevention of such violence. Using a bibliographical analytical methodology and based on a solid theoretical framework that includes Rita Laura Segato, Valeska Zanello, among others, the research addresses fundamental concepts such as the elementary structures of violence, gender, coloniality, patriarchy, masculinity, and the device of efficacy. The discussion on gender-based violence in the Amazon region also stands out, contextualizing the problem within the geographical and cultural particularities of Rondonia. Based on research into existing initiatives in this state to combat violence against women, it was noted that there are specific initiatives, mainly operating in the capital, and that it is necessary to develop consistent, coordinated, continuous and comprehensive work throughout the state, that is, including the inland counties. The proposed final product is a comprehensive educational and preventive social intervention for the entire state of Rondonia, structured in two phases: the first phase focuses on raising awareness in the local community about emerging issues related to gender violence; while the second phase aims to train public school educators to integrate gender perspectives into their teaching practices, making educational practice an instrument capable of curbing gender violence throughout the state.
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20
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EMILIA OIYE
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Transparency in the Regulation of the Unified Health System (SUS) in the State of Rondonia
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Leader : OSMAR SIENA
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MEMBRES DE LA BANQUE :
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DELSON FERNANDO BARCELLOS XAVIER
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OSMAR SIENA
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GLEIMIRIA BATISTA DA COSTA MATOS
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Data: 19 sept. 2024
Ata de defesa assinada:
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Afficher le Résumé
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With the 1988 Federal Constitution, the Unified Health System (UHS) was created, with the decentralization of services in general and the municipalization of basic care as priority guidelines. Implementing access to medium and high-complexity services has become a challenge, requiring regional cooperation mechanisms and the use of a regulatory process as a management tool to harmonize and articulate supply and demand. With the aim of linking the actions carried out in primary care to specialized care, the Regulatory Complex and its operational units were created, which organize access through clinical and regulatory protocols and are related to the continuity and integrality of the service. Considering that demand in various specialties is far higher than the installed capacity to provide the service, access to information about the queue is an important tool for controlling it and for adopting individual and collective measures for public health policy. In this sense, this research seeks to understand the formation of the waiting list for outpatient procedures for specialized consultations and medium and high-complexity exams managed by the Rondonia State Health Department, proposing, by means of a project, initiatives to improve the transparency of the public health services regulation service. The research approach is qualitative from a descriptive perspective, using documentary research as a strategy. The data was collected on SISREG III through access authorized by the State Health Department, using as references the number and seniority of entries, the extraction spreadsheet made by the State Coordination of Regulation (CREG), as well as a search of documents pertaining to extrajudicial proceedings of the 13th Public Prosecutor's Office of Rondonia, with the aim of clarifying the problems relating to the waiting list. It was noted that the Regulation Protocols are being built and that the elective queue, after remaining suspended during the Covid-19 Pandemic, continues to increase and the State Health Department is facing difficulties in providing timely assistance to users who are waiting to schedule prescribed procedures. The conclusion is that, given the large number of people on the waiting list, there is a need for the necessary protocols to be drawn up, discussed, approved and used, so that regulation can be qualified by means of technical decisions, and there is also a need for transparency to be given to this waiting list for personal and social control. In view of the findings, a draft project was drawn up to be presented to the Rondonia Public Prosecutor's Office with the purpose of carrying out activities aimed at providing transparency in the formation of the UHS waiting list and making it possible for users to access information about their requests entered the Regulation System.
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21
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ALENCAR DAS NEVES BRILHANTE
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Resolution No. 487/2023 of the National Council of Justice and its Implications for Brazil's Anti-Asylum Policy: An Analysis in Light of Human Rights
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Leader : APARECIDA LUZIA ALZIRA ZUIN
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MEMBRES DE LA BANQUE :
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APARECIDA LUZIA ALZIRA ZUIN
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DELSON FERNANDO BARCELLOS XAVIER
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THAIS BERNARDES MAGANHINI
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JOSE JULIANO CEDARO
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LARISSA ZUIM MATARESIO
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Data: 20 sept. 2024
Ata de defesa assinada:
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Afficher le Résumé
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The protection and promotion of human rights within Mental Health Policies is receiving increasing attention, especially in Brazil's Anti-Asylum Policy. Resolution No. 487, dated February 15, 2023, from the National Council of Justice, marks a significant step by proposing guidelines for the deinstitutionalization of psychiatric patients, promoting psychosocial rehabilitation and social inclusion, aligned with the principles of the 1988 Federal Constitution. This policy, based on Federal Law No. 10,216, dated April 6, 2001, aims to replace the hospital-centric model with a Psychosocial Care Network that prioritizes care in freedom and community reintegration. This study investigates the impact of Resolution No. 487/2023 on the protection of the human rights of psychiatric patients and the effectiveness of Public Mental Health Policies in Brazil, focusing on the state of Rondônia. The analysis addresses the Resolution's compliance with constitutional principles, especially the dignity of the human person and the rights of people with mental disorders. The thematic choice is justified by the need for legal mechanisms and public policies that ensure the continuous protection of the rights of people with mental disorders in conflict with the law, promoting their rehabilitation and social inclusion. The study analyzes how these responsibilities can be distributed and coordinated among the Health, Justice, Social Assistance, and Education sectors. The methodology is qualitative, applied, descriptive, and exploratory, using methods of bibliographic and documentary data collection and analysis. For the analysis of iconographic elements (photographs), the French-origin Discursive Semiotics method is used, an approach that allows a deep interpretation of visual representations, understanding how images communicate and reinforce meanings related to human rights and the Anti-Asylum Policy. The research highlights the evolution of perceptions and treatments of madness in Western society from Antiquity to modern times, discusses the case of the Colônia Hospital in Barbacena, Minas Gerais, a milestone in the history of mental health in Brazil. It also traces the development of anti-asylum policies in Brazil and analyzes the application of penal sanctions to people with mental disorders, differentiating between penalties and security measures. The evaluation of Public Mental Health Policies in Brazil in light of Human Rights identifies gaps and suggests improvements for compliance with international standards, detailing the historical development and legal milestones of Mental Health Policies in the state of Rondônia. The analysis of Resolution No. 487/2023 includes its legal and social foundations and implications for the closure of custodial and psychiatric treatment institutions, as well as its compliance with Brazilian constitutional principles. The research addresses the conflicts between medical and judicial criteria in the application of the Resolution and the impacts on public policies and access to Justice in Rondônia. Data on the number of people with mental disorders sentenced in Rondônia are analyzed, and the most common diagnoses are classified, providing a detailed view of the challenges faced. The research proposes solutions to the main challenges in accessing Justice for people with mental disorders in Rondônia, contributing to the development of more effective and humane public policies.
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22
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GUSTAVO LUIZ FERREIRA LEISMANN
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The Unemployment of Prisoners and Ex-Prisoners, Damage to the Execution of the Sentence and to the Preventive Resocializing Character of the Sentence
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Leader : OSMAR SIENA
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MEMBRES DE LA BANQUE :
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OSMAR SIENA
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SERGIO WILLIAM DOMINGUES TEIXEIRA
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THAIS BERNARDES MAGANHINI
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Data: 30 sept. 2024
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Afficher le Résumé
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The present work addresses the criminal execution system, and the system and work activity as an instrument to support the desired criminal resocialization. As a general objective, we sought to analyze the main obstacles in obtaining legal work for prisoners in the open regime and on conditional release while serving their sentence in the district of Porto Velho/RO. The specific objectives were: to identify the unemployment rate among convicts serving sentences in the open regime and conditional release in the district of Porto Velho/RO; identify the main obstacles to obtaining legal work for this group of people; identify why the private sector stops hiring people serving sentences; analyze national and local initiatives aimed specifically at the public under study and compliance with existing regulatory provisions by Public Authorities. In conceptual terms, we discuss: the concept of criminal recidivism and its intensity in Brazil; the interconnection between social exclusion, resocialization and work as an instrument; the various factors that make it difficult for inmates and ex-prisoners to obtain legal work, mainly the process of discrimination and labeling as the one with the greatest impact. As for the approach, this research is quantitative-qualitative, with data collection from questionnaires, interviews and documents. As for the objectives, this research is descriptive. As for strategies, this research is characterized as survey research, field research and documentary research. The population was made up of 3,751 prisoners and those released from the open regime and conditional release in the district of Porto Velho/RO. The random probabilistic sample included 357 people, consulted through a questionnaire. Six interviews were carried out with representatives from the public and private sectors. The documentary sources were those contained in official databases, such as statistical data from INFOPEN. Quantitative data were analyzed using descriptive statistics. Qualitative data were analyzed using the content analysis technique. In the district of Porto Velho, the prison population was predominantly male, with low education and an unemployment rate almost four times higher than that found in the general population, with a lack of technical and professional training and incentives to obtain employment. In turn, resocialization and the fight against recidivism through work was a constant found both in the public of inmates and ex-convicts, as well as in those interviewed and, to this end, the pressing need for public policies to combat prejudice and discrimination and public policies to facilitate access to legal employment, which can be achieved through a fiscal instrument that constitutes the product and intervention proposal, which will be implemented through the dissemination of this fiscal instrument through didactic, objective and accessible booklets for the population serving sentences and businesspeople in the state of Rondônia. It is proposed to prepare the booklet and disseminate it in physical form directly by employers and institutions representing commerce, as well as digitally, in a file that can be sent via instant messaging applications, as well as publication on social networks and institutional websites.
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23
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RAFAEL MENDES FEITOSA
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THE OFFERING OF THE NON-PROSECUTION AGREEMENT BEFORE THE COMPLETION OF THE POLICE INVESTIGATION
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Leader : THAIS BERNARDES MAGANHINI
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MEMBRES DE LA BANQUE :
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THAIS BERNARDES MAGANHINI
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FERNANDO DANNER
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DOUGLAS APARECIDO BUENO
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Data: 9 oct. 2024
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Afficher le Résumé
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This paper aims to present means to increase the efficiency of the Non-Prosecution Agreement (ANPP), which represents an innovation in the Brazilian legal system by introducing alternatives to traditional prosecution in criminal cases. The issue arises when methods to expedite the agreement process are not utilized, which, combined with modernization and the implementation of a new processing flowchart, would bring greater efficacy to the judiciary and effectiveness to justice. In this context, a research was conducted in the database of the Public Prosecutor's Office of Cacoal-RO during the period of the first four months from 2024, presenting the possibility of integrating justice-related institutions in a way that ensures justice effectiveness not only for the affluent but also for the underprivileged, thus satisfying all jurisdictional parties. The study also highlights the role of the Public Prosecutor's Office, specific regulations in Rondonia, and the relationship with the police investigation. It is important to note that a comparative analysis was conducted with the norms/resolutions of the Public Prosecutor's Offices in the states of Para, Maranhao, Minas Gerais, Sao Paulo, and Parana. For the research, a mixed approach was used, employing both quantitative and qualitative methods, with an applied nature, exploratory and descriptive objectives, and predominantly bibliographic, documentary, and field study procedures. As this is a Professional Master's Program, the proposed product is a Normative Guidance to be sent to the members of the state of Rondonia, aiming for the adoption of the suggested flowchart so that the speed in resolving cases can contribute to reducing the workload in police stations, satisfying jurisdictional parties, and presenting a preventive effect against new crimes.
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24
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DIVANILCE DE SOUSA ANDRADE
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TRADITIONAL COMMUNITIES VICTIMS OF VIOLENCE IN THE COUNTRYSIDE: ACCESS TO JUSTICE AND SILENCING.
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Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
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MEMBRES DE LA BANQUE :
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AFONSO MARIA DAS CHAGAS
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PATRICIA MARA CABRAL DE VASCONCELLOS
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THAIS BERNARDES MAGANHINI
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Data: 16 déc. 2024
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Afficher le Résumé
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The objective of this research is to analyze and reflect on the process of silencing communities through violence in the countryside and (in) access to justice. Considering the context of violence in the countryside experienced and evidenced throughout the territory of the State of Rondonia, we sought to understand how this process of violence in these communities unfolds or should unfold, how these leaders seek support from the “state”, how they access or access justice to resolve their processes of violence and conflicts. Thus, interviews were conducted with five (5) community leaders in the State of Rondonia, in addition to observations and bibliographic research. All interviews were conducted during the year 2023, online, through the platform (Google Meet). During the interviews, the leaders discussed the conflicts that occurred between 1999, 2012, 2021, and 2022. The results presented show that these small communities are still at the mercy of their own fate when it comes to access to justice. Some did not even know the meaning of the term access to justice, or do not know the mechanisms to access what they understand as justice. The process of silencing can be seen in the invisibility of their processes of struggle for survival, certain that many of their “problems” are fueled by experiences of extreme violence and are unknown or made invisible by the lack of state action. As a final product, I propose that a course be designed and taught with the objective of promoting/developing training/education in Human Rights, Conflict Mediation, and Awareness Raising for a group of previously selected military police officers who will work on the front lines in incidents involving conflicts in the field.
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25
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DANIELE SEVERO DA SILVA
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The Federal Public Prosecutor's Office: An Analysis of Actions on Demands from the Karipuna People of Rondonia
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Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
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MEMBRES DE LA BANQUE :
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LAYDE LANA BORGES DA SILVA ANDRETO
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PATRICIA MARA CABRAL DE VASCONCELLOS
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THAIS BERNARDES MAGANHINI
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Data: 16 déc. 2024
Ata de defesa assinada:
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Afficher le Résumé
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The main objective of this course completion work (TCC) is to examine the actions carried out with the Federal Public Prosecutor's Office of the State of Rondonia, in relation to the demands of the Karipuna Indigenous Land (TI), signaling how the referred institution acts with regard to the filed complaints, in order to verify how the institutional work is carried out and can contribute to the mitigation of the existing problems. Discussing whether the rights of the TI are being ensured, as a Fundamental Right established by the Federal Constitution, is also our intention. The text focuses on and relates access to justice by carrying out bibliographic reviews and examining 10 (ten) processes, made available by the Federal Public Prosecutor's Office (MPF). The research developed used the bibliographic methodological procedure and the qualitative method to analyze the data available in the procedural demands, through the interpretation of the data, the documents researched and the reflections that they enabled. Authors such as Adriano Karipuna (2021); Honneth (2009); Junior (2021); Sassen (2016) and Maganhini (2022) contributed to the development of the work and understanding of the problematization explored in this research. Based on the procedural studies, we identified that it is necessary to think about work methodologies that increase the intrinsic transparency of the existing demands, filed with the MPF. Analyzing the available processes led to the proposal that the presented product could reflect on the approach of the MPF Institution, in relation to its inherent work with indigenous peoples. To design this stage, we consulted the MPF website, and paid attention to the publications that revolve around traditional peoples, pointing out suggestions and/or inclusions for possible reformulations of the website, with a view to bringing the institution and indigenous peoples closer together, as well as strengthening social and territorial rights.
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26
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FERNANDA LEMOS DE MATOS
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PLAIN LANGUAGE GUIDELINES FOR THE JUDICIARY
A linguagem complexa utilizada no Poder Judiciario prejudica o acesso a justica. Aplicar Linguagem Simples nas decisoes e demais comunicacoes do Judiciario e uma medida concreta para torna-las mais claras e compreensiveis a todas as pessoas. A Linguagem Simples e uma tecnica de comunicacao e representa uma causa social pelo direito de entender. E um movimento mundial presente em varios paises e tambem no Brasil para simplificar a comunicacao do setor publico. Para aplicar a Linguagem Simples no Poder Judiciario brasileiro, e necessario conhecer a tecnica e suas diretrizes. Esta pesquisa tem o objetivo de propor diretrizes de Linguagem Simples aplicaveis aos documentos do Poder Judiciario. Para isso, foi feita uma pesquisa documental que analisou 45 materiais (atos normativos e materiais didaticos) que apresentam recomendacoes praticas de Linguagem Simples. Para sistematizar e sintetizar as diretrizes encontradas, foi feita uma analise categorial ou tematica com base no metodo de analise de conteudo de Bardin (2016). A partir dessa analise documental foi possivel compilar as diretrizes propostas para o Poder Judiciario e organiza-las em um metodo. Esses resultados foram utilizados para a elaboracao de produtos criados como auxilio a implementacao da Linguagem Simples no Tribunal de Justica do Estado de Rondonia.
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Leader : CAROLINA YUKARI VELUDO WATANABE
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MEMBRES DE LA BANQUE :
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CAROLINA YUKARI VELUDO WATANABE
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OSMAR SIENA
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INES MOREIRA DA COSTA
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Data: 17 déc. 2024
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Afficher le Résumé
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The complex language used in the Judiciary hinders access to justice. Applying Plain Language to decisions and other communications from the Judiciary is a concrete measure to make them clearer and more understandable to everyone. Plain Language is a communication technique and represents a social cause for the right to understand. It is a global movement present in several countries and also in Brazil to simplify public sector communication. To apply Plain Language in the Brazilian Judiciary, it is necessary to know the technique and its guidelines. This research aims to propose Plain Language guidelines applicable to Judiciary documents. To this end, documentary research was carried out that analyzed 45 materials (normative acts and teaching materials) that present practical recommendations for Simple Language. To systematize and synthesize the guidelines found, a categorical or thematic analysis was carried out based on Bardin's content analysis method (Bardin, 2016). From this documentary analysis it was possible to compile the proposed guidelines for the Judiciary and organize them into a method. These results were used to prepare products created to aid the implementation of Plain Language in the Court of Justice of the State of Rondonia.
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27
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JULIANO HEBER DOMINGUES
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RIGHT TO ACCESS TO INFORMATION AND THE USE OF THE COSTING SYSTEM IN IMPROVING TRANSPARENCY PORTAL OF THE PUBLIC PROSECUTION OFFICE OF THE STATE OF RONDONIA
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Leader : MARCUS VINICIUS RIVOIRO
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MEMBRES DE LA BANQUE :
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MARCUS VINICIUS RIVOIRO
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BRUNO VALVERDE CHAHAIRA
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JOEL BOMBARDELLI
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Data: 17 déc. 2024
Ata de defesa assinada:
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Afficher le Résumé
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The work addresses the right to access to information and the importance of public transparency in the Public Ministry of the State of Rondonia (MPRO), focusing on the use of a cost system to improve the Transparency Portal, as access to information is a right fundamental that strengthens public responsibility and social control, contributing to the fight against corruption and efficiency in public administration. Furthermore, the text also discusses the challenges of implementing cost systems in the public sector and presents a proposal for an expense disclosure panel in the MPRO, with the aim of improving the clarity and accessibility of financial information.
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28
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VANESSA REGINA PEREIRA RAMOS
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Leader : RICARDO GILSON DA COSTA SILVA
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MEMBRES DE LA BANQUE :
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DELSON FERNANDO BARCELLOS XAVIER
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MARCO ANTONIO DOMINGUES TEIXEIRA
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RICARDO GILSON DA COSTA SILVA
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VIVIANE VIDAL DA SILVA
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Data: 18 déc. 2024
Ata de defesa assinada:
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29
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CLAUDIA GONÇALVES GALINARI
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HUMANIZATION OF ACCESS TO JUSTICE IN THE JUDICIARY OF THE STATE OF RONDONIA IN THE DIGITAL AGE
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Leader : CAROLINA YUKARI VELUDO WATANABE
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MEMBRES DE LA BANQUE :
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CAROLINA YUKARI VELUDO WATANABE
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THAIS BERNARDES MAGANHINI
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CLARIDES HENRICH DE BARBA
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Data: 18 déc. 2024
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The research addresses the humanization of services provided by the Court of Justice of the State of Rondonia (TJRO), which is essential to address the challenges of digital exclusion and bureaucratic communication, especially in the context of increasing digitalization driven by the COVID-19 pandemic. The problem investigated is how to reconcile digital practices with humanized and inclusive services, promoting equitable access to justice. To this end, this research aimed to evaluate perceptions about the quality of services provided by the TJRO, focusing on humanization, identifying gaps in the services offered, proposing improvement strategies, and understanding critical dimensions that impact user satisfaction. The methodology adopted was quantitative and qualitative, carried out through a questionnaire. The research was conducted at the Court of Justice of the State of Rondonia, in Porto Velho, RO, with data collection carried out both in person at the General Court of the Capital and the Court of Justice Headquarters Building, and online through the Instagram and WhatsApp platforms, during August 2024. The data collection covered a variety of participants, including lawyers, prosecutors, defenders, procedural parties, and other users of the system, ensuring representativeness in evaluating the services provided by the TJRO. Questionnaires based on the SERVQual method were applied to measure dimensions such as reliability, empathy, and efficiency. The sample included 146 respondents. Interviews with managers, unit visits, and participant observation reports also complemented the analysis. As for the main results, despite general satisfaction, challenges persist, such as digital exclusion and the need to train employees. Tools such as the Electronic Judicial Process (PJE) and Virtual Counter brought progress, but transparency and accessibility still require improvements. Finally, the product developed from this research is a Project entitled “Humanization of Access to Justice with a Focus on Excellence in Service by the Judiciary of the State of Rondonia”, which has a strategic action plan for improvements in judicial services with a focus on humanization, including training and technological adaptations. This project will be forwarded to the Court of Justice of Rondonia for development.
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30
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ALESSANDRO COSTA DE SOUZA
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CONSTRUCTION OF TECHNOLOGY (SOFTWARE) FOR OPTIMIZATION OF VIRTUAL VISIT SCHEDULING WITHIN THE FEDERAL PENITENTIARY SYSTEM
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Leader : CAROLINA YUKARI VELUDO WATANABE
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MEMBRES DE LA BANQUE :
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CAROLINA YUKARI VELUDO WATANABE
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APARECIDA LUZIA ALZIRA ZUIN
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STEPHANE SILVA DE ARAUJO
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Data: 20 déc. 2024
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This work deals with developing software to optimize virtual visit scheduling in federal penitentiaries, focusing on the Porto Velho Federal Penitentiary (PFPV). The justification for the research is the delay and bureaucracy of the current scheduling process, which can take up to three months, compromising the right to visit prisoners, guaranteed by the Penal Enforcement Law (Law No. 7,210/1984). The research aims to propose a technological solution that modernizes and streamlines this process, allowing greater speed and efficiency in the system. The methodology employed involved the analysis of the current procedure for scheduling virtual visits and the technical specification of software that automates the flow of information between penitentiaries, the Federal Public Defender's Office (DPU), and the relatives of prisoners. The software was designed to reduce waiting times and facilitate access to the right to visit, using technological tools to integrate the processes better. The expected results show that the proposed software can significantly reduce scheduling time, promoting greater efficiency in the federal penitentiary system. Finally, it is concluded that implementing this technological solution can contribute to the resocialization of prisoners by ensuring regular contact with their families, in addition to representing an advance in the use of technology to promote access to justice in the prison context.
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SUELEN DE ARAUJO BORGES
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CHILDREN AND ADOLESCENTS: ACCESS TO JUSTICE FOR VICTIMS OR WITNESSES OF VIOLENCE IN COURT OF JUSTICE OF THE STATE OF RONDONIA
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Leader : FERNANDO DANNER
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MEMBRES DE LA BANQUE :
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FERNANDO DANNER
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CAROLINA YUKARI VELUDO WATANABE
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MARCIO SECCO
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DOUGLAS APARECIDO BUENO
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Data: 20 déc. 2024
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This dissertation focuses on the central issue of access to justice for children and adolescents as victims or witnesses of violence within the Court of Justice of the State of Rondonia. The driving questions of our investigation are: Is the “Special Testimony” technique achieving its intended effect, namely, the full and comprehensive protection of the rights of children and adolescents? How do the deponents experience their participation in the procedure? In this context, the research examines whether the procedures and solutions designed to facilitate access to justice for children and adolescents, victims, or witnesses of violence living in the rural districts of Porto Velho, fulfill their role. The inquiry is based on the conditions for reaching the Institutional Humanized Hearing Center - Ninho - for those residing far from this sector, which is linked to the Coordination of Psychosocial Services of the First Instance, under the General Justice Oversight Board (CGJ) of the Court of Justice of the State of Rondonia (TJRO) in the Porto Velho/RO jurisdiction. The specific objectives guiding this research include: a) Investigating the number of children and adolescents who participated in the Special Testimony at Ninho and whether the number of unfulfilled testimonies is related to transportation challenges; b) Highlighting whether the Special Testimony served as a means of protection for these deponents or failed to promote access to justice; c) Describing the difficulties faced by this group in attending hearings on the scheduled dates and times set by the requesting courts; d) Discussing access to justice for children and adolescents, victims, or witnesses of violence referred to Ninho for their Special Testimonies; e) Presenting a proposal to the TJRO for acquiring an adapted bus to serve all jurisdictions and regions in Rondonia, accessible for reaching district hubs to conduct the Special Testimonies of children and adolescents. Data collection involved a semi-structured questionnaire with seven sections: information about the deponent; characterization of the violence experienced/witnessed; description of the process from disclosure to the Special Testimony; feedback on the support received; details of the Special Testimony; information about access to the testimony; and information about deponents who did not attend. This aimed to analyze access to justice for children and adolescents served by Ninho in the Porto Velho jurisdiction. The findings show that the “Special Testimony” procedure aligns with procedural models and both internal and international guidelines, emphasizing the care and protection of victims, acknowledging their vulnerability. Furthermore, considering that these victims must travel to Ninho for their testimony and that approximately 60% of scheduled interviews were unattended (with 40% from rural areas), the study proposes the Ninho Bus as a final product. This initiative aims to enable the forensic interviewer to conduct testimonies in person in the Special Testimony room, thereby achieving the objectives of protecting and supporting children and adolescent victims or witnesses of violence.
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GIOVANE DE SOUZA MAIA
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A EFETIVACAO DOS NEGOCIOS JURIDICOS PROCESSUAIS COMO INSTRUMENTO DE CELERIDADE E DIMINUICAO DA CULTURA DO LITIGIO NA JUSTICA RONDONIENSE
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Leader : MARCIO SECCO
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MEMBRES DE LA BANQUE :
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LAYDE LANA BORGES DA SILVA ANDRETO
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MARCIO SECCO
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THAIS BERNARDES MAGANHINI
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Data: 27 déc. 2024
Ata de defesa assinada:
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Technological advancement has been fundamental to improving the Judiciary and ensuring a quick and fair state response to conflicts. Law 13,105/2015 brought significant advances to procedural legal transactions, allowing parties to make the process more flexible according to their needs. However, many fronts still resist this idea, mainly on the grounds that the court summons is essential to avoid missing deadlines. Thus, we seek to infer how procedural legal transactions can be implemented in the Rondonia justice system through the Electronic Judicial Process (PJE), which is an essential instrument to guarantee access to justice, in order to contribute to changing the litigious culture, still very present in the Brazilian judicial system. This study proposes that such implementation can be materialized more effectively with the signing of a cooperation agreement between the jurisdictional bodies. The proposed methodological approach is qualitative, with a descriptive and exploratory objective, using bibliographic and documentary procedures.
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SÉRGIO MUNIZ NEVES
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The Mediated SUS Project of the Public Defender's Office of the State of Rondonia
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Leader : OSMAR SIENA
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MEMBRES DE LA BANQUE :
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OSMAR SIENA
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THAIS BERNARDES MAGANHINI
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CARLOS ANDRE DA SILVA MULLER
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Data: 30 déc. 2024
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This work analyzes the effectiveness of the SUS Mediado project of the Public Defender's Office of the State of Rondonia as a strategy to ensure the fundamental right to health and reduce judicialization in the healthcare sector. Established in 2016 by Resolution 42/2016/CSDPE, the project promotes the mediation of administrative health conflicts, aiming to avoid judicialization whenever possible, provided that no harm is caused to the service user. The effectiveness of the SUS Mediado project can be observed through the reduction in the percentage of judicialized cases, as well as the increase in the total number of services provided, which indicates greater legitimacy and trust from the population of Porto Velho in SUS Mediado services. The reduction in the average duration of administrative processes also serves as an indicator of the project's effectiveness. Using a quantitative methodological approach, documentary data were analyzed from the Advanced Solution in Referral Service System (SOLAR) and the Electronic Information System (SEI) between 2020 and 2023. The data include annual total service numbers, services categorized by requested medical specialty, total and percentage rates of administrative resolution of user requests within the SUS Mediado project, and the average duration of administrative processes. The results demonstrate significant growth in the number of services provided and a proportional reduction in judicialization. Despite this progress, challenges remain in administrative resolution and interinstitutional integration. It is concluded that SUS Mediado holds great potential for improvement, and two strategies are recommended. The first involves issuing a resolution by the Public Defender's superior administration to redefine the roles of the Health Assistance Unit (NAS) and SUS Mediado, expanding their scope to municipalities in the state’s interior and aligning their operations with the Health Dispute Resolution Chamber (CRLS) model implemented in the state of Rio de Janeiro. The second strategy suggests the signing of an addendum to the cooperation agreement establishing SUS Mediado, involving all agencies and institutions that participated in the previous agreement, allowing municipalities in the interior to join and implement the SUS Mediado project locally. These measures aim to strengthen cooperation among the involved entities and enhance mediation efficacy. This research contributes to the debate on equitable access to public healthcare and the mitigation of the impacts of judicialization.
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KESIA GONÇALVES DE ABRANTES NEIVA
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The Public Defender's Office in UNICEF's Active School Search: Interinstitutional Articulation and Implementation of Public Education Policy within the Public Defender's Office of Rondonia
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Leader : APARECIDA LUZIA ALZIRA ZUIN
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MEMBRES DE LA BANQUE :
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APARECIDA LUZIA ALZIRA ZUIN
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CAROLINA YUKARI VELUDO WATANABE
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FERNANDO DANNER
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VALMIR FLORES PINTO
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Data: 30 déc. 2024
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This research analyzes the role of the Public Defender's Office of the State of Rondonia (DPE-RO) in UNICEF's Active School Search Program, highlighting its interinstitutional articulation and its role in implementing public education policies. The central objective is to understand how the DPE-RO can be utilized as an extrajudicial tool to enforce the right to education and contribute to reducing school dropout rates, particularly among vulnerable groups. The study investigates how the Public Defender's Office can integrate its functions into the Active School Search Program to strengthen public education policies. To this end, it presents the following specific objectives: examine the functions performed by the DPE-RO within the program; evaluate the program's impact on reducing school dropout rates in Rondonia, focusing on the role of attendants as community agents; identify the main challenges faced by the institution in integrating its attendants into the program; and analyze the results achieved in the municipality of Sao Miguel de Guapore as an example of implementation and impact. The relevance of this study lies in addressing the critical issue of school dropout, a persistent challenge for public policies in Brazil. The inclusion of the Public Defender's Office in the Active School Search Program is presented as an innovative approach that strengthens the protection network for children and adolescents in vulnerable situations. This interinstitutional articulation reinforces the role of the DPE-RO as an active agent in ensuring the right to education and promoting a more just and inclusive society. The research adopts a qualitative approach, using descriptive and exploratory methods to analyze in detail the role of the Public Defender's Office in the program. The analyzed data allowed the observed reality to be described, challenges in the program's implementation to be identified, and improvements in the integration of the Public Defender's Office into educational policies to be proposed. As a final product, this study proposes a Manual for Implementing the Active School Search Program within the DPE-RO, aimed at guiding defenders and advisors on their role in the program and the strategies necessary to ensure the enforcement of the right to education. The manual is conceived as a practical tool to promote the replicability of the initiative in other contexts and to strengthen the DPE-RO's efforts in defending educational rights.
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EDENIR SEBASTIÃO ALBUQUERQUE DA ROSA
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A JUDICIALIZACAO DA SAUDE PUBLICA NO ESTADO DE RONDONIA E A NECESSIDADE DE (RE)PENSAR O FENOMENO
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Leader : MARCIO SECCO
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MEMBRES DE LA BANQUE :
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GUILHERME RIBEIRO BALDAN
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MARCIO SECCO
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OSMAR SIENA
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Data: 30 déc. 2024
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O tema saude e, na essencia, complexo. Saude e valor humano e social fundamental, objeto de politicas publicas pelos Estados modernos mediante acoes e intervencoes diretas e indiretas nas atividades e nos comportamentos humanos e sociais a partir do Estado no sentido de asse-gurar a vida como direito fundamental dos seus cidadaos. (Re)pensar o fenomeno saude e pro-por um olhar critico e para alem da premissa univocidade conceitual, universalidade consen-sual e de fundamentalismo principiologico e cientifico. Com pretensao exploratoria, regis-tra-se a possibilidade de representacao do fenomeno saude sob diversas formas de compreen-soes e de representacoes, considerando a escolha a partir de um recorte historico (exemplo: pensamentos classicos, modernos ou contemporaneos), de um ambiente social (senso comum, politico, religioso, economico, cientifico), institucional (Judiciario, Legislativo ou Executivo) ou de funcoes ou atribuicoes (medicos, cientistas, pacientes, gestores, controles, etc.). Nao parece razoavel pensar saude sem considerar a complexidade social e a organizacao sistemica referenciada desde a sociologia classica de Emile Durkheim, Max Weber, Carl Marx a moder-na e contemporanea de Talcott Parsons, Niklas Luhmann, Anthony Giddens, Pierre Bourdieu e Jurgen Habermas que pontuam as relacoes complexas do fenomeno social e da organizacao do Estado. Destaca-se entao, na perspectiva luhmanniana, a existencia de um subsistema soci-al especializado em relacao ao tema saude, apontando-se as contribuicoes desde George Can-guilhem, Claude Bernard e Abraham Flexner na construcao de uma ciencia da medicina sob um vies biofisico-quimico que invoca a autoridade e legitimidade para processar e dar as res-postas cientificas e oficial ao tema saude em detrimento do pluralismo e da plurivocidade das abordagens por outros redutos que tambem reclamam legitimidade social, juridica e instituci-onal ao tema saide. E destacada a Medicina Baseada em Evidencias - MBE, e seus fundamen-tos e metodologia, adotada como a principal referencia oficial da ciencia na area da saude e registrados criticos a partir da propria area medica em contestacao a pretensao cientifica teori-ca e metodologica absolutista e exclusivista da MBE ao tema saude e doenca. E pontuado en-tao o papel do Estado moderno no controle social e o modelo da sociedade contemporaneo que exalta o individuo e sua autodeterminacao e o conflito decorrente dessa concepcao indivi-dualista e a patologizacao dos comportamentos na area da saude mental. E apontada a preten-sao do Direito e do sistema juridico na garantia do direito a saude universal aos cidadaos a partir de acoes diretas e indiretas como direito fundamental individual e social por intermedio do Estados mediante politicas publicas, pontuando a distincao de percepcao sob os vieses libe-ral e comunitario, assim, nas perspectivas teoricas do “bem” e do “justo”. E registrada que a Constituicao Federal inscreve o direito a saude como direito fundamental e atribui ao Estado estruturar e organizar o Sistema Unico de Saude como instrumento dessa politica publica, relacionando-se entao os elementos de estruturacao organizacional e normativos desse sistema como a distribuicao das competencias e das atribuicoes, o modelo organizativo e o modelo de financiamento. Registra-se a complexidade da organizacao das politicas publicas e a sua vin-culacao normativa do gestor a um sistema rigido de controle de legalidade em contraponto a previsoes normativas principiologicas e valorativas adotadas nas demandas administrativas e judicias, resultando em desacordo teorico normativo aos desvalorizar o papel dos gestores suas acoes a legalidade estrita e amplia e exalta a potencia da atuacao jurisdicional e orgaos de con-trole pela maior liberdade normativa. Com pretensao explicativa, e destacada a estruturacao e as condicoes especificas da politica de saude no Estado de Rondonia, referenciando tambem dados do relatorio do Conselho Nacional da Justica sobre o tema judicializacao da saude. E registrada a pesquisa qualitativa realizada neste Estado de Rondonia junto aos integrantes das carreiras juridicas - juizes, promotores, defensores publicos, procuradores e agentes publi-cos do Estado e de alguns Municipios - que apontam omissoes e falhas organizativas e estrutu-rais e os efeitos deleterios financeiros e organizativos indicando necessidade de busca de solu-coes alternativas ao da judicializacao dos conflitos relacionados a saude. E abordado entao o fenomeno judicializacao da saude e seus fundamentos teoricos juridico contemporaneos e des-tacadas as inovacoes legislativa relacionadas as atribuicoes dos gestores no sentido de incenti-var acoes dinamicas de governanca, como a autorizacao aos meios de resolucoes alternativas de conflito como as mediacoes e as conciliacoes, mesmo em demandas ja judicializadas, viabi-lizando maior eficiencia, eficacia e efetividade. Nesse cenario, no objetivo de colaborar na resolutividade das demandas da saude local e proposto que a Secretaria Estadual da Saude do Estado de Rondonia estruture e implante uma instancia administrativa formal e permanente para acoes conjuntas politicas, tecnicas e juridicas integradas e coordenadas pelo Estado e pelos Municipios do Estado em relacao as demandas de saude tanto as administrativas quanto as judiciais e contemple: (a) o controle especifico essas demandas de saude, centralizando, sensibilizando e consolidado os dados relevantes, (b) apoio tecnico, constituido por integrantes qualificados da area da saude e da area juridica do Estado e Municipios, subsidiando as acoes administrativas e judiciais mediante comunicacao facilitada, qualificada e eficiente; (c) apoio as acoes necessarias a implementacao e efetivacao de resolucoes alternativas dos conflito, es-pecialmente a mediacao e a conciliacao. Nesse objeto, e apresentado um projeto de estrutura-cao dessa instancia e suas atribuicoes no ANEXO I.
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RITHYELLE MEDEIROS BISSI DO NASCIMENTO
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Reserve of the Possible: a mistaken principle limiting the right to health of those assisted by the Public Defender's Office of the State of Rondonia.
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Leader : MARCIO SECCO
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MEMBRES DE LA BANQUE :
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JOSE ALBERTO OLIVEIRA DE PAULA MACHADO
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MARCIO SECCO
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THAIS BERNARDES MAGANHINI
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Data: 30 déc. 2024
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The term “Reserve of the Possible” (“Vorbehalt des Moglichen”) originated in foreign law, first addressed in the judgment of two specific cases, BVerfGE 33, 303 (Numerus clausus), brought by the Administrative Courts of Hamburg and Bavaria, Germany, on July 18, 1972. The cases concerned the (insufficient) number of places on the Higher Education Medical Course at local universities and the reasonableness of requiring the State to provide a non-existent spot for a student interested in that course. In Brazil, the term was used 32 years later, in 2004, in a decision by the Supreme Federal Court. Since then, it has become common to reference and indiscriminately apply the term, especially as a justification to dismiss the effectiveness of constitutional norms in various judicial decisions, becoming a real obstacle to the realization of fundamental social rights enshrined in the Federal Constitution of 1988. Considering this, this research proposes to investigate the “Reserve of the Possible” and its negative impact on human rights in Brazil when used indiscriminately as a rationale for not regularly enforcing constitutional fundamental guarantees through judicial decisions, particularly in cases where the State does not voluntarily provide positive obligations. As for the methodology, the research is applied and qualitative in nature, using a hypothetical-deductive method with exploration and explanatory objectives. The procedures include legal-dogmatic and empirical research, based on bibliographic and case law research techniques, with theoretical foundations drawn from the theory of fundamental rights, relying, among others, on Robert Alexy, Justice Gilmar Ferreira Mendes, Joaquim Jose Gomes Canotilho, Paulo Bonavides, Jurgen Schwabe, Andreas J. Krell, and Ana Carolina Lopes Olsen. The relevance of this research is justified by the large number of judicial decisions that rely on the "Reserve of the Possible" to limit the guarantee of fundamental human rights, instead of requiring the State to fulfill its positive obligations when it fails to voluntarily satisfy basic rights through budgetary planning and proper management of public resources. In the context of comparative law, it becomes evident that judicial control over public policies cannot be trivialized in a way that allows the Public Authorities to remain in a comfort zone, where the mere claim of insufficient resources limits or prevents the realization of fundamental human rights.
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