Dissertation/Thèse

Clique aqui para acessar os arquivos diretamente da Biblioteca Digital de Teses e Dissertações da UNIR

2025
Thèses
1
  • NATALIE DEL CARMEN RODRIGUES DE CARVALHO MARANHÃO
  • AWAKENING: THE OFFER OF PSYCHOSOCIAL CARE TO FEMALE INMATES IN THE PRISON SYSTEM OF THE COUNTY OF ARIQUEMES/RO

  • Leader : FERNANDO DANNER
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • FERNANDO DANNER
  • LENO FRANCISCO DANNER
  • THAIS BERNARDES MAGANHINI
  • Data: 9 janv. 2025
    Ata de defesa assinada:


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  • The aim of this study is to encourage the realization of the ideals of human dignity related to the rights to social assistance and health of women imprisoned in Ariquemes, Rondonia, Brazil, through the provision of psychosocial care, by the signing of technical cooperation agreements between agencies criminal enforcement and higher education institutions. The Public Prosecutor's Office, as a member of the criminal execution system and as an essential institution for the jurisdictional function as a defender of the democratic regime and unavailable social and individual interests, is responsible for monitoring and promoting the retributive, preventive and re-educational purposes of the criminal sentence. The research is based on the analysis of social injustices observed in this group of vulnerable people, based on doctrinal notions of recognition and redistribution, which conclude that affirmative and transformative actions must be adopted to equalize this condition in which the prisoners are inserted. The approach is qualitative, with exploratory and descriptive objectives, resulting from reading, bibliographic analysis and documentary data collected from the prison system (national, state and local), which demonstrate the feasibility of the proposal.

2
  • SIMONE DE MELO
  • N/A

  • Leader : MARCIO SECCO
  • MEMBRES DE LA BANQUE :
  • MARCIO SECCO
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • URSULA GONCALVES THEODORO DE FARIA SOUZA
  • Data: 20 janv. 2025


  • Afficher le Résumé
  • The present study aims to investigate how addressing substance dependency among incarcerated individuals serves as a powerful resource for their reintegration, with a central focus on the Prison Unit of Ouro Preto do Oeste, RO. The research problem revolves around understanding how the system treats incarcerated individuals with substance dependencies and how their reintegration can be enhanced through appropriate treatment. To address this issue, this research was conducted with the overall objective of demonstrating how substance dependency treatment positively impacts reintegration and acts as a maximizing instrument for the effectiveness of penal execution as a means of reintegration. This study employs a qualitative-quantitative approach, emphasizing both bibliographic and field research to understand the complexities surrounding substance dependency and treatment methods, as well as to observe the realities of the Prison Unit in Ouro Preto do Oeste and explore how interventions can be implemented there. The bibliographic research initially sought to identify the main types of drugs and the fundamental concepts of substance dependency and codependency, examining how these issues affect not only the incarcerated individual. Subsequently, an analysis of the prison system and incarceration in Rondonia, specifically in Ouro Preto do Oeste, was conducted. This included an interview with the Director of the aforementioned Prison Unit to understand the number of segregated individuals and whether there are any effective treatment programs for addicted inmates. Additionally, within the scope of the bibliographic research, an analysis of conventional treatment methods within Brazilian public policies and the role of the Public Defender’s Office was performed. Based on the analysis of all collected data and the observed reality within the Prison Unit of Ouro Preto do Oeste, the study concluded that there is potential for intervention in favor of these addicted inmates, through the provision of material resources by the state and collaboration from penal execution agencies to promote substance dependency treatment. Finally, a treatment approach for addicted inmates is proposed, which consists of an initial screening using a questionnaire, followed by the identification of dependent inmates and their acceptance into a treatment program. Alongside this intervention proposal, a legislative project is suggested to expand the availability of treatment to all prison units in the state of Rondonia.

3
  • BASILIO LEANDRO PEREIRA DE OLIVEIRA
  • INCLUSIVE EDUCATIONAL PRACTICES FOR STUDENTS WITH AUTISM SPECTRUM DISORDER - A CASE STUDY OF ANTONIO FERREIRA DA SILVA MUNICIPAL ELEMENTARY SCHOOL

  • Leader : DELSON FERNANDO BARCELLOS XAVIER
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCUS VINICIUS RIVOIRO
  • THAIS BERNARDES MAGANHINI
  • LUCILEYDE FEITOSA SOUSA
  • Data: 4 févr. 2025


  • Afficher le Résumé
  • Equality is a fundamental principle of the Constitution of the Federative Republic of Brazil and a prerequisite for any nation to be considered democratic. In this context, for human beings to be placed in conditions of equality, access to quality education becomes paramount, which motivated this master's level research, based on the following question: What is the role of special education as a source of knowledge to develop teaching practices aimed at meeting the needs of students with autism at EMEF Antonio Ferreira da Silva? The research was conducted with professionals from the mentioned school and utilized focus groups for data collection. The objective was to identify successful practices that make this school a reference for the entire municipal public network. Since this is a Professional Graduate Program, the results will be organized into an electronic guide, which will be the final product, and delivered to the Municipal Department of Education and internal and external control bodies. The first phase of the research consisted of a review of specialized literature, followed by a documentary analysis of the legal frameworks regarding the inclusion of people with disabilities and inclusive education. The third phase involved data collection, followed by data analysis in the fourth phase. The fifth and final phase was scientific writing. The analyzed school stands out in official evaluation data compared to other schools in the municipal public network of Porto Velho and is highly sought after by parents of children with autism in the municipality. The research revealed that a highly experienced team in inclusive education, combined with a commitment to quality indicators, is one of the main reasons for the school’s success. Other key factors include the synergy of the team and the active participation of families in the daily life of the institution. Finally, although EMEF Antonio Ferreira da Silva has good physical infrastructure and equipment, the major differentiating factor responsible for its positive outcomes is its team, which demonstrates a strong commitment to the model of Special Education from the Perspective of Inclusive Education, as expected in any educational institution.

4
  • LARA OLIVEIRA RÊGO
  • OBSTETRIC VIOLENCE FROM THE PERSPECTIVE OF HUMAN RIGHTS: THE RIGHT TO THE PRESENCE OF A COMPANION AT BIRTH FOR INPRISONED WOMEN

  • Leader : ESTEVAO RAFAEL FERNANDES
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • SIMONE DE OLIVEIRA MESTRE
  • Data: 20 févr. 2025


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  • The present work aims to provide an analysis of the obstetric violence that affects pregnant and postpartum women in prison in the city
    of Porto Velho/RO. This institutional violence practiced by the prison administration has prevented incarcerated women from enjoying
    the guaranteed rights to companions and humanized assistance during childbirth. Initially, the definition of obstetric violence and all its
    nuances involved are addressed, framing it as gender-based violence and highlighting that this practice causes the violation of women's
    human, sexual and reproductive rights. Next, the legal protection instruments used to combat obstetric violence in prison are presented,
    analyzing the legislation in force in the country on the topic addressed, as well as bringing a discussion about the effectiveness in the
    application of Municipal Law n. 2.671/2019. Like this, considering the guarantees provided in the Brazilian legal system for pregnant
    and postpartum women in prison, the prison administration cannot create differences regarding the treatment given during childbirth to
    women in prison and those who enjoy their individual freedom.

5
  • LUCIANA LIMA MARTINS
  • Analysis of the Phenomenon of Harassment and Discrimination in the Workplace of the Court of Justice of the State of Rondonia: A Restorative Approach

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • CAROLINA YUKARI VELUDO WATANABE
  • DELSON FERNANDO BARCELLOS XAVIER
  • URSULA GONCALVES THEODORO DE FARIA SOUZA
  • Data: 21 févr. 2025
    Ata de defesa assinada:


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  • Harassment and discrimination constitute serious forms of violence in the workplace, affecting the dignity, identity, and well-being of workers, as well as undermining institutional effectiveness. In the context of the Judiciary, where equity and justice are fundamental values, the persistence of these practices is alarming. Data from 2022 and 2023 from the National Survey on Harassment and Discrimination in the Judiciary indicate that more than 55% of respondents reported being victims of these forms of violence. In response to this situation, the National Council of Justice (CNJ) enacted Resolution No. 351/2020, which establishes guidelines for preventing and addressing moral harassment, sexual harassment, and discrimination in the Judiciary. Against this backdrop, the Court of Justice of the State of Rondonia (TJRO) faces the challenge of implementing effective strategies to prevent and combat harassment and discrimination. The central problem of this research is to understand how these practices occur in the TJRO’s workplace and how Restorative Justice can be used as a strategy to address them. Thus, the general objective of the study is to analyze the incidence, types, and characteristics of the complaints submitted to the 1st and 2nd Grade Committees for the Prevention and Combat of Harassment and Discrimination (CPCAD), proposing guidelines based on Restorative Justice. Specifically, the study aims to conceptualize harassment and discrimination based on the literature and CNJ guidelines, identify the profiles of victims and aggressors, and examine the applicability of Restorative Justice in the context of the Judiciary. The justification for this study lies in the need to develop more effective institutional strategies to combat these forms of violence in the workplace, promoting a more equitable and inclusive organizational culture. By adopting Restorative Justice as a central approach, the aim is to contribute to the formulation of public policies and institutional actions that encourage dialogue, accountability, and damage repair, in line with the guidelines of CNJ Resolution No. 351/2020. Methodologically, the research adopts a qualitative and applied approach, emphasizing document analysis and literature review. Formal complaints submitted to the 1st Grade CPCAD, as well as internal resolutions and regulations of the TJRO, were analyzed. The results indicate that harassment and discrimination at the TJRO reflect patterns common to other organizations, marked by hierarchy and authoritarianism. However, Restorative Justice shows potential to mitigate these problems by promoting spaces for qualified listening, conflict mediation, and damage repair. Based on the findings, the study proposes guidelines for implementing restorative practices in the actions of the CPCAD, reinforcing the importance of transforming the organizational culture of the TJRO. It is concluded that adopting strategies based on Restorative Justice and effective institutional policies can significantly contribute to a healthier, more inclusive work environment aligned with the principles of equity and justice. Furthermore, the research highlights the need to prioritize preventive actions and institutionalize accountability in combating harassment and discrimination in the Judiciary, providing insights for future initiatives and research.

6
  • ANDREIA ZEFERINO
  • TACKLING MENSTRUAL POVERTY IN PRISON: MENSTRUAL EDUCATION AND THE PRODUCTION OF BIOABSORBENTS BY FEMALE PRISONERS IN JI-PARANA/RO

  • Leader : ESTEVAO RAFAEL FERNANDES
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • FERNANDO DANNER
  • IVANIA PROSENEWICZ
  • Data: 21 févr. 2025


  • Afficher le Résumé
  • Nd

7
  • KARINE MORENO PEREIRA SANTOS
  • MENTAL HEALTH TREATMENT FOR PEOPLE COMPLYING WITH SECURITY MEASURES IN PORTO VELHO: FROM THE REALITY WE HAVE TO THE REALITY WE WANT.

  • Leader : BRUNO VALVERDE CHAHAIRA
  • MEMBRES DE LA BANQUE :
  • BRUNO VALVERDE CHAHAIRA
  • MARCUS VINICIUS RIVOIRO
  • ZENO GERMANO DE SOUZA NETO
  • Data: 16 mai 2025
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  • This research aims to identify what constitutes inpatient treatment for people with mental disorders in conflict with the law, sentenced with improper acquittal through the application of a security measure. The methodological approach included documentary research in the legal proceedings of people who entered the UIMMS between 2018 and 2022, and also the documentary analysis of the normative and regulatory acts of the referred unit. The hypothesis raised, and fatefully confirmed, is that there is no mental health treatment for people who comply with a security measure of internment, being reduced to penal treatment of imprisonment and systematic use of medication.

8
  • CARLOS HENRIQUE GOMES SOUSA
  • CHILD MARRIAGE IN THE DISTRICTS OF PORTO VELHO: AN EXPRESSION OF THE SOCIAL ISSUE AND THE CHALLENGES OF ADDRESSING IT BY THE RIGHTS GUARANTEE SYSTEM

  • Leader : ESTEVAO RAFAEL FERNANDES
  • MEMBRES DE LA BANQUE :
  • BARBY DE BITTENCOURT MARTINS
  • ESTEVAO RAFAEL FERNANDES
  • LENO FRANCISCO DANNER
  • Data: 5 juin 2025
    Ata de defesa assinada:


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  • This research aims to analyze the social, economic, cultural, and institutional factors that contribute to the production and reproduction of child marriage in the districts of Porto Velho, understood as an expression of the social issue. The investigation seeks to understand the role of the Rights Guarantee System (SGD) in addressing this reality, proposing the creation of a standardized form for reporting suspected or confirmed cases. The methodology adopted is qualitative and exploratory, based on autoethnography, literature review, and analysis of secondary data from official sources such as the IBGE (Brazilian Institute of Geography and Statistics), notary offices, the Public Defender's Office, the Court of Justice of Rondonia (TJ-RO), and the Public Prosecutor's Office of Rondonia (MP-RO). The analysis adopts an intersectional perspective, considering how gender, class, race, and territory interact in perpetuating the phenomenon.

    The study demonstrates that child marriage primarily affects poor and marginalized girls, constituting a human rights violation that perpetuates inequalities and compromises access to education, health, and protection. The lack of systematized data weakens the effectiveness of the SGD, while the difficulty in accessing public services and reporting channels in the districts contributes to underreporting. The heightened vulnerability in rural and peripheral territories is emphasized, marked by inadequate services and communication. Finally, the research highlights the importance of intersectoral collaboration, strengthening public policies, and holding perpetrators accountable, as provided by Law No. 13,431/2017, to ensure the rights of children and adolescents.

9
  • SANDRIELY SOARES RODRIGUES DA COSTA CARMINATI
  • Casa Renascer: Proposal for the Creation of a Support and Acolhimento Center in Ouro Preto do Oeste/RO.

  • Leader : DELSON FERNANDO BARCELLOS XAVIER
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • THAIS BERNARDES MAGANHINI
  • ROSALINA ALVES NANTES
  • Data: 25 juin 2025
    Ata de defesa assinada:


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  • The research addresses the issue of domestic violence against women in Ouro Preto do Oeste/RO, contextualizing it as a serious social problem and highlighting the importance of public policies and the creation of a support and shelter for victims. The general objective is to analyze the effectiveness of existing policies and support the need to build this support house. The methodology included a literature review and statistical analysis of data on domestic violence in the region. The results revealed significant advances in public policies, but also highlighted challenges and gaps to be overcome. The implementation of the support house is seen as an essential measure to offer adequate support and protection to women victims of violence.

10
  • JOÃO VITOR CARNEIRO DA SILVA
  •  

     

    PAPER LANDS: Case studies on Indigenous Land disputes

  • Leader : MARCO ANTONIO DOMINGUES TEIXEIRA
  • MEMBRES DE LA BANQUE :
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • RICARDO GILSON DA COSTA SILVA
  • ROSALINA ALVES NANTES
  • Data: 17 sept. 2025
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  •  

    This dissertation investigates the judicialization of land conflicts involving Indige nous Lands in the state of Rondônia, focusing on strategic litigation as a tool for territorial claims. Through an interdisciplinary approach combining law, history, and political science, the study analyzes how judicial processes can be appropri ated by Indigenous peoples and their allies to pressure the State to complete land demarcation procedures. Using the case study method, two public civil actions filed by the Federal Public Prosecutor’s Office are examined: the Tanaru Indige nous Land case and the Wajuru Indigenous Land case. The research shows that, although judicial proceedings offer an institutional path to justice, they also im pose formal and temporal barriers that limit their effectiveness. Nevertheless, In digenous legal mobilization represents a form of resistance and a reinterpretation of law as a technology of contestation.

11
  • PAMELA DEANE SILVA ANDRADE DORNELAS
  • TJRO GENDER LENSES: Towards Justice with Equity?

  • Leader : ESTEVAO RAFAEL FERNANDES
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • ARNEIDE BANDEIRA CEMIN
  • Data: 18 sept. 2025
    Ata de defesa assinada:


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  • This study examines the application of the Protocol for Trials with a Gender Perspective within the Court of Justice of the State of Rondonia (TJRO), with the aim of assessing the extent to which this normative guideline has been incorporated into jurisdictional practice. It is based on the assumption of the persistence of gender inequality and the insufficiency of institutional responses to violence against women, analyzing the role of the Judiciary in promoting gender equality and access to justice. The methodology adopted is qualitative, with an exploratory and descriptive focus. Documentary and bibliographic analysis methods were used, including legislation, institutional regulations, reports and judicial decisions related to the application of the protocol. Databases relating to urgent protective measures granted and denied between 2020 and the first half of 2025 were also analyzed. In addition, empirical data was collected through semi-structured interviews with TJRO professionals directly involved in gender and equity centers. The research also includes mapping training actions, projects and internal training policies developed by the court. The results obtained support the development of a technical product with guidelines and suggestions to qualify the implementation of the protocol, contributing to judicial decisions that are more sensitive to gender issues.

12
  • PAULO HENRIQUE LORA GOMES DA SILVA
  •  

     

     

    The limits of indignity: A study on the permanence of contemporary slavery.

  • Leader : MARCO ANTONIO DOMINGUES TEIXEIRA
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • LILIAN MARIA MOSER
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • MARCUS VINICIUS RIVOIRO
  • Data: 18 sept. 2025
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  • Master's thesis in Human Rights and Access to Justice, Federal University of Rondônia, Rondônia, 2025. ABSTRACT This dissertation resulted from an interdisciplinary investigation into the persistence of contemporary slavery in the state of Rondônia, Brazil, focusing on the contradictions between the current legal framework and the socio-economic practices rooted in the Amazon countryside. The research adopted a qualitative, critical, and dialectical approach, combining literature review, documentary analysis, and case study to understand the structural factors that sustain the subjugation of workers under degrading conditions, despite constitutional and legal protections. The theoretical foundation drew from authors such as Ricardo Antunes, Bernardo Mançano Fernandes, Kevin Bales, and Saskia Sassen, allowing the articulation of historical, political, and economic dimensions that shape labor precarization and the reconfiguration of slavery under global capitalism. The dissertation argues that modern slavery, although legally abolished, persists in new forms: with no legal ownership, low labor acquisition costs, and high profitability. The symbolic neutralization of the term "slavery," replaced by technical expressions like "conditions analogous to slavery," is criticized as a mechanism that obscures the brutality of the phenomenon. The case study analyzed judicial process no. 1003372-56.2021.4.01.4100, concerning a case of contemporary slavery in Vila Marmelo (Extrema/RO), revealing recruitment fraud, human trafficking, debt bondage, and institutional complicity. The findings highlighted how informality, weak union structures, and the lack of effective public policies contribute to the perpetuation of such violations. As a practical output, the research developed a handbook of union best practices aimed at guiding rural labor unions in the identification, reporting, and prevention of contemporary slavery. The dissertation advocates for the explicit use of the term “slavery” as a political and symbolic stance against the normalization of structural violence in Brazil’s rural territories.

13
  • ANA PAULA MARQUES RODRIGUES
  •  

     

     

    CROSSING IN DIALOGUE: THE JUDICIARY AND HUMAN RIGHTS EDUCATION FOR THE PROTECTION OF WOMEN IN
    COMMUNITIES AND RIVER DISTRICTS OF THE LOWER MADEIRA IN PORTO VELHO (RO)

  • Leader : ADRIANA VIEIRA DA COSTA
  • MEMBRES DE LA BANQUE :
  • ADRIANA VIEIRA DA COSTA
  • ANDRE LUIZ DE OLIVEIRA BRUM
  • APARECIDA LUZIA ALZIRA ZUIN
  • DOUGLAS POLICARPO
  • Data: 29 sept. 2025
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  • This research proposes an interdisciplinary study on human rights education as a strategy for the prevention and confrontation of domestic and family violence against women in the riverine communities and districts of the Lower Madeira region, in Porto Velho (RO), Brazil. The study is based on the premise that access to justice requires, first and foremost, knowledge of one’s rights. Within the Judiciary, the initiative that reaches these communities and districts is the Itinerant Justice Operation (Justiça Rápida Itinerante), conducted via river routes, which addresses consensual civil and citizenship matters. Thus, the research problem lies in questioning how the Judiciary can develop educational actions in human rights aimed at preventing and confronting domestic and family violence against women in the riverine communities and districts of the Lower Madeira region. The general objective was to analyze and propose strategies to strengthen the Judiciary’s role through the Itinerant Justice program— in promoting human rights education actions directed toward the prevention and confrontation of domestic and family violence against women in the riverine communities and districts of the Lower Madeira region, in Porto Velho (RO). Methodologically, this is a qualitative research. Regarding its objectives, it is exploratory and applied in nature. As for the technical procedures, it is based on bibliographical and documentary research, drawing on both primary and
    secondary sources. The results show that, in the jurisdiction of Porto Velho, 83% of the initiatives correspond to tertiary prevention implemented after a rights violation has already occurred while only 17% focus on primary prevention. Among these primary prevention initiatives, since 2018, the Maria no Distrito project has reached only the district of São Carlos and its surrounding communities. Despite the efforts of the Court of Justice of Rondônia (PJRO) to expand its outreach, the implementation of Maria no Distrito requires a complex logistics of human, material, and financial resources.Given this need and existing gap, the research proposes, as its applied product, the Travessia em Diálogo Project, which aims to incorporate a multidisciplinary team into the Itinerant Justice Operation to promote human rights education initiatives focused on preventing violence against women in the riverine communities and districts of the Lower Madeira region.

14
  • ERICK OLIVEIRA CHAQUIAN
  • EXERCISE OF POLITICAL RIGHTS BY PEOPLE WITH ASD: INVISIBILITY FROM THE ELECTORAL REGISTRATION

  • Leader : DELSON FERNANDO BARCELLOS XAVIER
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • DOMINGAS LUCIENE FEITOSA SOUSA
  • MARCUS VINICIUS RIVOIRO
  • Data: 3 oct. 2025
    Ata de defesa assinada:


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  • Autism Spectrum Disorder (ASD) is a neurodevelopmental condition characterized by diverse cognitive, sensory, and behavioural traits. This study addresses the exercise of political rights by individuals with ASD and their invisibility within the electoral registry. The research problem lies in examining how the lack of a specific categorization of autistic individuals in the electoral database contributes to their statistical and political invisibility, thereby hindering the development of inclusive public policies within the scope of Electoral Justice. The main objective is to assess whether the political rights of individuals with ASD are effectively guaranteed, taking the electoral registry as the central object of analysis, identifying factors that generate statistical invisibility, and proposing measures to ensure inclusive support during the electoral process. The study is justified on three grounds: (i) social, due to the need to promote equity in the democratic process and ensure visibility and full access to rights; (ii) academic, as this is an emerging field in Brazil requiring an interdisciplinary approach involving Neuroscience, Political Science, Electoral Law, and Sociocultural Studies; and (iii) institutional, given the role of Electoral Justice in fostering inclusive citizenship and accessibility. The methodology combines qualitative and quantitative approaches, with a descriptive scope and the use of bibliographic and documentary procedures. Findings indicate that, during voter registration, individuals with ASD are recorded under the generic category “other types of disability,” which prevents the measurement of their actual number, hinders the design of appropriate electoral policies, and obscures relevant data. As a final product, a technical-educational guide was developed to provide practical instructions for poll workers, supporting inclusive assistance to autistic voters on election day. This material is expected to strengthen democracy and citizenship, while raising awareness among society and institutions about the urgent need for policies that guarantee the full inclusion of individuals with ASD in the democratic process.

15
  • TAIS DE SOUZA LEITE
  • AN ANALYSIS OF SEXUAL VIOLENCE AGAINST WOMEN - PROTOCOL FOR SUPPORTING RAPE VICTIMS.

  • Leader : FERNANDO DANNER
  • MEMBRES DE LA BANQUE :
  • DOUGLAS APARECIDO BUENO
  • ESTEVAO RAFAEL FERNANDES
  • FERNANDO DANNER
  • LENO FRANCISCO DANNER
  • Data: 9 oct. 2025
    Ata de defesa assinada:


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  • This monograph aims to analyze the forms of violence against women, evidencing the culture of rape. Studying the processes that naturalize the culture of rape in society, addressing categories such as power, hierarchy and patriarchy, which condition women to the mechanisms of acceptance and replication of a social imaginary, concepts that normalize rape based on social constructions on gender and sexuality. In this perspective, it reviews the historical context that influenced the construction of Brazilian legislation created to curb violence against women, elucidates how rape culture and victim blaming occur, and finally, relates four articles published in online newspapers in the State of Rondonia that contribute to the notion and reproduction of rape culture, with rape being a heinous crime. The final product is the presentation of the protocol for care for women victims of sexual violence to be included in the routine of the basic health unit.

16
  • ADILSON DONIZETI DE OLIVEIRA
  • BEYOND STATISTICAL INVISIBILITY: THE CHALLENGE OF CHILD AND ADOLESCENT SEXUAL VIOLENCE IN RONDONIA: Data Analysis in the Justice System and Proposal for Improving the Taxonomy for Comprehensive Protection in Porto Velho (2019-2024)

  • Leader : ESTEVAO RAFAEL FERNANDES
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • FERNANDO DANNER
  • RAFAEL ADEMIR OLIVEIRA DE ANDRADE
  • Data: 5 nov. 2025
    Ata de defesa assinada:


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  • This study explores the complexity of sexual violence against children and adolescents, starting with the analysis of the legal provision for absolute vulnerability of minors under 14 years of age (Art. 217-A of the Penal Code). Although this legislative provision is well-established, our empirical research, conducted in the District of Porto Velho, Rondonia, between 01/01/2019 and 30/05/2024, to assess its application in the local justice system, revealed a key challenge: the statistical invisibility of the data. The difficulty in collecting granular information about the profiles of victims and perpetrators, as well as the socio-economic and geographic context of the occurrences, hindered an in-depth analysis of the relativization of vulnerability and a comprehensive overview of the crimes. Given this crucial gap, which compromises the formulation of effective public policies and the comprehensive protection of children and adolescents—including specific populations such as riverside dwellers, quilombolas, and indigenous groups—this dissertation proposes the improvement of the taxonomy and data collection systems. Our objective is to transform the current approach, enabling a comprehensive understanding of the phenomenon of child and adolescent sexual violence. To this end, the methodology employed included bibliographic analysis and data from cases processed by the Public Ministry of the State of Rondonia (MPRO) and the Court of Justice of the State of Rondonia (TJRO). The findings reinforce that the persistent lack of detailed information prevents accurate diagnosis, the identification of vulnerability patterns, and the strategic allocation of resources. As a final product, we present a proposal for enhancing the National Registry of Cases of Violence Against Children and Adolescents (CNCA). This proposal aims not only to collect more granular data but also to reconcile procedural confidentiality with the essential need for data intelligence, in compliance with the General Data Protection Law (LGPD). With an interdisciplinary approach, this work seeks to support the areas of law, education, psychology, sociology, and social work, strengthening actions to prevent and combat child and adolescent sexual violence in Porto Velho and across the region.

17
  • VINICIUS ROCHA DE ALMEIDA
  • The Extrafiscal Nature of Tax Law as a Basis for the Creation of Public Policies to Promote the Inclusion of Autistic Individuals in the Labor Market in Porto Velho/RO

  • Leader : DELSON FERNANDO BARCELLOS XAVIER
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • THAIS BERNARDES MAGANHINI
  • BRENO DIAS DE PAULA
  • Data: 6 nov. 2025
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  • This dissertation addresses the use of tax extrafiscality as an instrument for promoting public policies aimed at including individuals with Autism Spectrum Disorder (ASD) in the labor market. The research problem arises from the question: how can the extrafiscal nature of Tax Law be employed as a mechanism to foster the employment inclusion of autistic individuals, especially at the municipal level? The study stems from the researcher’s professional experience as Attorney for the Municipal Health Department of Porto Velho, during which, in light of the significant increase in ASD diagnoses, emerged the need to understand how Law could contribute to more humane, effective, and inclusive public policies. The general objective is to analyze the feasibility of using tax extrafiscality as a tool to encourage the hiring of people with autism in the municipality of Porto Velho, Brazil. The specific objectives include: investigating the historical and normative development of legal protection for persons with disabilities; identifying social and institutional barriers that hinder the employment inclusion of people with ASD; examining the theoretical and constitutional foundations of extrafiscality; and proposing legislative measures to create tax incentives for employers who promote autistic inclusion. The relevance of this research lies in the need to rethink the role of the tax system in light of human rights and social justice. The proposal highlights that taxation can transcend its revenue-raising function and act as a mechanism for inducing socially desirable behaviors, contributing to the realization of substantive equality. Socially, it seeks to expand opportunities and strengthen the sense of belonging of autistic individuals; economically, it demonstrates that inclusive tax policies represent investments with social returns; and legally, it reaffirms the transformative potential of Tax Law in promoting citizenship and dignity.The study is spatially delimited to the municipality of Porto Velho, Brazil, based on the local reality observed by the researcher, and temporally between 2020 and 2025, corresponding to the period of increased ASD diagnoses and the formulation of municipal inclusion policies. Methodologically, it adopts a qualitative approach of exploratory and descriptive nature, based on bibliographic and documentary research. Theoretical support includes legal, sociological, and economic works, as well as national and international legislation on disability and inclusion, particularly the 1988 Federal Constitution, the InternationalConvention on the Rights of Persons with Disabilities, the Brazilian Inclusion Law, and the Berenice Piana Law. Among the main theoretical references are Piovesan, Alexy, and Pasold, as well as tax law scholars such as Lobo Torres and Paulo de Barros Carvalho. The findings demonstrate that the strategic use of tax extrafiscality, especially at the municipal level, is an effective tool for fostering the labor inclusion of individuals with ASD. The research concludes that extrafiscal tax policies—such as the granting of property tax (IPTU) exemptions to employers or family members of autistic individuals—can strengthen family structures, promote citizenship, and stimulate corporate social responsibility. As a technical product, the dissertation presents a Municipal Bill Project proposing the creation of this tax incentive as an instrument for inducing the employment inclusion of people with autism.

18
  • NADIR AUXILIADORA DE LIMA SALES
  • PAYMENT FOR ENVIRONMENTAL SERVICES IN THE STATE OF ACRE BY THE SISA PROGRAM

  • Leader : THAIS BERNARDES MAGANHINI
  • MEMBRES DE LA BANQUE :
  • CLARISSA FERREIRA MACEDO D'ISEP
  • LAYDE LANA BORGES DA SILVA ANDRETO
  • MARCIO SECCO
  • THAIS BERNARDES MAGANHINI
  • Data: 19 nov. 2025
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  • The present study focuses on the theme of Payment for Environmental Services, with an emphasis on the State System of Incentives for Environmental Services (SISA), established in the State of Acre through State Law nº. 2.308/2010, and its practices carried out through the ISA-Carbon and REM Acre programs. The research problem consists in understanding the main factors leading to the disqualification of proposals submitted by civil society organizations (CSOs) working with Indigenous peoples, traditional communities, and family farmers under Acre’s PES public calls, as well as how technical, legal, and institutional management information can help mitigate these barriers. The general objective is to analyze the PES calls for proposals published by the State of Acre between 2016 and 2024, identify the main reasons for ineligibility, and subsequently investigate the main difficulties experienced by participating organizations during the application process, with the aim of proposing strategies to improve CSOs’ access to these programs. The study is justified by the pursuit of greater equity in access to environmental public policies, promoting socioenvironmental justice for Indigenous peoples, traditional communities, and family farmers. The methodology is both qualitative and quantitative, with a descriptive approach and documentary method. Public calls and results under SISA were analyzed using content analysis and descriptive statistical tools, and a survey was conducted with participating civil society organizations. The research is also supported by a bibliographic review of the legal framework of PES, highlighting Federal Law No. 14,119/2021 and State Law No. 2,308/2010. As a result, recurring documentation flaws were identified in the proposals submitted, particularly due to the lack of legal and informational support for applicant organizations. The study culminates in the development of a technical-educational product: a manual that presents, in a didactic and schematic way, the guidelines, concepts, and requirements of SISA’s public calls, aimed at assisting organizations in improving their applications. It is expected that this material will contribute to expanding access to funding opportunities, valuing local knowledge, strengthening sociocultural participation, enhancing institutional capacity, and improving the efficiency of environmental project implementation, while promoting the inclusion of socially vulnerable groups in PES programs.

19
  • CAMILLA HOLANDA MENDES DA ROCHA
  •  

     

    MARGINALIZED VOICES: WORK, MEMORY, AND JUSTICE IN RONDONIA

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • RICARDO GILSON DA COSTA SILVA
  • ADRIANA VIEIRA DA COSTA
  • CRISTIANO OTÁVIO PAIXÃO ARAÚJO PINTO
  • CÉSAR AUGUSTO BUBOLZ QUEIRÓS
  • Data: 8 déc. 2025
    Ata de defesa assinada:


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  • The research Marginalized Voices: Labor, Memory, and Justice in Rondônia investigates how the memories of workers affected by severe human rights violations throughout the development cycles of the Western Amazon can serve as instruments for access to justice and the promotion of decent work. Grounded in the premise that memory is a dynamic social process, marked by controversy and power disputes, the study examines the tension between official memory—centered on narratives of “progress,” the “pioneer,” and the “frontier desbravador”—and the subterranean memories of Indigenous peoples, riverine communities, migrants, peasants, and other marginalized groups. These groups have historically had their experiences silenced in projects such as the construction of the Madeira-Mamoré Railway, rubber extraction cycles, agricultural colonization programs, the use of DDT in malaria-control campaigns, and the construction of the Madeira River hydroelectric plants, all marked by labor violations, displacement, and precarious working conditions.

    Interdisciplinary in nature and grounded in a qualitative approach, the research employs descriptive and explanatory methods, combining documentary analysis with action research. The theoretical framework brings together the contributions of Maurice Halbwachs, Michael Pollak, and Pierre Nora on memory disputes; Pablo González Casanova and Achille Mbembe on internal colonialism and necropolitics; and Niklas Luhmann, whose concepts of social systems, complexity, and observation help illuminate how certain narratives become institutionally legitimized while others are excluded. The central research question seeks to identify which memories emerge from the testimonies of marginalized workers in Rondônia and how these memories can be transformed into strategic tools for the actions of the Public Ministry of Labor (MPT).

    The study’s social and institutional relevance stems from the current context of new megaprojects planned for the region—such as hydroelectric dams, logistical infrastructure, and large-scale integration projects—which tend to reproduce historical patterns of rights violations. As an applied outcome, the research proposes the technical product Educational and Interactive Memorial: Memories of Labor in Rondônia, designed as a social technology to be implemented at the Regional Labor Prosecutor’s Office of the 14th Region. The memorial aims to support continuous training for members and staff, strengthen institutional memory, and promote human rights education among civil society, functioning simultaneously as a pedagogical tool, a form of symbolic reparation, and a strategy for reinforcing social justice in the Western Amazon.

20
  • CARLOS ALBERTO LOPES DE OLIVEIRA
  • Structural Action and Decent Work in the 14th Region (Rondonia and Acre): Practices of the Public Labor Prosecution Office (MPT) and the Need for Institutionalization for Traditional Peoples and Communities (TPCs)

  • Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
  • MEMBRES DE LA BANQUE :
  • ADRIANA VIEIRA DA COSTA
  • JÔNATAS DOS SANTOS ANDRADE
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • VINICIUS VALENTIN RADUAN MIGUEL
  • Data: 8 déc. 2025
    Ata de defesa assinada:


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  • The promotion of decent work in Rondônia and Acre—the jurisdiction of the Public Labor Prosecution Office of the 14th Region (PRT14) and a section of the Western Amazon—presents a multifaceted challenge, marked by the prevalence of exploitative practices rooted in colonial logic. This dissertation analyzes the performance of the Public Labor Prosecution Office (MPT) in this scenario, based on the thesis that the MPT's constitutional guardianship of labor, to be "complete," must necessarily encompass the traditional work of Traditional Peoples and Communities (PCTs). This is enabled by the concept of Decolonial Decent Work and the defense of territory as a collective work environment. Given that these rights violations are systemic, a reactive, case-by-case approach is insufficient. In this context, structural enforcement (guided by Proposed Resolution No. 5/2023 and General Recommendation No. 5/CN/2025, both from the CNMP) is analyzed as the emerging methodological tool that allows the institution to confront these external (systemic) challenges while simultaneously overcoming its internal challenges (such as high turnover), enabling high-impact action. The qualitative and documentary research analyzes the PRT14 itself, dissecting its institutional limitations and pre-existing structural practices (e.g., PWDs, COVID-19, waste pickers). It concludes that while the PRT14 demonstrates this capability, its own institutional limitations prevent this tool from being used perennially for the guardianship of PCTs, despite successful actions already carried out. Given this diagnosis, the central proposal is the institutionalization of a Special Office dedicated to PCTs (CSMPT Resolution No. 230/2025). This office will function as an "institutional anchor" to mitigate discontinuity and ensure the adequate guardianship of labor for Traditional Peoples and Communities, thereby enabling the consolidation of a new operational paradigm consistent with a "truly Amazonian MPT.

2024
Thèses
1
  • EIKO DANIELI VIEIRA ARAKI
  • Volunteer work and the resocialization of people deprived of their liberty in the Brazilian prison system: The experience of APAC in Ji-Paraná. 

  • Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
  • MEMBRES DE LA BANQUE :
  • FERNANDO DANNER
  • IVANIA PROSENEWICZ
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • Data: 8 janv. 2024


  • Afficher le Résumé
  • 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.

2
  • EDUARDO GUIMARAES BORGES
  • ACTIVITY OF THE PUBLIC DEFENSE OFFICE AS GUARDIAN OF THE VULNERABLE IN POSSESSION DEMANDS IN THE STATE OF RONDÔNIA

     

  • Leader : THAIS BERNARDES MAGANHINI
  • MEMBRES DE LA BANQUE :
  • ADRIANA VIEIRA DA COSTA
  • APARECIDA LUZIA ALZIRA ZUIN
  • THAIS BERNARDES MAGANHINI
  • Data: 12 mars 2024


  • Afficher le Résumé
  • 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.

3
  • YNHANÁ LEAL DA SILVA TOREZANI
  • Institutional Responses to the Judicialization of Health in Brazil

  • Leader : OSMAR SIENA
  • MEMBRES DE LA BANQUE :
  • OSMAR SIENA
  • CAROLINA YUKARI VELUDO WATANABE
  • Vinicius de Assis
  • Data: 20 mars 2024


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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.

4
  • DÉBORA HONORATO DE SOUZA ALVES
  • N/C

  • Leader : MARCIO SECCO
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • MARCIO SECCO
  • Waldir Ferreira de Abreu
  • Data: 15 avr. 2024


  • Afficher le Résumé
  • N/C

5
  • JORGE ROMCY AUAD FILHO
  • N/C

  • Leader : MARCIO SECCO
  • MEMBRES DE LA BANQUE :
  • MARCIO SECCO
  • APARECIDA LUZIA ALZIRA ZUIN
  • MICHELLE KAREN SANTOS
  • Data: 24 avr. 2024


  • Afficher le Résumé
  • 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.

6
  • MUHAMMAD HIJAZI ZAGLOUT
  • THE RESPONSE CAPACITY OF THE JUDICIAL POWER OF RONDÔNIA TO SYSTEMIC VIOLATIONS OF A RELIGIOUS NATURE

  • Leader : RODOLFO DE FREITAS JACARANDA
  • MEMBRES DE LA BANQUE :
  • RODOLFO DE FREITAS JACARANDA
  • DELSON FERNANDO BARCELLOS XAVIER
  • DOUGLAS APARECIDO BUENO
  • Data: 29 avr. 2024


  • Afficher le Résumé
  • 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.

7
  • PEDRO SILLAS CARVALHO
  • 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

  • Leader : RODOLFO DE FREITAS JACARANDA
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • DOUGLAS APARECIDO BUENO
  • RODOLFO DE FREITAS JACARANDA
  • Data: 3 mai 2024
    Ata de defesa assinada:


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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.

8
  • EDUARDA RODRIGUES ROSA
  • Custody hearings in pandemic period: a analysis of the  normative conduct of Rondoniense Judiciary

  • Leader : RODOLFO DE FREITAS JACARANDA
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • DOUGLAS APARECIDO BUENO
  • RODOLFO DE FREITAS JACARANDA
  • Data: 9 mai 2024
    Ata de defesa assinada:


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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.

9
  • SILVIA PRIMILA GARCIA RASKOVISCH
  • 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

  • Leader : RODOLFO DE FREITAS JACARANDA
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • DOUGLAS APARECIDO BUENO
  • RODOLFO DE FREITAS JACARANDA
  • Data: 28 mai 2024


  • Afficher le Résumé
  • 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.

10
  • LUCIANA ONDEI RODRIGUES SILVA
  • 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

  • Leader : OSMAR SIENA
  • MEMBRES DE LA BANQUE :
  • MARCUS VINICIUS RIVOIRO
  • OSMAR SIENA
  • WALTERLINA BARBOZA BRASIL
  • Data: 6 juin 2024


  • Afficher le Résumé
  • 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.

11
  • GLENDA ALBUQUERQUE SILVA
  • SELECTIVE COLLECTION: CHALLENGES AND POSSIBILITIES FOR SUSTAINABLE MANAGEMENT OF SOLID WASTE IN THE MUNICIPALITY OF CACOAL/RO
  • Leader : THAIS BERNARDES MAGANHINI
  • MEMBRES DE LA BANQUE :
  • ADRIANA VIEIRA DA COSTA
  • LAYDE LANA BORGES DA SILVA ANDRETO
  • MARCIO SECCO
  • THAIS BERNARDES MAGANHINI
  • Data: 17 juin 2024


  • Afficher le Résumé
  • 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

12
  • JERRI FARIAS DA SILVA
  • 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

  • Leader : FERNANDO DANNER
  • MEMBRES DE LA BANQUE :
  • DOUGLAS APARECIDO BUENO
  • ESTEVAO RAFAEL FERNANDES
  • FERNANDO DANNER
  • Data: 25 juin 2024


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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.

13
  • THIAGO RODRIGO RODRIGUES MAYNHONE
  • "IT'S FOR YOUR OWN GOOD!" Corporal Punishment in the District of Porto Velho: Who Hits, Who is Hitted, and How the Judiciary Acts.


  • Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
  • MEMBRES DE LA BANQUE :
  • FERNANDO DANNER
  • MARIA BERENICE ALHO DA COSTA TOURINHO
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • Data: 15 juil. 2024


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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.

14
  • EDINALDO RODRIGUES DE OLIVEIRA
  • MISSING CHILDREN AND ADOLESCENTS IN PORTO VELHO (RONDÔNIA, BRAZIL): DYNAMICS AND STATISTICS OF A SILENT AND SILENCED PHENOMENON – 2019 TO 2022. 

  • Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
  • MEMBRES DE LA BANQUE :
  • MARIA BERENICE ALHO DA COSTA TOURINHO
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • RODOLFO DE FREITAS JACARANDA
  • Data: 17 juil. 2024


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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.


15
  • ERIKA OLIVEIRA CHAQUIAN
  • INTERSECTORAL PUBLIC POLICIES AND CHILD AND ADOLESCENT MENTAL HEALTH IN THE SOCIOEDUCATIONAL CONTEXT OF RONDÔNIA

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • DELSON FERNANDO BARCELLOS XAVIER
  • FERNANDO DANNER
  • VALMIR FLORES PINTO
  • Data: 1 août 2024
    Ata de defesa assinada:


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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.

16
  • SIRLEI FELBERG
  • PERMANENT EDUCATION: TRAINING INSTRUMENT TO PROFESSIONALIZE CARE IN THE SHELTERS OF THE DISTRICT OF MACHADINHO D’OESTE/RO
  • Leader : THAIS BERNARDES MAGANHINI
  • MEMBRES DE LA BANQUE :
  • THAIS BERNARDES MAGANHINI
  • MARCIO SECCO
  • MARCUS VINICIUS RIVOIRO
  • ROSALINA ALVES NANTES
  • Data: 1 août 2024


  • Afficher le Résumé
  • 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.

17
  • SÂMARA ROHERS PENHA
  • .

  • Leader : DELSON FERNANDO BARCELLOS XAVIER
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • RODOLFO DE FREITAS JACARANDA
  • ROSALINA ALVES NANTES
  • 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.

18
  • JOAO VALERIO SILVA NETO
  • -

  • Leader : DELSON FERNANDO BARCELLOS XAVIER
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • THAIS BERNARDES MAGANHINI
  • ROGERIO MONTAI DE LIMA
  • 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.

19
  • MIRIA DO NASCIMENTO DE SOUZA
  • Gender-Based Violence in Rural Brazil: An Analysis of Violence Against Women in the Amazon Region

  • Leader : ESTEVAO RAFAEL FERNANDES
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • APARECIDA LUZIA ALZIRA ZUIN
  • MARCUS VINICIUS RIVOIRO
  • MARIA BERENICE ALHO DA COSTA TOURINHO
  • Data: 17 sept. 2024
    Ata de defesa assinada:


  • Afficher le Résumé
  • 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.

20
  • EMILIA OIYE
  • Transparency in the Regulation of the Unified Health System (SUS) in the State of Rondonia

  • Leader : OSMAR SIENA
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • OSMAR SIENA
  • GLEIMIRIA BATISTA DA COSTA MATOS
  • Data: 19 sept. 2024
    Ata de defesa assinada:


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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.

21
  • ALENCAR DAS NEVES BRILHANTE
  • 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

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • DELSON FERNANDO BARCELLOS XAVIER
  • THAIS BERNARDES MAGANHINI
  • JOSE JULIANO CEDARO
  • LARISSA ZUIM MATARESIO
  • Data: 20 sept. 2024
    Ata de defesa assinada:


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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.

22
  • GUSTAVO LUIZ FERREIRA LEISMANN
  • The Unemployment of Prisoners and Ex-Prisoners, Damage to the Execution of the Sentence and to the Preventive Resocializing Character of the Sentence

  • Leader : OSMAR SIENA
  • MEMBRES DE LA BANQUE :
  • OSMAR SIENA
  • SERGIO WILLIAM DOMINGUES TEIXEIRA
  • THAIS BERNARDES MAGANHINI
  • Data: 30 sept. 2024


  • Afficher le Résumé
  • 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.

23
  • RAFAEL MENDES FEITOSA
  • THE OFFERING OF THE NON-PROSECUTION AGREEMENT BEFORE THE COMPLETION OF THE POLICE INVESTIGATION
  • Leader : THAIS BERNARDES MAGANHINI
  • MEMBRES DE LA BANQUE :
  • THAIS BERNARDES MAGANHINI
  • FERNANDO DANNER
  • DOUGLAS APARECIDO BUENO
  • Data: 9 oct. 2024


  • Afficher le Résumé
  • 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.

24
  • DIVANILCE DE SOUSA ANDRADE
  • TRADITIONAL COMMUNITIES VICTIMS OF VIOLENCE IN THE COUNTRYSIDE: ACCESS TO JUSTICE AND SILENCING.

  • Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
  • MEMBRES DE LA BANQUE :
  • AFONSO MARIA DAS CHAGAS
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • THAIS BERNARDES MAGANHINI
  • Data: 16 déc. 2024


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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.

25
  • DANIELE SEVERO DA SILVA
  • The Federal Public Prosecutor's Office: An Analysis of Actions on Demands from the Karipuna People of Rondonia

  • Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
  • MEMBRES DE LA BANQUE :
  • LAYDE LANA BORGES DA SILVA ANDRETO
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • THAIS BERNARDES MAGANHINI
  • Data: 16 déc. 2024
    Ata de defesa assinada:


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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.

26
  • FERNANDA LEMOS DE MATOS
  • 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.

  • Leader : CAROLINA YUKARI VELUDO WATANABE
  • MEMBRES DE LA BANQUE :
  • CAROLINA YUKARI VELUDO WATANABE
  • OSMAR SIENA
  • INES MOREIRA DA COSTA
  • Data: 17 déc. 2024


  • Afficher le Résumé
  • 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.

27
  • JULIANO HEBER DOMINGUES
  • 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

  • Leader : MARCUS VINICIUS RIVOIRO
  • MEMBRES DE LA BANQUE :
  • MARCUS VINICIUS RIVOIRO
  • BRUNO VALVERDE CHAHAIRA
  • JOEL BOMBARDELLI
  • Data: 17 déc. 2024
    Ata de defesa assinada:


  • Afficher le Résumé
  • 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.

28
  • VANESSA REGINA PEREIRA RAMOS
  • .

  • Leader : RICARDO GILSON DA COSTA SILVA
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • RICARDO GILSON DA COSTA SILVA
  • VIVIANE VIDAL DA SILVA
  • Data: 18 déc. 2024
    Ata de defesa assinada:


  • Afficher le Résumé
  • .

29
  • CLAUDIA GONÇALVES GALINARI
  • HUMANIZATION OF ACCESS TO JUSTICE IN THE JUDICIARY OF THE STATE OF RONDONIA IN THE DIGITAL AGE

  • Leader : CAROLINA YUKARI VELUDO WATANABE
  • MEMBRES DE LA BANQUE :
  • CAROLINA YUKARI VELUDO WATANABE
  • THAIS BERNARDES MAGANHINI
  • CLARIDES HENRICH DE BARBA
  • Data: 18 déc. 2024


  • Afficher le Résumé
  • 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.

30
  • ALESSANDRO COSTA DE SOUZA
  • CONSTRUCTION OF TECHNOLOGY (SOFTWARE) FOR OPTIMIZATION OF VIRTUAL VISIT SCHEDULING WITHIN THE FEDERAL PENITENTIARY SYSTEM

  • Leader : CAROLINA YUKARI VELUDO WATANABE
  • MEMBRES DE LA BANQUE :
  • CAROLINA YUKARI VELUDO WATANABE
  • APARECIDA LUZIA ALZIRA ZUIN
  • STEPHANE SILVA DE ARAUJO
  • Data: 20 déc. 2024


  • Afficher le Résumé
  • 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.

31
  • SUELEN DE ARAUJO BORGES
  • CHILDREN AND ADOLESCENTS: ACCESS TO JUSTICE FOR VICTIMS OR WITNESSES OF VIOLENCE IN COURT OF JUSTICE OF THE STATE OF RONDONIA

  • Leader : FERNANDO DANNER
  • MEMBRES DE LA BANQUE :
  • FERNANDO DANNER
  • CAROLINA YUKARI VELUDO WATANABE
  • MARCIO SECCO
  • DOUGLAS APARECIDO BUENO
  • Data: 20 déc. 2024
    Ata de defesa assinada:


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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.

32
  • GIOVANE DE SOUZA MAIA
  • A EFETIVACAO DOS NEGOCIOS JURIDICOS PROCESSUAIS COMO INSTRUMENTO DE CELERIDADE E DIMINUICAO DA CULTURA DO LITIGIO NA JUSTICA RONDONIENSE

  • Leader : MARCIO SECCO
  • MEMBRES DE LA BANQUE :
  • LAYDE LANA BORGES DA SILVA ANDRETO
  • MARCIO SECCO
  • THAIS BERNARDES MAGANHINI
  • 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.

33
  • SÉRGIO MUNIZ NEVES
  • The Mediated SUS Project of the Public Defender's Office of the State of Rondonia

  • Leader : OSMAR SIENA
  • MEMBRES DE LA BANQUE :
  • OSMAR SIENA
  • THAIS BERNARDES MAGANHINI
  • CARLOS ANDRE DA SILVA MULLER
  • Data: 30 déc. 2024
    Ata de defesa assinada:


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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.

34
  • KESIA GONÇALVES DE ABRANTES NEIVA
  • 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

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • CAROLINA YUKARI VELUDO WATANABE
  • FERNANDO DANNER
  • VALMIR FLORES PINTO
  • Data: 30 déc. 2024


  • Afficher le Résumé
  • 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.

35
  • EDENIR SEBASTIÃO ALBUQUERQUE DA ROSA
  • A JUDICIALIZACAO DA SAUDE PUBLICA NO ESTADO DE RONDONIA E A NECESSIDADE DE (RE)PENSAR O FENOMENO

  • Leader : MARCIO SECCO
  • MEMBRES DE LA BANQUE :
  • GUILHERME RIBEIRO BALDAN
  • MARCIO SECCO
  • OSMAR SIENA
  • Data: 30 déc. 2024
    Ata de defesa assinada:


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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.

36
  • RITHYELLE MEDEIROS BISSI DO NASCIMENTO
  • 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.

  • Leader : MARCIO SECCO
  • MEMBRES DE LA BANQUE :
  • JOSE ALBERTO OLIVEIRA DE PAULA MACHADO
  • MARCIO SECCO
  • THAIS BERNARDES MAGANHINI
  • Data: 30 déc. 2024
    Ata de defesa assinada:


  • Afficher le Résumé
  • 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.

2023
Thèses
1
  • WILSON GUILHERME DIAS PEREIRA
  • SEXUAL VIOLENCE SUFFERED BY NON-CIS-HERTERNORMED CHILDREN AND ADOLESCENTS: building safe childhoods in Porto Velho

  • Leader : ESTEVAO RAFAEL FERNANDES
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • FERNANDO DANNER
  • ROSANGELA APARECIDA HILARIO
  • Data: 6 févr. 2023
    Ata de defesa assinada:


  • Afficher le Résumé
  • The protection of the rights of children and adolescents is something consolidated by the 1988 Federal Constitution, making parents, family members, society and the State responsible for ensuring a healthy and safe development. However, in a society built on unequal bases, there are children who are forgotten, or purposely erased from this space of care and attention. Thus, the dissertation analyzes the sexual violence suffered by children and adolescents perceived or self-denominated as LGBTQIA+, who, because of their behavior or practices dissident from the cis-heterosexual norm, are sometimes victims of innumerous aggressions and negligence. From this perspective, the research is built with the purpose of analyzing the perceptions of victims of infant and juvenile LGBTQIA+ sexual violence about the performance of the System of Rights Assurance in their protection, and to identify which norms/guidelines exist for these entities about such theme in Brazil, with special emphasis on the municipality of Porto Velho - Rondônia. To build this research, I resorted to the triangulation of methods, in a qualitative approach, which brought together techniques such as [auto]ethnography, semi-structured interviews, and the application of questionnaires, in addition to the study of queer, feminist, black, and children and youth policies, and the document review of norms and legislation on the subject. We emphasize that the construction of such a study is urgent and necessary, since it is empirically known that there are countless victims of sexual violence in childhood or adolescence who recognize themselves as LGBTQIA+; however, the scientific production on this theme is scarce in Brazil. As results, we present the victims' narratives and perceptions, based on a scientific production that raises awareness and constructs public policies, as well as a draft resolution addressed to the Municipal Council of the Rights of Children and Adolescents of Porto Velho, for the institution of a public policy of care and shelter for children and adolescents, perceived or self-recognized as LGBTQIA+, victims of sexual violence.

2
  • VANESSA CRISTINA RAMOS DE AZEVEDO
  • The stability, integrity and coherence of judicial decisions at the 1st level of jurisdiction

  • Leader : CAROLINA YUKARI VELUDO WATANABE
  • MEMBRES DE LA BANQUE :
  • CAROLINA YUKARI VELUDO WATANABE
  • DELSON FERNANDO BARCELLOS XAVIER
  • GUILHERME RIBEIRO BALDAN
  • Data: 24 févr. 2023


  • Afficher le Résumé
  • This work has as its theme the search for greater legal certainty of the judicial
    decisions of the 1st degree of jurisdiction and its relation with the determination
    of uniformity of judicial decisions through the stability, integrity, and coherence
    foreseen in the Code of Civil Procedure of 2015, which promoted the discussion
    on the creation of a national precedents system. For a better understanding of
    the subject, the work began with the presentation of a brief report about the
    history and main concepts of the legal systems of common law, where there is
    the most common culture of precedents and civil law, the system adopted in
    Brazil, passing through the exposition of concepts about the national system of
    precedents and the criticisms made to it. The choice of the 1st level of
    jurisdiction for the analysis of the stability, integrity, and coherence of judicial
    decisions was because it is in the 1st level of the jurisdiction where the most
    significant number of cases begin and end since the rate of external appeal is
    low, being, in the State of Rondônia, only 5.2% (CNJ, 2022b). In order to verify
    the stability, integrity, and coherence of the judicial decisions of the 1st degree
    of jurisdiction, a single subject was chosen, that is, the flight delay and a
    sentence handed down in the year 2020 and a sentence handed down in the
    year 2021 on the subject were analyzed, in the ten civil courts of the District of
    Porto Velho/RO. The analysis of the collected data was carried out using
    Bardin's method of content analysis, with the identification of themes discussed
    in each sentence and, after excluding the pieces that appeared in only one of
    the sentences, the following remained: evidence that supported the Judicial
    decision; application of the Consumer Protection Code - CDC; adequacy of the
    air network does not exclude liability; delay time used as one of the decision
    arguments; the filing of action on behalf of the plaintiff's representatives; the
    initial request was valid or unfounded; main argument of the sentence;
    conviction of the plaintiff to pay court costs and attorney fees; the action
    proposed by the representative of the plaintiff in the Special Civil Court. Once
    the themes were identified, an analysis was made of the stability, integrity, and
    coherence of the judicial decisions under investigation, using the concept of
    stability to verify whether the court follows its own choices; integrity was
    analyzed about the current legal system and integrity with CF; coherence was
    interpreted as the isonomic treatment of similar cases. Several aspects of the
    judicial decisions were surveyed, according to the themes already mentioned,
    but from the analysis of the main question discussed, about the initial request
    made by all the authors of the actions analyzed, which refer to the conviction of
    an airline company to pay moral damages resulting from flight delay, it was
    possible to verify that only 3 of the ten analyzed rods showed stability; the
    integrity analysis was impaired, with indications that a potential lack of integrity
    in 1st-degree decisions is a reflection of the lack of integrity in 2nd degree and
    superior court decisions, since decisions with conflicting outcomes used divergent jurisprudence; as for coherence; there was no coherence between the analyzed decisions because some of the requests were upheld, some were downgraded, and some were supported in part. After the presentation of the collected data and the discussion about the results, in the end, a product resulting from the research was presented, which is a recommendation to the Internal Affairs of the Court of Justice of the State of Rondônia for the adoption of practices in the short, medium and long term for the promotion of stability, integrity, and coherence of judicial decisions of 1st degree of jurisdiction. 

3
  • TIAGO LOPES NUNES
  • PRISON, CRIMINOLOGY AND SOCIETY - THE ROLE OF THE PROSECUTION OFFICE IN THE CONTEMPORARY CRIMINAL SYSTEM

  • Leader : RODOLFO DE FREITAS JACARANDA
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCUS VINICIUS RIVOIRO
  • RODOLFO DE FREITAS JACARANDA
  • Data: 14 mars 2023
    Ata de defesa assinada:


  • Afficher le Résumé
  • Initially, this paper brings a brief historical retrospective on the emergence of the State, summarizing the main circumstances that culminated in the formatting of the currently verified models. Then, an approach is made to the evolution of Criminal Law over the years, through a critical analysis of the causes that transformed the prison sentence into the main contemporary punitive instrument. In particular, the reasons are mentioned why the rules of the punitive system generally harmonize with the oligarchic interests of the situation, to the detriment of a rational logic that considers all the complex aspects of life in society. Subsequently, an examination of the premises related to what the doctrine has agreed to call criminal welfare is carried out, with considerations being made on the reasons that led to its institution and subsequent overcoming. Further on, a demonstration is made on the inefficiency of the criminal system's hardening in relation to the reduction of crime, and the psychological circumstances that confer social legitimacy to this populist policy are addressed. Therefore, it is proposed the existence of a system resulting from the convergence between the concepts of recognition, reification, archetype of the enemy, fetishism, feeling of revenge and fear of crime. Then, a critical analysis is built about the dialogue between the psychological and social dynamics verified with criminal publicity, mainly clarifying its deleterious consequences. Finally, suggestions are listed on the posture that should be adopted by the Public Prosecutor’s Office to mitigate the effects of this process.

4
  • CLÁUDIA FERREIRA DE ALMEIDA
  • GENDER, VIOLENCE AND HUMAN RIGHTS: AN ANALYSIS OF DOMESTIC AND FAMILY VIOLENCE AGAINST WOMEN WITH DISABILITIES IN THE MUNICIPALITY OF RIO BRANCO/ACRE

  • Leader : FERNANDO DANNER
  • MEMBRES DE LA BANQUE :
  • FERNANDO DANNER
  • MARCIO SECCO
  • MARIA DAS GRAÇAS ALVES PEREIRA
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • Data: 8 mai 2023


  • Afficher le Résumé
  • This work focuses on domestic and family violence against women with physical and sensory disabilities. Its general objective is to map domestic and family violence against women with physical or sensory disabilities accompanied by the protection network available in the municipality of Rio Branco/AC, through occurrences with completed inquiries recorded at the Specialized Police Station for Assistance to Women (DEAM) of the last 2 years. The research starts from the following questions: What are the difficulties in accessing justice for women with physical and sensory disabilities who are victims of domestic and family violence in the city of Rio Branco/AC/Brazil? What is the profile of domestic and family violence against women with disabilities in Rio Branco/AC? How to improve the accessibility of women with disabilities to the existing protection network in Rio Branco/AC? The inductive method is used, as the individual experiences of women with disabilities will be the basis for general knowledge. It is an applied research in nature, as it aims at solving a specific problem and practical application. It has a mixed approach with data and quantitative and qualitative analysis. As for the objectives, the research is exploratory and descriptive, as it aims to clarify the topic that is little explored, in addition to describing the characteristics of the phenomenon. Documentary research and interview techniques are used for data collection, and the analysis takes place through statistical techniques (arithmetic mean, percentage, graphs and tables) and content analysis. The research was approved by the CEP/UNIR (CAAE: 60911722.6.0000.5300, opinion n. 5.634.333). As a result, it was found that Acre and its capital Rio Branco have high rates of crimes against women. There are no statistical data on women with disabilities in the “Anuário de Segurança Pública”. “Women’s Assistance Center” show that women with disabilities who are victims of violence in Acre are, in most cases, mixed-race, aged between 45 and 49, with high school education and income of up to one minimum salary. And the aggressors of women with disabilities, in this state, are men, brown, aged between 30 and 39 years old, with complete higher education and income from 5 to 15 minimum salary.

5
  • FÁBIO BATISTA DA SILVA
  • GOVERNANCE AND PUBLIC POLICIES IN THE RECEPTION OF CHILDREN AND ADOLESCENTS: Analysis of institutions in the Vale do Guaporé Region in Rondônia
  • Leader : THAIS BERNARDES MAGANHINI
  • MEMBRES DE LA BANQUE :
  • LAYDE LANA BORGES DA SILVA ANDRETO
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • THAIS BERNARDES MAGANHINI
  • Data: 11 mai 2023


  • Afficher le Résumé
  • The present work deals with the study of Governance practices in the execution of public policies, for which an analysis was made of the institutions in the Vale do Guaporé - Rondônia that shelter children and adolescents who are at risk. The main research problem is due to the socioeconomic vulnerability of the family group, as well as the excess of "correction" applied by the parent that causes state intervention through the intervention of the Tutelary Council, for the reception of minors. Thus, these circumstances justify the study on the procedures for sheltering children and adolescents who are at risk, as well as understanding the normative changes in the institutional sheltering system, arising from the Statute of the Child and Adolescent. To contextualize the research, a bibliographical survey will be carried out on public policies for the reception of children and adolescents and their historical development. Observations will be considered before shelters in the municipalities of Vale do Guaporé - Rondônia, with the aim of observing the regulations for institutional reception and the problems presented by these institutions. As a methodology applied to the study, qualitative research was adopted with a descriptive approach and document analysis based on the theoretical framework that addresses the issue of institutional governance, specifically public governance that involves institutional actors and promotes social participation with external actors from organized civil society . From the research, it was clear that the achievement of public policies for sheltering children and adolescents is directly related to the social vulnerability of their families and the lack of public policies aimed at reestablishing social and affective ties with institutionalized minors. The product resulting from the work carried out here is presented in the elaboration of a regulation based on the exercise of Governance for the institutionalization of minors in shelters.

6
  • FREDSON DOS SANTOS BATISTA
  • PARENTING WORKSHOP AS AN INSTRUMENT FOR SOCIAL PACIFICATION OF THE JUDICIARY OF THE STATE OF RONDÔNIA
  • Leader : THAIS BERNARDES MAGANHINI
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • DINARA DE ARRUDA OLIVEIRA
  • THAIS BERNARDES MAGANHINI
  • Data: 15 mai 2023


  • Afficher le Résumé
  • Conflict is a condition of human social experiences. A shared social life requires human beings to face and balance conflicting situations in order to establish a structure. This aspect permeates one of the pillars of the social organism that is the family. The social roles of fathers, mothers, sons and daughters, and their unfolding in the family nucleus, are constituted by relationships that reveal affections and confrontations. One of the central points that threatens the stability of family and social life is parental separation. Divorce is an intensely disruptive process, the decision not to share a life together affects the whole environment of a couple's experiences, especially the relationship between father/mother and son/daughter. This work examines the family context that involves conflicts arising from divorce proceedings in order to demonstrate the relevance of the Parenting Workshop as an instrument for solutions that less erode the family relationship in divorce proceedings judicialized in the judiciary system of Rondônia/TJRO. The research involves issues related to how the judiciary deals with family disagreements arising from litigious divorce proceedings in order to, above all, guarantee the preservation of childhood and adolescence. Data were obtained from March 2016 to July 2019. The aim is to analyze the application of Oficinas de Pais e Filhos in solving family disputes and propose the expansion of parenting workshops to other districts of the Justice from Rondônia/TJRO. Thus, as a result, the consolidation of data allows evaluating the effective application of the parenting workshops offered by the TJRO. If the hypothesis is confirmed, the objective is to train servers to replicate the workshops in other counties of the State, representing an important step in the consolidation and implementation of this public policy for the adequate treatment of conflicts by the Judiciary of Rondônia.

7
  • RODRIGO LEVENTI GUIMARAES
  • OS INSTRUMENTOS EXTRAJUDICIAIS UTILIZADOS PELO MINISTÉRIO PÚBLICO DE RONDÔNIA PARA REGULARIZAÇÃO DE MORADIAS CONSOLIDADAS EM ÁREAS DE PRESERVAÇÃO PERMANENTE

  • Leader : RICARDO GILSON DA COSTA SILVA
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • DELSON FERNANDO BARCELLOS XAVIER
  • RICARDO GILSON DA COSTA SILVA
  • THAIS BERNARDES MAGANHINI
  • VANIA SICILIANO AIETA
  • Data: 19 mai 2023


  • Afficher le Résumé
  • The present dissertation is part of the Research Line Public Policies and Development of Justice, having The present dissertation is part of the Research Line Public Policies and Development of Justice, having as its theme the role of the Public Ministry as a resolving agent about the demands that involve the realization of the right to housing and an ecologically balanced environment, based on a multidisciplinary vision of human rights. The research problem concerns the lack of guidelines and support for the Public Prosecutor in the face of the apparent collision between the right to live with dignity and the duty of environmental preservation, as well as to identify which extrajudicial instruments can be used by the Public Ministry for the reach of the harmony of decent housing in the territories of permanent preservation. Observing the concepts of permanent preservation areas, decent housing and public policies aimed at achieving these values, the objective is to build functional guidelines for the performance of the Public Ministry of Rondônia, in order to fulfill the need to live with quality and preserve the environment for present and future generations. The norms researched, between the years 2017 to 2021, in particular those dealing with Public Housing Policies, are the result of the various issues that have arisen with the disorderly urban expansion and the occupation of environmentally protected spaces, attracting efficient instruments for the reality experienced requiring implementation of various areas of knowledge such as urban sociology, geography of human occupation, among others. The general objective of the research is to analyze the implementation of the right to decent housing in the face of the apparent conflict with the right to an ecologically balanced environment, since such residences are located around water courses in consolidated urban areas, and how gives the role of the Public Ministry to promote human rights. Understanding the issue will allow the election of priorities regarding the Ministerial action, in order to provide guidance to the actors involved, establishing a procedure for reaching the provision of adequate service in the light of human rights. The research was developed through bibliographic review, examination of legislation and resolutions of the National Council of the Public Ministry, the National Council of Justice, as well as on the study of recent jurisprudence, analyzing, in particular, the evolution of the extrajudicial action of the Parquet from the Federal Constitution of 1988, at the point where the issue of environmental sustainability has been occupying the agendas of international organizations for the defense of human rights. In the investigation phase, in the period of June 2022, the research questionnaire was applied, with the objective of obtaining data from the Members of the Public Ministry of Rondônia, who exercise the attributions of environment and urbanism, in particular Defense of Housing and Urbanism, in the Data Processing phase, the Cartesian method was used, and the results of the analyses, in the Research Report, used the inductive method. It was concluded from the research that, with the Magna Carta of 1988, the performance of the Public Ministry took on a new guise, gaining muscle for conflict resolution through extra-procedural means, in a clear acceleration of the peaceful solution of demands that arrived in the Judiciary. The theme involves environmental sustainability, being directly instilled in the collective public interest, as it is the environment of a diffuse nature, within the scope, therefore, of defense through the performance of the Public Ministry. In this aspect, all instruments aimed at the Public Ministry to achieve environmental sustainability are the object of research. At the end, proposals for ministerial action, recommendations and the creation of a digital tool for the detection and monitoring of land occupation in areas that have the potential for risk were presented, in order to avoid disasters or tragedies.

8
  • IVENS DOS REIS FERNANDES
  • APAC AS A PUBLIC POLICY OF THE COURT OF JUSTICE OF THE STATE OF RONDÔNIA: CHALLENGES AND POSSIBILITIES
  • Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
  • MEMBRES DE LA BANQUE :
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • SERGIO WILLIAM DOMINGUES TEIXEIRA
  • THAIS BERNARDES MAGANHINI
  • Data: 29 mai 2023


  • Afficher le Résumé
  • This study aims to discuss the feasibility of making the method developed by Associação de Proteção e Assistência ao Condenado (APAC) as a Court of Justice of Rondônia's public politic, verifying the mains hindrances for its creation and its installation, based on the experience of APAC from Ji-Paraná (RO). It is noted that the actual model of serving the custodial sentence in Brazilian prisons does not recover the prisoner, on the contrary, it favors an environment conducive to the escalation and evolution of criminality. The methodology adopted was a bibliographical and documental research with a qualitative approach. This is about a study of an empirical-theoretical nature that, resorting to literature, searched for conceptual elements that theoretically dialogue with the thematic proposal in question. Furthermore, interviews were carried out and questionnaires were applied to professionals linked to the problem in the state of Rondônia. The informations from the interviews and from the questionnaires were collected between August 2022 to May 2023. In this sense, searching a alternative form of serving the sentence and which aims to safeguard the rights and guarantees of the prisoner, the methodology developed by APAC is a possible alternative, at a much lower cost than the common system and with significantly lower recidivism rates.

9
  • LEONARDO WERNECK DE CARVALHO
  • Não se aplica

  • Leader : MARCIO SECCO
  • MEMBRES DE LA BANQUE :
  • MARCIO SECCO
  • DELSON FERNANDO BARCELLOS XAVIER
  • SANDRO ALEX DE SOUZA SIMÕES
  • Data: 2 juin 2023


  • Afficher le Résumé
  • Não se aplica

10
  • LEANDRO DA COSTA GANDOLFO
  • REPAIRABILITY OF “STATE TRUST” AS AN INSTRUMENT TO FIGHT CRIME
  • Leader : THAIS BERNARDES MAGANHINI
  • MEMBRES DE LA BANQUE :
  • FLÁVIO HENRIQUE DE MELO
  • RODOLFO DE FREITAS JACARANDA
  • THAIS BERNARDES MAGANHINI
  • Data: 30 juin 2023


  • Afficher le Résumé
  • There are certain crimes that, by their own nature, or by the way they are executed, that put at stake the reliability that society places in the state, also called state fiduciarity. This essay sets the premise that it is a precious intangible legal asset that can and should be repaired, among other reasons, to confront the activities of Organized Crime and Criminal Organizations – ORCRIM, through financial constraint. The meaning of this research is to outline a recommendation to the Public Prosecutor's Office that brings the guidelines of such action. A survey was conducted on the breach of "State Fiduciarity" and its consequences, as well as the current legal treatment in Brazil. The method employed in the work is hypothetical-deductive and a qualitative approach was used in the handling of the data collected. In the Research Report the techniques of bibliographical and documental research were used, as well as operational concepts and categorization. It was inferred that since the edition of Law 12.850/13, in state, federal and superior courts, out of the 42,428 (forty-two thousand, four hundred and twenty-eight) convictions of Organized Crime and ORCRIM, thirteen cases - little more than 0.03% of the cases - resulted in compensation to the public treasury, through the Institute of Civil Liability, which shows the demand for further studies on the subject.

11
  • LAÍLA DE OLIVEIRA CUNHA NUNES
  • N/A

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • PATRÍCIA MOTHÉ GLIOCHE BÉZE
  • DELSON FERNANDO BARCELLOS XAVIER
  • JOSE RICARDO FERREIRA CUNHA
  • Data: 5 juil. 2023


  • Afficher le Résumé
  • Initially, the work analyzes the concept and assumptions of the unconstitutional state of things and its use by the Colombian Constitutional Court, especially in cases of the prison system and internally displaced people due to violence. Then, the application of this theory in the Brazilian prison system is discussed, based on the decision handed down by the Federal Supreme Court in the ADPF n. 347/DF, as well as highlighting the jurisprudential decisions that occurred after this recognition. Next, the difficulty in conceptualizing the term judicial activism is discussed, as well as its correlation with the declaration of an unconstitutional state of things. In this context, the arguments for and against the application of the unconstitutional state of things in Brazil are mentioned, adopting a position favorable to its application to overcome the massive and generalized violation of fundamental rights of incarcerated people. Subsequently, it moves on to the examination of data collected at national and state level to inquire about the main violations of fundamental rights that occurred in the prison system of the State of Rondônia. Further on, it analyzes how the Public Prosecutor's Office should act to overcome the unconstitutional state of things in the Rondônia prison system. Finally, the application of the principle of numerus clausus is suggested as a way of mitigating the situation of violations of rights suffered especially in the overcrowded prison units of Rondônia.

12
  • DIEGO DE AZEVEDO SIMAO
  • LA DEFENSA PÚBLICA COMO GARANTÍA DE LA DEFENSA EN EL PROCESO DE EJECUCIÓN PENAL: MANUAL PRÁCTICO PARA UNA DEFENSA PÚBLICA EFECTIVA

  • Leader : RODOLFO DE FREITAS JACARANDA
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCUS VINICIUS RIVOIRO
  • RODOLFO DE FREITAS JACARANDA
  • Data: 10 juil. 2023
    Ata de defesa assinada:


  • Afficher le Résumé
  • La ejecución penal es la fase en la que el poder punitivo se manifiesta con mayor fuerza, con la restricción de uno de los derechos fundamentales más importantes: la libertad. Por tanto, es una actividad jurisdiccional, desarrollada a través de un proceso judicial, es decir, en un proceso que se tramita ante un juez competente e imparcial, con la participación del Ministerio Público y la Defensa, la observancia del debido proceso legal, la defensa contradictoria y amplia, con todos los medios y recursos que le son propios. Para garantizar una defensa amplia y eficaz en la ejecución penal, el Estado brasileño asignó a la Defensoría Pública la función institucional de brindar asistencia jurídica plena y gratuita y garantizar, con calidad y eficacia, el derecho de defensa a favor de las personas con baja ingresos que sufran la imposición de una sanción penal o medida de seguridad. Esta defensa en el contexto de la ejecución penal - así como en otras ramas del derecho - debe llevarse a cabo de manera efectiva. Precisamente por eso, luego de estudiar el derecho de defensa, las atribuciones de la Defensoría Pública en la ejecución penal y el panorama de las penas de prisión en Brasil, presento un manual práctico para la actuación de la defensa pública en el proceso de ejecución penal, que contiene lineamientos mínimos que deben observarse para asegurar la calidad de la actuación en el ámbito del proceso de ejecución penal y garantizar una efectiva defensa a favor del condenado asistido legalmente por la Defensoría Pública.

13
  • DEBORA MACHADO ARAGÃO
  • THE PUBLIC DEFENDERS OF RONDÔNIA STATE PERFORMANCE AND THE VIABILITY OF ACCESS TO JUSTICE FOR QUILOMBO COMMUNITIES IN RONDÔNIA STATE

  • Leader : FERNANDO DANNER
  • MEMBRES DE LA BANQUE :
  • FERNANDO DANNER
  • ESTEVAO RAFAEL FERNANDES
  • LENO FRANCISCO DANNER
  • ONEIDE PERIUS
  • Data: 30 sept. 2023
    Ata de defesa assinada:


  • Afficher le Résumé
  • The access to justice brings on its hard core the commands of social justice, in order to not only proclaim rights, but also realise them on real world, nevertheless, the access to justice is still not substantially equal, universal, so that some vulnerable groups, such as quilombola communities, need instruments to ensure this fundamental right. The Public Defender’s Office, as an essencial institution in the justice system, whose mission is to guarantee full and free legal assistance, is one of those instruments that enable effective access to justice for vulnerable people and groups. In Rondônia State, there are several traditional communities, which include quilombola communities, so that viability of access to justice for these groups can be achieves thorugh the work of Public Defender’s Office of Rondônia State, with such assistance being provide more effectively wiht the creation of a specialized thematic nucleus, which is what is proposed in this work. The methodological approach propposed is qualitative, descriptive and exploratory, with the use of bibliographical and documentary material.

14
  • JEAN CARLOS SENA DE OLIVEIRA
  • GOOD PRACTICES IN HUMAN RIGHTS EDUCATION IN THE TEACHING OF THE QUILOMBO OF PEDRAS NEGRAS IN RONDÔNIA

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • FERNANDO DANNER
  • RICARDO GILSON DA COSTA SILVA
  • TANIA SUELY AZEVEDO BRASILEIRO
  • Data: 3 oct. 2023
    Ata de defesa assinada:


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  • This work presents the theme of Human Rights Education and Human Rights in Education; and the application of interdisciplinary methodology in teaching at Quilombo de Pedras Negras in Rondônia, observing the relationship between the methodology and an Interdisciplinary pedagogical stance. The problematization of the research was to identify, what are the good practices applied in teaching at a school in Quilombo de Pedras Negras do Guaporé for the application of Interdisciplinarity? Aiming to answer this question, the research had the general objective of demonstrating the good practices used through teaching, in this place, from the perspective of Human Rights in an interdisciplinary pedagogical relationship. The general objective is to demonstrate the good practices used through teaching, in this place, from the perspective of Human Rights in an interdisciplinary pedagogical relationship. The research has a qualitative character with an ethnographic bias, as it proposed to understand the phenomenon in its natural context, in everyday relationships. For this, field diary records were used, with observations in the classroom and semi-structured interviews with the teacher (P1) who carries out teaching work in the community. The option for this type of interview was due to its open nature, which provides the freedom to come and go in the dialogue with the interlocutor. To support the study, analyzes of official documents and specialized literature on Education, Human Rights and Interdisciplinarity were carried out. Data processing was carried out using the Content Analysis technique using triangulation as a methodological strategy to combine data collected in observations with data from interviews and analyze them from the perspective of the authors who supported the study: Paulo Freire (2000 ), in the teaching-learning process through mediation, socialization and appreciation; Ivani Fazenda (2003) in the approach to interdisciplinarity and education; Dalmo Dallari (2004), Solon Viola (2007), Boaventura de Souza Santos (1997) and Vera Candau (2008), on Human Rights and education, in addition to infraconstitutional laws and documents that deal with education and Human Rights. The course of the study was based on the construction of the concepts of interdisciplinary practices in Human Rights and the Interdisciplinary Pedagogical Posture that served as analyzes for practices in everyday school life in the quilombo in question. The analyzes revealed that there is no methodology that guides practices in Human Rights, but simple attitudes, which the teacher, unaware of what the specific methodology may be, puts into action good practices that lead students to be critical, consequently, also in a non-explicit way, they know how to do it, but they do not know the know-how, making them capable of intervening in reality to transform it. The final considerations showed that good teaching practices express Human Rights, as they try to promote integrated teaching by assuming an interdisciplinary stance. Therefore, from an ethnographic perspective, it proposes the development of a teaching manual with specific concepts and good practices that can guide teaching at Quilombo Pedras Negras for the exercise of Human Rights in Education and Education in Human Rights.

15
  • POLLYANNA MARIA DE OLIVEIRA
  • PRISON SUBSTITUTES: A study on penal execution in the Court de Execution of Sentences and Alternative Measures Vepema of Porto Velho - RO, from the perspective of the guarantee of rights.

  • Leader : FERNANDO DANNER
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • FERNANDO DANNER
  • LENO FRANCISCO DANNER
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • Data: 6 oct. 2023
    Ata de defesa assinada:


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  • The purpose of this work is to identify the factors that may cause negative results in alternative sentences. The problem is: do alternative sentences to prison achieve their objective, or are they also violators of rights? It is assumed that alternative sentences to prison violate rights, because it removes the person serving the sentence from their right to individuality and resocialization. But for the argument of this assumption it is necessary to invest in studies on access to justice, guarantee and the realization of human rights in this criminal modality. Among the studies surveyed, it can be seen that the exclusion of prisoners from their rights has been on the list of concerns of the United Nations (UN) since 1955, when the adoption of non-restrictive sentences was recommended. The overcrowding of the prison system and the barbarism that occurred in prisons justifies the intervention of human rights defense organizations in proposing adaptation measures. From international requirements, such as the Tokyo Rules, imposed for the expansion and installation of institutes of penal alternatives, and measures of non-incarceration. Even in the face of frequent legislative changes that updated the Brazilian criminal procedure and allowed the insertion of alternative measures such as pecuniary, electronic monitoring, provision of services to the community, suspension of processes, and more recently restorative justice procedures, we do not have seen a significant reach in the rate of reduction of incarceration and recidivism rates In the criminal law, we see that this legislative movement has not changed the numbers of releases, a fact not unlike the locus of studies of this research, that is, in the spatial delimitation the analysis of the problem requires special attention to the alternative penalties applied in the prison system of the state of Rondônia . For this reason, even in the face of all the demands from defense organizations, and the existence of various alternatives for penalties and restriction of rights, sentencing for the closed regime is still widely used in this State. About the research methodology, the approach is qualitative, with content analysis (Bardin), with bibliographical and document reference, application of interviews with the executioners, judges of the execution rods civil society agents responsible for monitoring the sentence. The research is in the development phase, however, it is expected as a result to identify whether alternative penalties can effectively handle the tripod that constitutes the fundamental right of serving the sentence: resocialization, non-recurrence and guarantee of rights.

16
  • MIGUEL MONICO NETO
  • STRUCTURING MEASURES AS A MITIGATION VECTOR OF THE UNCONSTITUTIONAL ENVIRONMENTAL STATE OF AFFAIRS
  • Leader : THAIS BERNARDES MAGANHINI
  • MEMBRES DE LA BANQUE :
  • THAIS BERNARDES MAGANHINI
  • DELSON FERNANDO BARCELLOS XAVIER
  • AUDARZEAN SANTANA DA SILVA
  • Data: 13 oct. 2023


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  • In In Brazil, the increasing concern for environmental issues began to be demonstrated with the National Environmental Policy (PNMA), which established standards for environmental protection. With the 1988 Federal Constitution, environmental law gained even more importance and consolidated itself as one of the main branches of Law. In Rondônia, there are still mistakes in environmental policy and conflicts in environmental management, especially due to deforestation and predatory exploitation of the Amazon. In this context, the role of the Judiciary is fundamental in protecting the environment, ensuring compliance with the rules and the repair of environmental damage caused. The theme of the work is related to the determination of structuring and reparatory measures of the environment, in sentences of this nature, especially in Direct Actions of Unconstitutionality and Public Civil Actions. The qualitative research, analytical of cases and of participant characteristic as well, focuses on the procedural scope of the Federal Supreme Court (STF) and the Courts of Justice, with emphasis on the Court of Justice of Rondônia (TJ/RO), in order to verify how the jurisprudence on the Environmental Unconstitutional State of Things originated and progressively consolidated. It is inferred the need for the application of structuring measures in environmental proceedings, especially in Rondônia. The general objective is to propose a Recommendation to adopt the requirement of these essential measures for environmental protection in these actions. For this purpose, decisions in Public Civil Actions at a national level and cases judged by the Court of Justice of Rondônia are analyzed. We also researched and analyzed cases in which the Federal Supreme Court judged environmental matters. The objective was to verify whether the judging bodies expressed themselves on the Environmental Unconstitutional State of Things and whether they determined or could determine structuring measures. After surveying and understanding the panorama of the judgment of environmental actions, the following points were made in conclusion: a) the obstacles to the granting of structuring measures were identified; b) It was inferred that the Unconstitutional Environmental State of Affairs can be mitigated by determining structural measures; c) the need to issue a Recommendation, especially for the environmental scenario in Rondônia. This Recommendation should serve as a guideline to orient the legal operator on the limits and possibilities of the requirements in constitutional actions and Public Civil Actions related to environmental protection. As a product, a Recommendation is presented to guide the petition of structuring measures in Environmental Lawsuits, aiming at the protection of the environment to guarantee it as an Essential Human Right to Human Dignity.

17
  • LINDOMAR DE JESUS FIRMIANO
  • THE CHALLENGE OF THE NETWORK IN SOCIO-EDUCATIONAL WORK WITH ADOLESCENTS FROM THE PERSPECTIVE OF PUBLIC POLICY MANAGEMENT

  • Leader : CAROLINA YUKARI VELUDO WATANABE
  • MEMBRES DE LA BANQUE :
  • CAROLINA YUKARI VELUDO WATANABE
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • RICARDO PERES DA COSTA
  • Data: 17 nov. 2023


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  • This study analyzes the management of public policies and socio-educational measures, focusing on the challenges faced in the care of adolescents. The research focuses on evaluating the effectiveness of institutional care offered to adolescents and young people during the implementation of socio-educational measures of Prestação de Serviço à Comunidade (PSC) and Liberdade Assistida (LA) by the Sistema de Garantia de Direitos (SGD). The problem investigated is how these measures are implemented in practice by the service network. The general objective aims to examine the challenges adolescents face in the context of PSC and LA socio-educational measures from the perspective of implementation by the network. The specific objectives aim to understand the limitations and challenges faced by technicians (social workers, psychologists, and pedagogues) in assisting adolescents and their families during the implementation of PSC and LA socio-educational measures in nine municipalities in Rondônia. To support the research, Law No. 12,594/2012, which establishes the Sistema Nacional de Atendimento Socioeducativo (SINASE), Law No. 8,069/1990, which specifies the Estatuto da Criança e do Adolescente (ECA), were used, as well as other academic and scientific publications such as the collection “Socioeducação no Brasil: intersetorialidade, desafios e referências para o atendimento”. The research method adopted is a qualitative approach, with technical teams (social worker, psychologist, and pedagogue) from the Centro de Referência Especializado de Assistência Social (CREAS) being interviewed. The research revealed a gap between legislation and the practical implementation of socio-educational measures. Although the regulations define the SGD's duties in the care process, it is observed that the actual management of care is affected by a limited understanding of the pedagogical meaning of the measures, in addition to the lack of continued training of the professionals involved. The data collected may assist in the development of government strategies and measures that improve service provided by the SGD. As a final product of this work, it is proposed to create an information system that optimizes the management of socio-educational services through data collection and generation of statistical information.

18
  • JULIANA PAULA SILVA DA COSTA
  • DIRECT ACCESS TO EMERGENCY PROTECTIVE MEASURES: virtual platform to combat domestic violence against women within the scope of the Rondônia Court of Justice

  • Leader : RODOLFO DE FREITAS JACARANDA
  • MEMBRES DE LA BANQUE :
  • AUDARZEAN SANTANA DA SILVA
  • RODOLFO DE FREITAS JACARANDA
  • THAIS BERNARDES MAGANHINI
  • Data: 20 nov. 2023


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  • The virtual means of the victim's right to urgent protective measures is the central theme of this paper, through the development of a virtual platform focused on tackling domestic violence against women in the scope of the Court of Justice of the State of Rondônia. The panorama of gender violence against women in the domestic and family environment is worrying and represents a serious violation of human rights, demanding digital, safe, and fast instruments to protect women who are victims of domestic violence. The research concentrates on discussing the urgent protective measures available to protect women victims as well as enabling, as the final product, access mechanisms that provide increased effectiveness of these women restraining orders. During the recent COVID-19 pandemic, since the virtual means represented a safe way to be used by the victims, it was possible to accelerate the development of the product. In the contextualization of the research, the historical background of the feminist struggle, the international and national regulatory frameworks against gender violence, and the situation of violence against women in the Western Amazon region were addressed. The dissertation focused on a pilot project of a virtual access platform available to victims who can now make the request for protective measures through tools offered on the website of the Court of Justice of Rondônia and through a dedicated app, without the need for the woman to go to a police unit or an institution of reference in this type of service. The goal of the product is to promote and expand direct access to the judiciary and to guarantee the rights of women in vulnerability or who are unable to locomotion.

19
  • ROBERTA CRISTINA GARCIA MACEDO
  • ASSISTANCE FOR VICTIMS OF CRIMES BY THE JUDICIARY POWER OF THE STATE OF RONDÔNIA

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • DELSON FERNANDO BARCELLOS XAVIER
  • GUILHERME RIBEIRO BALDAN
  • MARCUS VINICIUS RIVOIRO
  • Data: 12 déc. 2023


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  • This text discusses the evolution of the consideration and protection of crime victims in the legal and social context, especially in the Judiciary of the State of Rondônia, Brazil. Particular attention is given to the victim's position in the criminal process and their transition from a state of neglect to being recognized as a subject of rights, according to the perspective of victimology. The motivation for this research comes from a magistrate with experience in the criminal courts of Rondônia, observing the need to provide victims with a more prominent and participative role in judicial processes and ensuring their rights and dignity are respected and protected. The research details that the victim has long been relegated to a secondary role in the criminal process, often only associated with evidence production. However, over time, various legislations, such as Law 9.099/95 (Special Courts Law) and Maria da Penha Law (Law 11.340/2006), have highlighted the recognition and protection of victims in Brazil, indicating a significant shift in legislative and judicial perspective on the victim's role in the criminal process. The text delves into practices and structures established by the Judiciary of the State of Rondônia concerning the treatment of crime victims. Notably, it emphasizes the establishment of the Specialized Center for Attention to Victims of Crimes and Infractional Acts in 2022, aimed at providing care, shelter, information, and formal referral of victims, in addition to combating revictimization. The research aimed to analyze the victim service by the state judiciary, identify actions aligned with the "Institutional Policy of the Judiciary for Attention and Support to Victims of Crimes and Infractional Acts" of the National Council of Justice, explore the structure and flow of the Specialized Center, and obtain perceptions of victims and magistrates about the services offered. The specific objectives of the research aim to identify actions that aim to serve the Institutional Policy of Victim Service, analyze the structure of the Specialized Center, apprehend the impressions of victims about the legal services received, and recognize magistrates' actions to ensure victims' access to procedural information and other services. The research, therefore, is situated at the intersection between legal practice, legislation, and the experiential experience of victims in the State of Rondônia, seeking to understand and improve the trajectory and service of victims in the criminal process. This qualitative study explored procedures used by judges and servers in the districts of Porto Velho and Pimenta Bueno, as well as perceptions of crime victims about judicial service, using a methodology of bibliographic survey and questionnaire application. In 2022 and 2023, forms were sent via WhatsApp to victims who participated in hearings in the Criminal Courts, exploring aspects such as service, language, and access to information during and post-audience. In the same period, the form was also applied to judges, achieving moderate participation. Visits and evaluations of the CEAVs (Specialized Center for Attention to Victims of Crimes and Infractional Acts) of Rondônia and Mato Grosso in 2023 provided insights into existing service structures, with comparative data collected through questionnaires and in-person visits. Access to information and the quality of the service received during the hearings, which mainly took place via videoconference or in a hybrid format due to the contemporaneity of the research, are highlighted as central elements of the victims' experience in the judicial process, with these data being presented and analyzed through graphs in subsequent chapters of the work, seeking a holistic view of the treatment and engagement of victims in judicial processes.

20
  • FLÁVIA BARBOSA SHIMIZU MAZZINI
  • INTERSECTORAL PUBLIC POLICY ON EDUCATION AND HEALTH FOR THE VISIBILITY OF CHILDREN WITH LEARNING DISORDERS IN THE PUBLIC NETWORK OF PORTO VELHO (RONDÔNIA)


     
  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • DELSON FERNANDO BARCELLOS XAVIER
  • FERNANDO DANNER
  • SAMILO TAKARA
  • Data: 13 déc. 2023


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  • This work has the general objective of identifying whether there is communication between state and municipal bodies, in the state of Rondônia, in the area of health and education, which can assist in diagnosis, treatment and in the full exercise of the right to special and inclusive education for children and to adolescents with neurodevelopmental disorders. The problem that guides the studies is: - how the lack of flows, communication between bodies and other informational mechanisms make it difficult to identify children with neurodevelopmental disorders, and consequently, affect learning and make it difficult to refer and access the right to education? The study is justified because there is no specific document for public managers that guides the procedures or identification of children and adolescents with learning difficulties, therefore, these children are, presumably, deprived of health resources for diagnosis and treatment for the full development in education and with the right to human dignity. In this way, these issues presented can affect the human rights and full citizenship of children and adolescents with neurodevelopmental disorders, because they also influence self-confidence, active participation in the community, full equal exercise of the right to education, guaranteed by conventions international standards on the Rights of Children and Persons with Disabilities. The methodology has a qualitative approach, with a bibliographic procedure, with studies on diagonal communication as the basis for the theoretical foundation; learning disorders based on studies by psychologist Samuel Kirk (1963), Vitor da Fonseca (2007), Marcelo Carlos (2008), Bryan Butterworth and Yulia Kovas (2013); and based on documents in the Federal Constitution (1988), and other infra-constitutional legislation on the subject. In this sense, the nature of the research is applied, with exploratory, descriptive and explanatory objectives. The product presented, based on the studies, is the proposal for a protocolo f the intersectoral public policy containing flows and mechanisms as diagonal communication instruments for managers and public educational institutions to standardize actions, in order to promote the visibility of children with neurodevelopmental disorders that affect the learning. Therefore, through the flows and mechanisms that are part of this communicative model, it is possible that the results allow children and adolescents diagnosed with a disorder to have efficient access to the public health network, consequently enabling the diagnosis and effective treatment of disorders, which will provide improvements in integral development as an individual and full and equal exercise of the right to quality social education.

     

21
  • EDSON BRAZ DOS SANTOS
  • THE REPRESENTATION OF BLACK SERVANTS IN THE JUDICIAL POWER OF THE STATE OF RONDÔNIA

  • Leader : MARCO ANTONIO DOMINGUES TEIXEIRA
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • LILIAN MARIA MOSER
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • MARCUS VINICIUS RIVOIRO
  • Data: 19 déc. 2023


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  • This dissertation is part of the line of research “Public Policies and the Development of
    Justice” and is based on the analysis of the representativeness of black servants of
    the Court of Justice of the State of Rondônia (TJRO), who occupy commissioned
    positions (DAS) or paid functions (FG). The general rule for investiture in public office
    or employment depends on prior approval in a public tender, with the exception of
    appointments to commission positions declared by law of free appointment and
    dismissal. After overcoming this obstacle of approval in a public tender, opportunities
    for professional recognition were analyzed by occupying a leadership position in the
    institution. The insertion of black people in the public world is a constant struggle for
    equality in the face of a structure historically managed predominantly by non-black or
    brown people, whether in filling positions in the judiciary or in the staff. The population
    of black or brown color or race has severe disadvantages in relation to the white
    population, in which inequality remains regardless of their level of education, leaving
    people with lower paid bodies and less represented in managerial positions, especially
    of higher levels. Black people do not compete on equal terms with white people, as
    these individuals do not start from the same place, perhaps reaching the position of
    leadership and prominence within the institution. Hence the importance of establishing
    racial quotas in the course of public careers, so that blacks, once again, do not suffer
    from institutional racism, only appearing in the initial public position reserved for them,
    without possibility of better remuneration and roles in your career. The objective of this
    work is to analyze whether the racial issue constitutes a factor of exclusion and
    determinant in the choice of civil servants to fill commissioned positions and rewarded
    functions. To this end, it focused on racial issues and the conflict between constitutional
    guidelines and the implementation of effective public policies to combat inequalities. In
    the end, it is proposed the creation of a product that can help in the mitigation of racial
    inequalities within the Rondoniense Judiciary.

22
  • WALTER KRAUSE
  • A inserir

  • Leader : DELSON FERNANDO BARCELLOS XAVIER
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCUS VINICIUS RIVOIRO
  • BRENO DIAS DE PAULA
  • Data: 21 déc. 2023


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  • A inserir

23
  • EMANUELLE FERREIRA LIMA
  • ASPECTS OF ACCESS TO ELECTRICITY IN SPECIAL CIVIL COURTS OF PORTO VELHO/RO

  • Leader : DELSON FERNANDO BARCELLOS XAVIER
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • BRENO DIAS DE PAULA
  • Data: 27 déc. 2023


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  • The objective of this research is to present a possible management mechanism for lawsuits filed by captive consumers of electricity in the Special Civil Courts of Porto Velho, in view of the increase in demands against the concessionaire of the electricity distribution service Energisa S.A, as of the year 2020. To this end, the author intends to carry out a bibliographical and documental research on the volume of lawsuits in consumer matters that have the distributor Energisa as a party before the Special Courts of the District of Porto Velho.

2022
Thèses
1
  • GUILHERME ALEXANDRE MONTEIRO DA SILVA
  • ANALYSIS OF THE TRAJECTORY OF THE WOMAN JUDGE IN THE JUDICIAL POWER OF RONDONIENSE: AFFIRMATIVE ACTIONS FOR GENDER EQUITY
  • Leader : MARCO ANTONIO DOMINGUES TEIXEIRA
  • MEMBRES DE LA BANQUE :
  • AFONSO MARIA DAS CHAGAS
  • DELSON FERNANDO BARCELLOS XAVIER
  • LILIAN MARIA MOSER
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • Data: 14 janv. 2022
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  • This dissertation is part of the research line “Public Politics and the Development of Justice” and is based on the analysis of the presence and role of female judges in the Judiciary in Rondoniense, based on her institution. Although the first and second instances have different forms of entry, the understanding of this phenomenon, that is, the entry of women, is shrouded in nuances of the most diverse orders and that have long supported gender inequality. The analysis of the female magistracy cannot be studied divorced from the male role of judges and depends on this situation to make the due comparisons. The theoretical discussions established point to the verification of a double obstacle encountered by women in ascending to positions of power and decision and continuing to exercise them impartially and independently. The biological factor seems at first to constitute one of these obstacles and can accompany women before entering legal careers as later, given that events such as maternity and marriage demand a high degree of dedication from women, which is not always required from men. The second obstacle is associated with identity factors, considering the stereotypes formed about women, that is, the roles she must assume in order to be accepted by the group where she belongs. The insertion of women in the public world, especially in the magistracy, is a constant struggle for equality against a historically male structure. Finally, the research seeks to demonstrate how these obstacles impact access to and exercise of the profession and points to paths for struggle and engagement. The methods used are descriptive/exploratory and seek, through theoretical analysis and bibliographical review, to conduct a survey of historical and social facts and phenomena and how these relate to the theory of the feminization process of the judiciary in Rondonia. At the end, it is proposed the creation of a product that can help to mitigate gender inequalities within the Judiciary Branch in Rondônia.

2
  • DENISE DA SILVA DE OLIVEIRA FERNANDES
  • MPACTS ON ACCESS TO JUSTICE: THE CONCILIATION HEARINGS OF USUAL LITIGATORS IN THE CIVIL COURTS OF PORTO VELHO - RO
  • Leader : THAIS BERNARDES MAGANHINI
  • MEMBRES DE LA BANQUE :
  • DIEGO DE PAIVA VASCONCELOS
  • OSMAR SIENA
  • THAIS BERNARDES MAGANHINI
  • Data: 27 mai 2022


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  • The objective of this investigation is to search for alternatives on how to reduce the quantitative impact of conciliation hearings on the actions of the Special Civil Courts in the cases of habitual litigators in the four civil courts of Porto Velho, capital of the State of Rondônia. In view of the theme, a question arises, namely: how to manage the impact caused by the accumulation of cases on the conciliation agenda and reduce the damage to procedural celerity? In search of a solution to this demand, this work will be divided into three parts: at first, it will be presented how they are composed and what is the purpose of the Special Courts. In the second moment, we will address the issue of mandatory conciliation hearing, which, despite being totally pro forma in cases of usual litigators, needs to align with the national incentive for conciliation of the National Council of Justice. In the third moment, our demand revolved around the reading and interpretation of the data collected here, which were collected by the Court of Justice of the State of Rondônia (TJ) and are referenced to the year 2019, since 2021 is still is underway and 2020 was an atypical year due to the Covid-19 pandemic, and took place from four points: 1) with the Secretariat of Information and Communication Technology (STIC) of the Judiciary of Rondônia (PJRO); 2) from elements extracted from the Business Intelligence tool Qlik Sense; 3) references published on the Court of Justice's website, specifically in the "TJRO Panels" part, and 4) references published on the Court's own website, specifically in the "Statistics" option on the Internal Affairs Department's website ( CGJ). Among the main information collected are: number of cases, name of plaintiffs and defendants; date of the distribution of the action, of the accomplishment of the conciliation, and if it was fruitful or not, date of the rendering of the sentence; content of the sentence (provenance, groundlessness, without judgment on the merits). With such information, it was possible to determine the groups that litigate the most, the average time between the distribution of the process and the holding of the hearing, the percentage of agreement reached among the main litigants. The most alarming data found was the derisory rate of agreements made by the two largest plaintiffs (responsible for 21% of the agenda) found in the survey: Caerd and Energisa, both with 0.06% and 0.1%, respectively. Finally, in the fourth moment, the creation of a Permanent Conciliation Task Force is presented as an intervention proposal in partnership with the usual litigators within the scope of the civil court.

     

3
  • ANITA MAGDELAINE PEREZ BELEM
  • THE FUNDAMENTAL RIGHT TO ACCESS TO JUSTICE: THE LITIGANT AND DECISION-MAKING PROFILE OF THE SPECIAL CIVIL COURT OF CACOAL/RO
  • Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
  • MEMBRES DE LA BANQUE :
  • LAYDE LANA BORGES DA SILVA ANDRETO
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • THAIS BERNARDES MAGANHINI
  • Data: 22 juil. 2022


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  • The present dissertation has as main object to examine the access to justice in the Special Court of the Comarca de Cacoal/RO, in order to verify if its facets are being respected in the aforementioned court. In addition, to discuss whether the aforementioned guarantee as a Fundamental Right as originally conceived is being met and to verify the claimant and decision-making profile of the aforementioned court in the period from 2017 to 2020. The text focuses on and relates access to justice with the Special Courts through the collection of data promoted at national, state and municipal levels on the issue, using data collected at the National Council of Justice via its Justice in Numbers System and by the Court of Justice of Rondônia, via its Eólis system, developed and administered by its General Justice Department. The approach carried out was quali-quanti in order to demonstrate the existence of a system, Civil Special Courts, idealized, structured and developed to serve a specific segment of the population and that, for various reasons, meets segments (users) and/or other demands. (types of actions) other than those (those) for which it was originally designed, hence the importance of understanding and knowing the profile of its litigants. In this context, the present proposal questions the reasons for the intense judicialization from the survey of empirical data in the unit of Special Courts of Cacoal/RO; describes the litigant and decision-making profile of the Special Civil Court of Cacoal/RO and what would be the effective alternatives to reduce the increase in the number of demands as a result of the analysis of available peacemaking instruments, especially as a condition for establishing judicial policies aimed at optimizing the jurisdictional service, among them, the presentation of an electronic tool with the purpose of giving voice to the jurisdiction with a view to their participation in the implementation of actions to better meet their demands.

4
  • ALEXANDRE JÉSUS DE QUEIROZ SANTIAGO
  • I go by bus”: the role of the Rondônia State Prosecutor’s Office in the defense of public-school transport

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • RICARDO GILSON DA COSTA SILVA
  • DELSON FERNANDO BARCELLOS XAVIER
  • VALMIR FLORES PINTO
  • Data: 1 août 2022


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  • The present research investigates the structure, instruments and forms of judicial and extrajudicial action of the Rondônia State Prosecutor’s Office (MPRO) in the defense of public-school transport and in guaranteeing access to schools in the rural area of the municipality of Porto Velho, in the State of Rondônia, through the Public Prosecutor's Office for Education. Its general objective is to find a methodology for the action of the Public Prosecutor’s Office, as to ensure, in an equitable way, the distribution of resources to guarantee rural school public transport, in order to promote social inclusion, minimize school dropout and guarantee access to school with social quality. In this sense, the problem that underlies the studies is - how can the MPRO act judicially and extrajudicially so that the municipality of Porto Velho guarantees, in the form of the law, school transport as a right of the student and a State obligation? The research is justified by the concern for the rights of students, considering that from 2016 onwards, there was a worsening of the crisis in the supply of public-school transport in the rural area of the municipality, which prevented thousands of students from attending school. Mainly between the years 2017 and 2020, there was a drop of 36.73% in the number of enrollments in the affected schools. With a qualitative approach method, of an applied and exploratory nature, the study uses the bibliographic, jurisprudential and documental research techniques, data collection and case study. After approaching the structure and forms of action of the Rondônia State Prosecutor’s Office in the defense of society and public education, through its branch situated in Porto Velho, the study addresses the right to education with social quality and public transport as a consequence of the right to education. The study is focused on the rural area of the Municipality. After identifying the rural schools and their location, this paper deals with the public transport crisis between the years 2016 and 2020, and then addresses the role of the education prosecutor in this scenario and the existing challenges in achieving the right to education and the availability of public-school transport, as a mission of the Rondônia State Prosecutor’s Office. It analyzes the application of the precepts of the Brasilia Charter as a method adopted by the MPRO as a solution to some of the problems identified. With a purposeful nature, the need to adopt a new model or a new way of acting for the MPRO is discussed. As a result, it presents a proposal for a resolution that seeks to guide the performance of members of the Prosecutor’s Office in the educational field, with the use of information technologies, through systems or applications, in order to build a system of guardianship capable of eliminating inequalities and repairing the educational losses caused to students from the rural area of Porto Velho by the lack of public-school transport.

     

5
  • STÉPHANIE AYRES DE JONGH
  • THE BAILIFFS’ WORK AS STREET-LEVEL BUREAUCRATS IN THE STATE OF RONDÔNIA AND THE IMPACT ON THE HUMAN RIGHTS’ ENFORCEMENT OF THE  A-FUNCTIONAL LETTRISM PEOPLE.

  • Leader : FERNANDO DANNER
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • FERNANDO DANNER
  • MARCIO SECCO
  • ONEIDE PERIUS
  • Data: 20 août 2022


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  • This dissertation analyzes the role of Justice Officers as street-level bureaucrats and the importance of the role of these public servants in facilitating access to justice for people with a-functional literacy. The general objective of the present study was to evaluate how the Rondonian bailiffs have been performing their role for the realization of the human rights of access to justice for people with a-functional literacy. As specific objectives, we have: to present the role of Rondonian Justice Officers as street-level bureaucrats; to carry out a bibliographic review on the concept of a-functional lettering, as well as to investigate whether digital justice could harm the guarantee of the human right of access to justice by Rondonian jurisdictions, especially for part of the population that has difficulties in reading, interpreting language legal system and does not have access to technological means. As for the approach, the qualitative methodology was used. As a procedural methodology, bibliographic and documental research are used. As a data collection technique, interviews were carried out with the Justice Officers of the State of Rondônia through the google forms application and an interview with the Federal Judge of Rio Grande do Norte, through a questionnaire sent via email in order to understand on the application of warrants in the Visual Law format, which facilitated the delivery and understanding of judicial services, a project in which he appears as the creator and largely responsible for the implementation. It appears from what has been researched that Justice Officers, as street-level bureaucrats, play the role of translators of law for those under jurisdiction and facilitate access to justice for people with functional literacy. At the end, suggestions for improving the warrants were presented, a technique that has already been used by other Courts in Brazil, so that the service to the citizen is increasingly humanized and can meet those who need it most, aiming at access to Justice.

6
  • LUIS MARCELO BATISTA DA SILVA
  • SPECIAL AND INCLUSIVE EDUCATION: CHALLENGES AND IMPLEMENTATION OF A MULTIPROFESSIONAL TEAM IN SUPPORT FOR SCHOOL INCLUSION IN THE MUNICIPALITY OF JARU/RO

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • CAROLINA YUKARI VELUDO WATANABE
  • DELSON FERNANDO BARCELLOS XAVIER
  • JOSE FLAVIO DA PAZ
  • Data: 19 sept. 2022
    Ata de defesa assinada:


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  • In view of the specifics of the behavior of children with ASD and the impacts that the lack of adequate teacher training can cause in the interactions with these children in the classroom, the objective of the present research was to identify how the lack of planning, methodologies and educational strategies can affect the inclusive education of children with disabilities. at the Municipal Department of Education (SEMED) in the municipality of Jaru, state of Rondônia in the identification of the population of students from six to 12 years of age with ASD, regularly enrolled from first to 6th years, aiming at their inclusion in two public schools in the elementary school in the municipality of Jaru; as well as verifying and intervening in the physical and pedagogical environment of the school to adapt it to the needs of these students. The methodology employs a qualitative and documentary approach and research-action guided by systematic observation with a structured script, record in files and reports in field diaries for further analysis of the data obtained. Among the procedures, there were six sessions of observation of the interaction of each of the teachers with the nine children with ASD, with an average duration of 60 minutes each session, observation of practices used and description of a typical day of teacher-student interaction with TEA.  Were performed interviews with teachers, pedagogic coordinates, school directors and educational secretary of Jaru Municipality, with objective of their conceptions and difficulties about inclusive special education. The current analysis allowed the identification of some important aspects regarding the school inclusion of children with ASD. As for teacher training, it was noteworthy that the demands brought about by the perspective of inclusion are currently numerous and urgent. Other important aspects that should be is highlighted: the total lack of knowledge on part of educators about assistive technologies and their use in educational activities, the scarcity of technological resources and the numerous barriers thar children with ASD will have to overcome until school inclusion is achieved and effective. The research also pointed to urgent need to implement a multidisciplinary team to provide support to schools, the importance and urgency of curricular adaptations that favor the learning and development of students with ASD and for children with other types of disabilities. Regarding the adaptation of the physical and pedagogic environment, intended to establish partnerships with the municipal government so that the needs of this target audience was met. As a product of this research, a study and a bill were prepared, in partnership with Municipal Secretary of Education de Jaru, aiming at the organization and hiring of a multidisciplinary team that provides specialized care to students with disabilities according to their personal needs. 

7
  • ANA LUIZA PANTE
  • FROM STIGMA TO SUCCESS - THE (IN) ACCESS AND THE (NON) PERMANENCE OF TRANS PEOPLE IN HIGHER EDUCATION - A STUDY AT THE FEDERAL UNIVERSITY FOUNDATION OF RONDÔNIA (UNIR)

  • Leader : ESTEVAO RAFAEL FERNANDES
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • APARECIDA LUZIA ALZIRA ZUIN
  • FERNANDO DANNER
  • SAMILO TAKARA
  • Data: 3 nov. 2022


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  • This research seeks answers to how the Federal University of Rondônia Foundation has acted over the years in access policies to ensure the entry and permanence of trans people in higher education. To this end, the policies were analyzed in order to propose an institutional resolution that can encourage the permanence and training of trans people based on regulations already approved and in use by other federal educational institutions. The intermediate objectives of the research were to investigate the access of trans people within the UNIR, whether in the undergraduate or graduate level; analyze the Higher Councils of IFE normative acts that aim to ensure the rights of trans people to access and permanence in higher education; and propose strategies for action in the access of trans people and their permanence in higher education demystifying certain concepts and establishing new perspectives. The methodological aspects were based on a qualitative research approach, of applied nature and descriptive type, in the procedures were used the systematization and crossing of important concepts such as gender, trans, access to higher education and prejudice

8
  • LEANDRO ROCHA PEREIRA
  • Forensic examination of DNA: human dignity and access to justice in the family courts in the district of Porto Velho, Rondônia.

  • Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • BARBY DE BITTENCOURT MARTINS
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • Data: 18 nov. 2022
    Ata de defesa assinada:


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  • The Every human being is guaranteed the right to know his biological origin, which may be voluntarily or judicially, generating a series of reciprocal obligations between parents and children. In this context, the DNA test is of great importance, because among the evidence admitted in law, this is the most advanced and most likely for the judge to make the most correct decision possible. However, given the importance of such evidence, an exploratory research was preliminarily started, with the purpose of verifying if the condition of hyposufficient caused delay in the paternity investigation actions that depended on the DNA expert examination, thus violating guiding principles of law. In addition, the research aimed to investigate whether the refusal on the part of the State of Rondônia, to bear the costs of the DNA test, concerning paternity investigation processes, in the family courts of the district of Porto Velho, violated fundamental principles, as well as whether there are ways to make access to the DNA test more quickly feasible, in paternity investigation actions, making it possible to reduce the time of waiting for the resolution of the process of the parties supported by the judicial gratuity. As a data collection technique, three interviews were carried out, through theGoogle meet, with legal practitioners, who worked in the 4th court of the family in the period of the aforementioned research (2017 to 2019), as well as analysis of processes related to paternity investigation in the period from 2017 to 2019. It was concluded that due to the delay in carrying out the forensic DNA test, the right to full access to justice is mitigated for the admittedly poor, which violates the guiding principles of the law. As a final product, a draft bill is proposed that expressly guarantees budgetary allocation, together with the executive, to pay for the expert examination to those supported by judicial gratuity.

9
  • FELIPPE FERREIRA NERY
  • EXTRAJUDICIAL METHODS OF RESOLUTION OF LABOR CONFLICTS IN THE STATE OF ACRE
  • Leader : THAIS BERNARDES MAGANHINI
  • MEMBRES DE LA BANQUE :
  • CAROLINA YUKARI VELUDO WATANABE
  • DANIELE ALVES MORAES
  • THAIS BERNARDES MAGANHINI
  • Data: 17 déc. 2022


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  • Brazilian public institutions, linked to the three Powers, have sought ways to solve the problems for the realization of the right of access to justice, due to the excess of demands submitted to the Judiciary, a consequence of the so-called culture of the sentence, which has generated congestion of processes and delays in judicial solutions. Initiatives adopted from Resolution n. 125 of the National Council of Justice (CNJ) has been assumed primarily by the Judiciary, which generates a contradictory effect of motivating consensual and extrajudicial solutions, while such methods are also implemented in the formal structures of the State. In the scope of the Labor Judiciary, this finding is faced with the positioning of Courts that claim that it is not possible to use mechanisms outside the Judiciary to deal with labor disputes, due to the hyposufficiency of workers and the unavailability of rights. The present work therefore aims to analyze the feasibility of private mediation and arbitration for the resolution of labor disputes in the state of Acre from the Conflict Resolution Nucleus installed at the Brazilian Bar Association – Acre Section. The work is important in view of the economic, social and geographic context of the Western Amazon, with the distance and isolation of several communities, and considering the difficulty of access to the Judiciary. In this sense, as a methodology, the work uses the literature review to understand the concepts of the right of access to justice and the possibility of using extrajudicial methods in the context of labor disputes. A quantitative, exploratory, applied research was also carried out with workers, employers and lawyers in the region, with the objective of identifying limits and opportunities for the use of such methods, in order to subsidize the creation of an Extrajudicial Conflict Resolution by OAB Acre.
10
  • NILCILEIA DE QUEIROZ BRAGADO
  • DEAF COMMUNITY AND ACCESS TO JUSTICE IN THE SCOPE OF THE PUBLIC PROSECUTION OFFICE OF THE STATE OF RONDÔNIA

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • CAROLINA YUKARI VELUDO WATANABE
  • JOSE FLAVIO DA PAZ
  • Data: 19 déc. 2022
    Ata de defesa assinada:


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  • This paper addresses the issue of access to justice for the deaf community within the Public Prosecutor's Office of the State of Rondônia (MPRO). The problem that guides the research is what are the barriers faced by the deaf community in access to justice within the institutional framework of the MPRO. The general objective is to identify the actions and means undertaken by the institution in relation to access to justice for the deaf community, as well as to propose a solution that promotes accessibility to communication. The justification has as attention the Law No. 13.146/2015, which established the Law of Inclusion of the Person with Disabilities, intended to ensure and promote equality, rights and constitutional freedoms of these people, in order to promote inclusion and citizenship. As for the methodology, the approach is qualitative, of the descriptive and exploratory type. To achieve the objective, the research was conducted in the Prosecutors' Offices of Porto Velho, capital of the state of Rondônia, in the Accessibility Commission, the Department of Integrated Communication and the Human Resources Management. The methodological procedures were: data survey through Questionnaire in digital media (Google Forms and Microsoft Teams) with 121 servers and 21 prosecutors about the services promoted by MPRO; bibliographic and documentary for the presentation of the historical aspects of the person with disabilities, laws, resolutions, doctrines, ordinances and international standards; As for the nature it is applied, since after the collection and analysis of the research presents a final product, whose proposal is the creation of a digital tool for the deaf community to obtain information and register their demands in the Public Ministry, assisting in the formation of a team of servers trained in the service in Libras. It is concluded that, currently, within the Public Ministry of the State of Rondonia, the deaf community has accessibility to news published on the website through the automatic translator VLibras; on the other hand, in the administrative headquarters of the Public Ministry in Porto Velho, there is not yet a public policy to communication accessibility in serving the deaf community, since there is no staff person qualified for translation and interpretation of Brazilian Sign Language, and there is no assistive technology or cooperation with entities that provide accessibility.

2021
Thèses
1
  • MAXULENE DE SOUSA FREITAS
  • RESTORATIVE JUSTICE AS METHODOLOGY FOR SOCIAL AND PACIFICATION HUMANIZATION  RELATIONS WITHIN THE STATE OF THE COURT OF RONDÔNIA

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • THAIS BERNARDES MAGANHINI
  • CELSO RODRIGUES
  • Data: 16 mars 2021


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  • The present work aims to propose a reflection about Restorative Justice as an effective methodology in the field of transformative responsibility, as well as to build a culture of peace in society, operating the peaceful restoration of social relationships and promoting the recognition of justice as a value. It presents the contours of debates involving the concept, principles, values of Restorative Justice and its structural elements, aiming at the humanization of the judicial system and the achievement of human rights. In a brief historical itinerary, it shows Restorative Justice on the Brazilian national scene and in the actions of the State of Rondonia Court of Justice (TJRO). The justification and relevance for using this methodology as a means of conflict resolution and social pacification is that, as a rule, it is the best way toward democracy, so as to expand and give greater effectiveness in the access to Justice, in its conception of access to a fair legal order. The research delimits as a problem the impact of restorative justice as a tool of transformative ethical accountability, humanization of relationships and social pacification within the state of Rondonia. For the study of the research problem and measurement of its variables, the research was carried out with a qualitative-quantitative, exploratory, descriptive and prescriptive approach, imposing the facts analysis through theoretical research and experiences already developed by national courts, in bibliographic sources, legislation, official documents, data extracted from the official bodies of the National Council of Justice (CNJ), and electronic sites. In order to better understand the reality of Rondonia inland districts, with regard to the topic of study, a semi-structured questionnaire was applied, with the participation of 13 judges and 1 TJRO worker, and 1 judge of the Court of Justice of the Federal District and Territories to compare experiences. It was found that Restorative Justice was originated in criminal justice, for addressing conflicts, but it became the method for relationships and social coexistence. As a final product of the research, it proposes to the TJRO a project for the implantation, diffusion and expansion of this methodology, since it is already used in some districts of this federative unit. In this sense, the main purpose is to contribute to promoting access to the fair legal order, focusing on the better quality of services provided by the Judiciary, aiming at social pacification, through consensual conflict resolution practices, focused on the culture of peace, the fulfillment of the National Policy of Restorative Justice, foreseen in the 2030 agenda of the Judiciary Power, and the State Judicial Policy of Adequate Treatment of Conflicts of Interest.

2
  • KEITE CRISÓSTOMO BEZERRA
  • LOOK FOR US: RESIDENT POPULATION IN LONG STAY INSTITUTIONS FOR ELDERLY PEOPLE IN THE STATE OF RONDÔNIA

  • Leader : CAROLINA YUKARI VELUDO WATANABE
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • ARTUR DE SOUZA MORET
  • CAROLINA YUKARI VELUDO WATANABE
  • Data: 25 mars 2021


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  • The world presents an aging population and a decrease in the provision of family care for the elderly as a reality. In this perspective, the Long Term Care Institutions' social role for the Elderly gains even more relevance. Thus, this research aims to make a diagnosis of the Long Term Care Institutions for the Elderly in the state of Rondônia, intending to subsidize public policies to guarantee respect for the human rights of the elderly. Its specific objectives were: I. Map the Long Term Care Institutions for Elderly People in the state of Rondônia; II. Identify the profile of the institutionalized, as well as the possible determinant causes for institutionalization; III. Discuss the data collected based on the Economic Political Theory of Aging. To this end, applied research was carried out, with the design of the theoretical framework through the technical procedure of bibliographic review and verification of state of the art; two instruments of data collection were used to collect data in field research, systematization of data for analysis of results. The results point that in Rondônia, there are twelve Long Term Care Institutions for the Elderly, of which only one has a public nature, and that together have 394 institutionalized people, of which 43 are not elderly. In this universe, 80.1% are men and 19.9% are women, 64.8% are brown and black, 59.6% are illiterate, 63% are single, 58.6% do not have children, 56.2% do not receive visits, and 36.5% are semi-dependent. The two main stakeholders who are responsible for the institutionalization of the elders are the Municipal Social Assistance Secretariats and the Specialized Social Assistance Reference Center (SEMAS / CREAS) (27.9% of the cases) and the families (26.9%). Health problems are the primary cause of institutionalization (37.8% of cases). Of the reported violence, physical violence was the highest incidence, accounting for 57.8% of patients, and children as the most significant violators, in 44.7% of cases. Thus, it was possible to consider the existence of a discard situation and social invisibility of institutionalized elderly or non-elderly people in the state of Rondônia related to age, race, class, gender, degree of dependence, marital status, education, and profession. The creation of an assistance and attention network for the elderly is urgent to support their needs.

3
  • GISELE DIAS DE OLIVEIRA BLEGGI CUNHA
  • UHE Tabajara: falhas no EIA/RIMA e violações aos Direitos Humanos das populações locais.

  • Leader : RICARDO GILSON DA COSTA SILVA
  • MEMBRES DE LA BANQUE :
  • AFONSO MARIA DAS CHAGAS
  • APARECIDA LUZIA ALZIRA ZUIN
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • RICARDO GILSON DA COSTA SILVA
  • SILVIO SIMIONE DA SILVA
  • Data: 29 mars 2021


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  • The construction of hydroelectric projects has invariably followed a logic of invasion of large regions not yet inserted in the capitalist economy, and that should supposedly benefit from the economic development that the project could provide to the local population. However, what was noticed by the cases that already occurred in the country was the adoption of a system of total appropriation of territories occupied by local populations, involuntary displacements, unrepaired social damage, limiting the participation of people in the decision-making process, evidencing a devastating scenario of denial of rights. It can be affirmed, after observing several concrete cases experienced in the Amazon region, that violations of the rights of local people are naturally accepted by the economic segment and by the State. The evaluation methodologies that artificially reduce the area of influence of the projects are adopted by a voluntary act of the consortiums aiming at the reduction of social costs and the maximization of corporate profits. Such considerations were dealt with in sections 2 and 3 of this work. Regarding the case study of theTabajara project, the research carried out in the process of environmental licensing and in the EIA/RIMA, developed by the enterprise, it was revealed serious inconsistencies and disrespect for the environmental legal system. It can be said that the impact study presented is inept and useless for the purpose of assessing environmental and social impacts. The defects are so serious that it is questioned whether it would be better for the Licensing Agency to demand new impact studies, instead of just requesting corrections. The failures of the EIA / RIMA were addressed in sections 4, 5 and 6. Among the main biases, the following stand out: a) undersizing the size of the reservoir and the flood areas; b) undersizing the areas of direct and indirect influence; c) undersizing the number of people, families and groups affected; d) exclusion of communities from damage repair programs, invalidating relevant characteristics of their socio-cultural diversity; e) negative impacts on several Indian tribes in the region, without any mitigation or compensatory program related to these territories; d) denial of the existence, in the work’s area of influence, of groups of isolated indigenous people wandering around the site; e) registration of the affected and deficient and incomplete population, with exclusion of people and groups from the survey; f) incomplete and methodologically inadequate mapping of traditional activities performed in the area of influence of the work, such as family farming, fishing, extractivism, animal husbandry, etc.; g) omission of information on the degree of dependence of traditional groups on the natural environment; h) failure to identify impacts that may imply a risk of genocide among isolated indigenous groups living in the southern part of Indigenous tribe Tenharim-Marmelos; i) among other defects. The impact relativization strategy used in the EIA / RIMA is obvious. This method was intentionally employed in order to facilitate the approval of the project before the Licensing Agency. In view of this scenario of failures and omissions in the document produced, the research carried out proposed a series of corrections, in section 6, which will need to be carried out to improve the quality and efficiency of the previous studies of theTabajara project. If such corrections are not made, numerous violations of people’s human rights, including families and communities will take place in that location. Finally, in the last section of the research, guidelines obtained by the analysis of national and international legislation were gathered, as well as guidance manuals produced by independent institutions, which point to the best practices to be followed by the Government and the business sector in licensing processes of major works of development in the Amazon.

4
  • VALDIRENE ALVES DA FONSECA CLEMENTELE
  • LAND LEGALIZATION AND THE HUMAN RIGHT TO HOUSE IN PIMENTA BUENO / RO
  • Leader : RICARDO GILSON DA COSTA SILVA
  • MEMBRES DE LA BANQUE :
  • RICARDO GILSON DA COSTA SILVA
  • APARECIDA LUZIA ALZIRA ZUIN
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • MÁRCIO DOUGLAS BRITO AMARAL
  • Data: 2 avr. 2021


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  • This research has as its theme the implementation of the right to housing from the perspective  of human rights, debating issues related to land regularization in the municipality of Pimenta Bueno, in  Rondônia, in areas involving clandestine allotments. With the concepts of city and its evolution, the  objective is to draw up guidelines that allow to visualize an interaction between the right to the city and  the right to housing in the form recommended by the human rights, which encompass the right to  decent housing, and it is imperative that cities should seek to guarantee the offer of housing with  conditions of habitability in appropriate places and easy access to all social layers. Several problems  arose with urban expansion caused by disorderly land occupation, imposing that legislation seek  efficient mechanisms for land regularization. In Pimenta Bueno, there was the identification of several  clandestine allotments, in a total of thirty-three areas between 2015 and 2018, of which the Public  Prosecutor's Office of the State of Rondônia filed sixteen public civil actions, aiming at the regularization  and accountability of the lotter and the public sector. Associations were established with the purpose of  requesting and adopting all the necessary measures for regularization through Reurb-E by the lots’  purchasers. In this context, the intention is to analyze this issue, verifying with the competent agencies  and judicial proceedings whether the Institute of Reurb-E had shown itself capable of regularizing the  clandestinely allocated areas. The problem of the research aims to answer whether with the application  of the Institute of Reurb-E the right to housing, seen from the perspective of human rights, will be  implemented in favor of families who acquired land in clandestine allotments in Pimenta Bueno. Finally,  the conclusion is that greater participation is necessary in the municipality of Pimenta Bueno, including  the reframing of allotments for Reurb-S in the case of low-income occupants and the assumption of all  procedures and costs for regularization. This institute, if well used, can be considered an important tool  in urban expansion with a focus on decent housing for families involved in the form recommended by  the Federal Constitution and under human rights.

5
  • VALDENIA GUIMARAES
  • ANALYSIS OF THE EFFECTIVENESS OF PARENTALITY AND DIVORCE WORKSHOPS ON FAMILY STICKS IN PORTO VELHO - RO
  • Leader : THAIS BERNARDES MAGANHINI
  • MEMBRES DE LA BANQUE :
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • RICARDO BERND GLASENAPP
  • THAIS BERNARDES MAGANHINI
  • Data: 14 avr. 2021


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  • By the end of a stable relationship, couples seek the judiciary to discuss issues of custody, food and living on behalf of their children, with the judicial sentence being the solution to the dispute. The conflict generated by the divorce or dissolution of the stable union is not necessarily resolved by the end of the dispute. Given that, the judiciary system has established conciliation and mediation as appropriate methods of conflict resolution, which, added to parenting workshops, an interdisciplinary educational program, seek to stimulate the reflection of the participants, replacing a litigation culture by a peace culture. Parenting workshop presents itself as an educational, preventive and multidisciplinary program, aimed at families facing conflicts related to the exercise of parenthood dissociated from conjugality, targeting on pacifying relationships and helping couples in separation process to create an effective and healthy parental relationship with their children. The major focus of this study is to investigate the execution of parenting workshops in Porto Velho Family Courts, located in Rondonia State, and to verify if the participation of partakers allows a greater number of agreements regarding conciliation and mediation, as well as if the dynamics of the work carried out helps to avoid excessive dependency of the judicial system to resolve conflicts. Upon confirmation of parenting workshops’ success, the objective is to extend this methodology per a project for schools in Porto Velho, proposing an action to reflect on conflicts related to the end of relationships and access to the legal system. The research was based on quantitative and qualitative methods and sought to describe, quantify and interpret the data gathered. In order to verify the point of view of workshop participants, we sought to chart out the information from the Final Assessment, a questionnaire prepared by the National Council of Justice to assess and express an opinion on the work developed. The data collection of the family court conciliators and mediators was carried out applying structured interviews. At first, the research sought to know how Justice Courts throughout the nation are mobilized to implement parenting workshops, afterwards, the organization and implementation of parenting workshops, at Rondonia Justice Court in Porto Velho Family Courts was studied. Sources analysis allows inferring that parenting workshops have become a viable public policy to settle conflicts in most of Judicial Centers for Conflict Resolution and Citizenship in the country. In Porto Velho, workshop participants demonstrate being sensitized and available to discuss processes related to their children. The interviewed conciliators and mediators understand that the workshop participants have a more positive behavior and are more available to dialogue and to arrange agreements. In summary, the national judiciary system has an effective device for preventing and non-violently resolving conflicts, capable of promoting a major role to the partakers and instigating a culture of peace.

     

6
  • FLÁVIA ALBAINE FARIAS DA COSTA
  • EXTRAJUDICIAL STRATEGIC ACTIONS OF THE PUBLIC DEFENDER´S OFFICE OF THE STATE OF RONDÔNIA (DPE-RO)  FOR THE IMPLEMENTATION OF SCHOOL INCLUSION MEASURES FOR CHILDREN AND ADOLESCENTS WITH DISABILITIES: “PROJECT TOGETHER FOR SOCIAL INCLUSION”

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • CAROLINA YUKARI VELUDO WATANABE
  • VITOR DE AZEVEDO ALMEIDA JÚNIOR
  • Data: 29 avr. 2021


  • Afficher le Résumé
  • This research aims to bring reflections on the extrajudicial performance of the Public Defender's Office of the State of Rondônia (DPE-RO) to assist in the effectuation of the inclusive education for children and adolescents with disabilities in the District of Colorado do Oeste / RO. The research problem is about how to detect and instrumentalize the kinds of extrajudicial strategic actions that can be taken, aiming to assist in the effectuation of concrete measures of school inclusion of this group of people in this District.The work is justified in view of the importance that the right to education has for the achievement of autonomy and dignity for a group of people marked by a history of exclusion and prejudice, in addition of the múnus that the researcher exercises as a Public Defender and, therefore, , an instrument for the promotion of human rights. The research methodology uses a qualitative and quantitative approach, with bibliographic, documentary and field research procedures for data collection in public schools. To complement the studies under analysis, there was also the use of the procedural method of action research, in view of the practical experience with the “Project Together for Social Inclusion”. At first, important concepts about the universe of disability and the right to education of people with disabilities are visited, with the predominance of the bibliographic method. Subsequently, institutes that justify the performance of the DPE-RO in favor of this group of people are brought to the fore, with emphasis on the Institution's performance as custos vulnerabilis, as well as debating types of actions that can help in the pursued objective, wich it gives through the bibliographic method and through the analysis of experiences of other Defenders and Public Defenders in face of the theme. Next, theoretical reflections on capacitism within the school environment and the changing needs of the school space are proposed, after which field research is used through semi-structured questionnaires, in addition to interviews with education professionals and on-site visitation in seven public schools in the region. The analysis of the information obtained with the field research allowed to verify the existence of innumerable barriers in the public education entities for the realization of the right to education of students with some type of disability, thus observing the discrepancy between the legal institutes addressed and the local reality. In view of the methods employed, it was possible to map the local reality according to the social model of disability, which considers disability as a consequence of the interaction between the subject's characteristics and social barriers. Through these considerations, it proposes a set of extrajudicial and strategic measures to be adopted by the “Together for Social Inclusion Project” so that the local school reality is closer to the international and national normative precepts that address the theme, using all the concepts and data worked in the course of the research, whose primary objective is to promote extrajudicial strategic action in favor of the social inclusion of people with disabilities, especially with regard to the right to education.

7
  • ISABELA CRISTINA PALUDO
  • FROM THE JUDICIARY TO SCHOOLS: SCHOOL MEDIATION PROGRAM FOR THE COURT OF JUSTICE FROM RONDÔNIA
  • Leader : THAIS BERNARDES MAGANHINI
  • MEMBRES DE LA BANQUE :
  • THAIS BERNARDES MAGANHINI
  • OSMAR SIENA
  • LAYDE LANA BORGES DA SILVA ANDRETO
  • Data: 3 mai 2021


  • Afficher le Résumé
  •  

    This study’s motif consists in presenting the conflict mediation as a different way of dealing with conflicts, passing over the walls of the courtroom to assist in the construction of a culture of peace. This study major objective was a proposal for a School Mediation program for the Court of Justice of Rondonia (TJRO). Specifically, there was the exposure of conceptual and legal elements of mediation and its applicability, the expansion to school mediation was described and the existing projects in Brazilian’s Justice Court were inquired, including a case study in two national courts which have this practice already established. The analysis was delimited in the Justice Courts of Amapa and the Federal District. The common aspects among the Courts studied were analyzed, where it was identified the difficulties faced, existing limits, important aspects for consideration, methodologies and the results detected in these Courts. Such study assists in implementing a proposition of a similar project in the Rondonia State Justice Court. As a methodological procedure, the multiple study was adopted, with reservations about some impossibilities duo the pandemic experienced in this period, using as technique of data collection documents investigation, bibliographic research, informal conversations and open interviews. The results obtained allowed to identify that the existing initiatives started with community mediation. Based on daily reflections and perceptions, the school environment was chosen for the extension of mediation, as well as mediation training initially for employees, teachers and collaborators; the need to integrate students and community was perceived; and partnerships were made. Mediation is emphasized as a proposal for daily transformation and not only for teaching of techniques. The experiences studied and analyzed subsidized and inspired the elaboration of a proposal for the mediation school of the Rondonia State Justice Court with the objective of promoting a culture of dialogue and autonomy for conflict resolution and, in such a way, reducing the number of disputes and existing processes, as well as instigating a culture of peace.

     

     


     

8
  • DAYAN SARAIVA DE ALBUQUERQUE
  • THE INFLUENCE OF THE SCENIC ORGANIZATION OF THE COURT OF THE JURY OF PORTO VELHO ON THE DECISION-MAKING OF JURIES

  • Leader : RODOLFO DE FREITAS JACARANDA
  • MEMBRES DE LA BANQUE :
  • FRANKLYN ROGER ALVES SILVA
  • LUIZ ANTONIO BARROSO RODRIGUES
  • RODOLFO DE FREITAS JACARANDA
  • Data: 7 mai 2021


  • Afficher le Résumé
  • The present study investigates the influence of the scenic organization in the jurors decision making. The primary objective is to determine whether and how the design of the Porto Velho courtroom affects the jurors decision. The mixed sequential method was adopted in order to obtain quantitative and qualitative data capable of answering the research problem. Data were collected from the judgments of the Porto Velho jury courts, as well as 9 (nine) jurors from the states of Rondônia, Rio de Janeiro, Minas Gerais, Paraná and Pernambuco were selected for semi-structured interviews. The data obtained were treated using the software Nvivo from QSR International and Microsoft Excel 2010. The results showed that the jury courtroom scenic organization does in fact influence the jurors, but not to the point of decisively interfering in the final outcome of the trial. From the findings provided by the research, two products are presented at the end. The first, a short course for the jurors and the second, new layouts for the judgment hall, with the aim of softening the impact of the scenic organization and guaranteeing equality of arms.

9
  • PALOMA CARVALHO LIMA

  • JUDICIAL POWER AS A FORUM: JUDICIAL GOVERNANCE AS AN INSTRUMENT OF ACCESS TO JUSTICE

  • Leader : RODOLFO DE FREITAS JACARANDA
  • MEMBRES DE LA BANQUE :
  • AUDARZEAN SANTANA DA SILVA
  • ESTEVAO RAFAEL FERNANDES
  • RODOLFO DE FREITAS JACARANDA
  • Data: 21 mai 2021
    Ata de defesa assinada:


  • Afficher le Résumé
  • The public policy of landholding regularization in the city of Porto Velho/RO, in 2012, which origined “Programa Uso Campeão”, elaborated in the form of an agreement between the City Hall and the Public Defender's Office, was at the heart of the incentive to filing of adverse possession actions, to obtain judicial declaration of ownership of irregular lots in the city. However, one of the biggest ones impacted by this public policy, the Judiciary, should not initially be part of the process in question. We sought to understand the consequences of this lack of integration between the public entities involved and the judicialization of these demands, mainly in the Civil Courts, as well as to propose measures that facilitate the performance of the Rondônia’s Judiciary, when faced with the judicialization of public policies linked to the right to housing and any other related to rights closely related to the city. The research is qualitative, empirical, as well as bibliographic and documentary, since information was sought from the PJ / RO data systems regarding the distribution and processing of these processes, investigating further, using the Actor-Network Theory methodology - in view of the interdisciplinary nature of the theme -, the main difficulties encountered by those involved in the legal proceedings to achieve the final objective of the said policy.

10
  • SHARLENE FABRÍCIO DE SOUZA MUNIZ
  • THE PRECAUTIONARY ARRESTS OF MOTHERS OF CHILDREN: ANALYSIS OF THE DECISIONS OF THE RONDÔNIA STATE COURT OF JUSTICE AFTER THE HABEAS CORPUS 143.641 OF THE STF

  • Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
  • MEMBRES DE LA BANQUE :
  • BARBY DE BITTENCOURT MARTINS
  • FERNANDO DANNER
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • Data: 28 juin 2021


  • Afficher le Résumé
  • The historic judgment by the Supreme Court of habeas corpus n. 143.641, which collectively granted the order to all pregnant women and mothers of children up to 12 years of age or in the custody of people with disabilities, substituting their preventive detention for home detention, brought the realization of this right which, despite recognized, had been despised. This made society turn its eyes to the situation of incarcerated mothers, deserving a deeper analysis on the subject. It is important to highlight that the study on this special protection of the mother that is in prison system will seek to analyze the principles involved and the measures that are being adopted for the realization of fundamental rights, from the perspective of human rights and the development of justice. Consequently, it is necessary to analyze the reservations dictated in that decision, considering the difficulties of the Courts in carrying out the decision of the Federal Supreme Court. This study considered the position of the Court of Justice of the State of Rondônia, adopting the type of research by sampling decisions of 2nd Instance on the subject from January 2019 to June 2020. A qualitative and applied approach was taken, aiming to generate knowledge for practical application, as well as an exploratory type with bibliographical and documentary research, using the knowledge of renowned authors to study the fundamental principles involved in guaranteeing the rights of mothers incarcerated and their children, in addition to the jurisprudence that have addressed the subject, making a selective, critical and analytical study on why many decisions are still not applying the understanding set forth by the Supreme Court. Therefore, it can be concluded that, despite the Federal Supreme Court having adopted a leading role in decisions of great social repercussion, the Courts of Justice have faced the dilemma of applying society's right to punish and reprimand a crime, or apply the special protection of the family and the dignity of the human person, specifically the child whose mother is segregated.

11
  • CRISTIANO GOMES MAZZINI
  • The (un)access to justice and the use of technology as a disruptive technique of effectiveness

  • Leader : CAROLINA YUKARI VELUDO WATANABE
  • MEMBRES DE LA BANQUE :
  • CAROLINA YUKARI VELUDO WATANABE
  • GUILHERME RIBEIRO BALDAN
  • KEITY MARA FERREIRA DE SOUZA E SABOYA
  • Data: 7 déc. 2021


  • Afficher le Résumé
  • The present research aims to analyze the use of technology as a disruptive technique of effectiveness and guarantee of access to Justice, in a pandemic period and of great litigious demand. Nowadays, there is a huge procedural backlog pending examination by the Judiciary, mainly due to the litigious culture existing in Brazil, an issue aligned to an important number of claims that do not reach the Judiciary, because of the difficulty in accessing it. Thus, in face of this reality, one of the ways to solve this problem is to take advantage of Online Dispute Resolution (ODR), which consists of using the resources of technology for Alternative Dispute Resolution - ADR, whether these arise exclusively from legal relationships entered into in virtual space, or whether they originate from legal relationships established in the "real" world. Therefore, the use of technology to solve controversies is a feasible and necessary means, considering that many conflicts, such as those caused by traffic accidents, can be solved out of court, through ODR, without the need to move the state apparatus and, by reflection, result in procedural economy and speed. As methodology, a bibliographical research was conducted based on scientific articles published in national journals, books, theses and dissertations that dealt with alternative means of conflict resolution, especially online, and their true collaboration with access to justice. Hence, with this scenario, a prototype application was developed focusing on problems related to traffic accidents in the state of Rondônia, as an initial pilot for the use of ODR in the Rondônia Judiciary. As results, we have the prototype of the application that seeks to solve the demands related to traffic accidents, in order to reduce the backlog of lawsuits in Porto Velho, which are costly and slow, which has prevented access to justice.

2020
Thèses
1
  • LUCAS NIERO FLORES
  • THE JUVENILE CRIMINAL REINCIDENCE IN THE JUDICIAL DISTRICT OF PORTO VELHO: ALTERNATIVES AND SOLUTIONS

  • Leader : RODOLFO DE FREITAS JACARANDA
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • RODOLFO DE FREITAS JACARANDA
  • SERGIO WILLIAM DOMINGUES TEIXEIRA
  • Data: 5 mars 2020


  • Afficher le Résumé
  • The entry of adolescents from the socio-educational system of admission to criminal justice, when they were of legal age, was, until then, an immeasurable universe in the district of Porto Velho, State of Rondônia, Western Amazon. In addition to alarming rates of violence in the northern region of Brazil, it was found that 70% of adolescents discharged from the socio-educational system enter criminal justice when they reach the age of criminal responsibility. We sought to discover the family composition of these adolescents, the level of education, among other factors, in order to understand, supported by criminology, the reason for committing criminal offenses. In the end,
    alternatives and solutions are suggested to reduce this percentage.

2
  • APARECIDA MARIA DA SILVA FERNANDES
  • Central of Electronic Processes - CPE1G: the technological modernization of the Court of Justice of the State of Rondônia in favor of the citizen and access to Justice.

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • CAROLINA YUKARI VELUDO WATANABE
  • RICARDO GILSON DA COSTA SILVA
  • VALMIR FLORES PINTO
  • Data: 9 mars 2020


  • Afficher le Résumé
  • This paper aims to present the Electronic Process Center – EPC -, its installation, operation and working methodology. The EPC intends to comply with the model that Brazilian Courts of Justice, in order to readjust their institutional policies, combined with new dialects, have promoted to include technology and innovation in their systems, for the management of both projects and people. The main objective of the EPC is to streamline and improve jurisdictional activities, in order to enable a larger number of processes worked per user, compared to the traditional registry, strengthened by the concentration and uniformity of work methods. In that sense, the future vision strategic plan involved management variables, implementation process, systemic and methodological approach readjustment. The purpose of this paper is to analyze the application of the methodological technique of EPC, through mixed, bibliographic and documentary research, in three moments: a) historical research on the creation of the EPC; b) field research in the form of open and closed questionnaires, interviews in areas of interest (OAB, jurisdictional, EPC collaborator) going from the major premise to the minor premise that is the effectiveness of technology adapted to reality, as well as the access to Justice and citizenship; c) completion, of indicative and suggestive character, with the application of inductive method, and implementation of the project and presentation of the EPC study with the descriptive management report. We conclude that EPC is an innovative management project, and to work properly, must be taken into account: social responsibility for access to Justice; assistance to those under it’s jurisdiction, as established in the right to transparent information and dialogical communication; humanized work space as a prerogative for the quality of judicial service; the performance of many actors, in this case, the harmonic performance of the EPC team with each order and before the institution (TJRO) and society.

3
  • JULIO CESAR DE SOUZA FERREIRA
  • FOREST CRIMES IN RONDÔNIA: DIAGNOSIS OF THE PERFORMANCE OF THE STATE PUNITIVE SYSTEM

  • Leader : CAROLINA YUKARI VELUDO WATANABE
  • MEMBRES DE LA BANQUE :
  • CAROLINA YUKARI VELUDO WATANABE
  • PEDRO COLANERI ABI-EÇAB
  • RODOLFO DE FREITAS JACARANDA
  • Data: 11 mars 2020


  • Afficher le Résumé
  • Amazon is the most extensive tropical forest cover on the planet, and its preservation
    is a topic debated in the largest and most important forums of the international
    community. Unfortunately, the devastation of the Amazon is increasing in the last
    years, due to the criminal activities of groups that exploit it illegally. The lack of data on
    these environmental crimes makes it difficult to make decisions regarding the
    development of effective public policies to combat deforestation. Thus, the goal of this
    research was to realize a diagnosis regarding forest crime in Rondônia to support the
    development of public policies and justice development. Rondônia is relevant in this
    scenario since the state is fully included in the deforestation arc of the Amazon
    rainforest. As methodology, a quantitative and qualitative study was carried out on
    crimes against flora within the state of Rondônia, presenting numbers of occurrences
    by location and year, as well as comparing the records with the other phases of criminal
    prosecution, demonstrating the action of the different organs of investigation and
    repression. The procedures adopted were bibliographic and documentary research,
    and survey through semi-structured interviews. The researcher also placed himself in
    the condition of a participating observer concerning investigations of environmental
    crimes. Data were collected from official documents, like (i) police records of crimes
    against flora, in the last decade (2013-2018) in the state of Rondônia, (ii) statistical
    data on criminal proceedings and police investigations in progress and (iii) data
    collected in interviews with police officers of Rondônia. As a result, it was found a state
    inefficiency in dealing with the issue of forest crimes, from the low level of elucidation
    to the weak punishment and the consequent increase in this type of crime. The results
    obtained could subsidize public policies to better combat deforestation in the region,
    consequently reducing deforestation in the legal Amazon.

4
  • CAMILA BATISTA FELICI
  • THE CHAOS OF THE PRISON AND THE REGIONALISATION OF THE PRISON OF ALVORADA DO OESTE: THE VISION OF THE RELATIVES OF PRISONERS. 

  • Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
  • MEMBRES DE LA BANQUE :
  • CAROLINA YUKARI VELUDO WATANABE
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • SERGIO WILLIAM DOMINGUES TEIXEIRA
  • Data: 12 mars 2020


  • Afficher le Résumé
  • This essay presents as discussion the regionalization process as a new proposal to prison management. Its objective is to evaluate the development of a regionalization project applied in penitentiaries from Rondônia, which began in 2017, demonstrating the case of Alvorada d’Oeste city prison as the first one to undertake this new policy. Its rationale bedrock is that regionalization is a public administration’s attempt to accomplish the demands from the Criminal Execution Law. It further intents to reflect on the importance of the prisoner’s family as an instrument to social reestablishment and on the difficulties detected in promoting prisoner visitation. The proposed analysis methods are descriptive and active qualitative research targeted on how the “Centro de Ressocialização de Alvorada d’Oeste” regionalized prison is for prisoners and their families, and how remission incentive public policies are being applied to all prisoners. Existence of inequality was observed in the treatment provided to male and female prisoners. Female prisoners are not granted professional training courses or external work. The prison has an insufficient number of wardresses and there are no wardens to monitor boundary guardhouses. The prisoners are granted remission programs through study and reading. The results indicate that the State should reevaluate the treatment given to prisoner’s families, guarantee the right of access to family visitation to prisoners who were transferred from their initial cities, adjustment of visitation days, allowing them to occur more frequently, likewise improvement policies that contribute to prison management. In conclusion, as a final product to be developed within the scope of Alvorada d’Oeste’s prison system, it proposes recommendations to the “Secretaria de Segurança Pública do Estado de Rondônia (SEJUS)” and administration from the “Centro de Ressocialização de Alvorada d’Oeste”.

5
  • SAIERA SILVA DE OLIVEIRA
  • SOCIAL MEDIATION: AN ALTERNATIVE PROPOSAL FOR THE SOLUTION OF COLLECTIVE SOCIAL CONFLICTS
  • Leader : THAIS BERNARDES MAGANHINI
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • LAYDE LANA BORGES DA SILVA ANDRETO
  • THAIS BERNARDES MAGANHINI
  • Data: 13 mars 2020


  • Afficher le Résumé
  • Economic development understood as a human right that falls within the order of the capitalist system serves as a discourse to legitimize necessary growth. However, it has harmful intentions for the economic system. The analysis of the universalization and relativization of human rights discusses the construction of the Santo Antônio plants and their developments as milestones of capitalist development and their social reflexes in the Bairro do Triângulo. The theoretical reference framework is the imposition of Human Rights as a spectrum of economic development, based on the specific principles of peoples' self-determination, minority rights and respect for human dignity, in contrast to the disorders especially to the populations surrounding the region affected by the construction of the Santo Antônio hydroelectric plant. Difficulties unfold on several fronts, from the Consortium's neglect in dealing with these social issues to the successive interventions by the government over the neighborhood. The research aims to demonstrate that alternative conflict resolution systems, such as social mediation, are transforming options capable of resolving complex social conflicts, proving that it is a means for the realization of human rights in places of high social vulnerability. The methodology applied will be field research with data collection through interviews, written and oral records to understand residents as a traditional community. For the research, a qualitative and quantitative approach was adopted, of an applied nature, with an exploratory and descriptive objective, by means of bibliographic and documentary procedures, data collection through fieldwork and semi-structured interviews. It was found that today we have instruments that can be used for the purpose of promoting Human Rights, being able to implement them in places where there is a social vulnerability, caused by public actors and large companies. However, it is important to visualize that the Judiciary is not the only and exclusive way of realizing these rights, but part of a multiport system that makes up our legal system today.

6
  • DANILO AUGUSTO KANTHACK PACCINI
  • GESTÃO E TECNOLOGIA: A CENTRAL DE PROCESSOS ELETRÔNICOS (CPE) COMO POLÍTICA PÚBLICA DE MELHORIA DO ACESSO À JUSTIÇA EM PORTO VELHO, RO

  • Leader : CAROLINA YUKARI VELUDO WATANABE
  • MEMBRES DE LA BANQUE :
  • CAROLINA YUKARI VELUDO WATANABE
  • GUILHERME RIBEIRO BALDAN
  • THAIS BERNARDES MAGANHINI
  • Data: 17 mars 2020


  • Afficher le Résumé
  • Access to justice is considered one of the main fundamental rights of the citizen, as it is an instrument of guarantee of other individual and collective rights, from the removal of facts impeding the full development of the human person and the participation of all in the economic, political and social organization. the country's social The slowness in the proceedings is one of the biggest problems faced by the judiciary, cause of disbelief and obstacle to access to justice. Management proves to be a viable way to overcome the difficulty. The readjustment of the structures of the judiciary is indispensable to make access to justice in its broadest sense a reality. The Electronic Proceedings Center, a single court notary that attends, executes and performs the acts of the traditional notary, taking advantage of the massification of the electronic process in the State, appears in Rondônia as an instrument of control and management of the judicial units. The general objective of this research is to evaluate the viability of the unit as a public policy to combat delays and as an instrument to facilitate access to justice, if it can be considered an expansion model for the Rondônia Court of Justice, especially considering the fact that that the new structure, although already implemented, does not have studies on the effectiveness of its performance. As research problems are discussed: (i) the evolution of the concept of access to justice; (ii) procedural slowness, analyzed from the perspective of the reasonable time principle of the process and the identified causes of this lethargy; (iii) the discussion of public policies and the identification of those adopted by the TJRO, with the purpose of facilitating and expanding access to justice, the national electronic process, and especially the Electronic Process Center (CPE), with local development and deployment format; (iiii) the analysis of the functioning, results and productivity data of CPE and jurisdictional units. It is important to clarify that in the discussion of research problems, electronic process is treated as genre, of which PJE is species. The method used in the research, regarding the approach, is quantitative and qualitative; in the data processing phase the exploratory logic. The research examines the existing conditions and the results achieved by the CPE in order to assess whether public policy is effective in combating procedural delays and improving access to justice, as there are still few ongoing studies.

7
  • JOSE ANTONIO ROBLES
  • The omission of the State of Rondonia from the lives of homosexuals, bisexuals and other exclusionary persons who declare themselves to be homosexuals during the serving of their sentence

  • Leader : ESTEVAO RAFAEL FERNANDES
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • DELSON FERNANDO BARCELLOS XAVIER
  • JOHNNY GUSTAVO CLEMES
  • Data: 25 mars 2020


  • Afficher le Résumé
  • This work aims to explore the problem of proper treatment of homosexual people when they are taken to prison for the purpose of preserving their human rights. To this end, contents on human rights, penitentiary law and a mapping of the prison structure in Brazil are worked on, with emphasis on aspects of the prisons in the State of Rondônia, in order to produce conclusions on what measures can be taken to improve the treatment given to the population referred to here. It is evident that in Brazil there is a culture of rare state concern about the lives of homosexuals while incarcerated, even after their release. When homosexuals are taken to prison, they are placed in overcrowded cells, often next to highly dangerous interns, becoming targets of sexual abuse, if not extorted, tortured and/or humiliated through dehumanizing speeches, at various levels. The lack of structure for adequate treatment of this class of prisoners reveals that the State does not invest in effective public policies to provide specific cells, security, educational or technical-professional activities in order to ensure dignified treatment for homosexuals and their full re-socialization. Among many important measures in the construction of public policy for adequate treatment of the homosexual population, this work suggests the construction of legislation that presents basic elements so that the rulers and other actors acting in the penitentiary system provide adjustments from the structure to the treatment of such population.

8
  • ROMULO BASSETTI DE SOUZA
  • Access to Justice in Judicial Center of Dispute Resolution and Citizenship of the Rondônia State

  • Leader : OSMAR SIENA
  • MEMBRES DE LA BANQUE :
  • OSMAR SIENA
  • THAIS BERNARDES MAGANHINI
  • ERASMO MOREIRA DE CARVALHO
  • Data: 27 mars 2020


  • Afficher le Résumé
  • The high demand and the volume of judicial proceedings in progress in the courts motivated the search for alternatives that, in addition to providing access to the jurisdictional system, would promote access to Justice, that is, the access of every citizen to a fair legal order. In this sense, alternative or consensual methods of conflict resolution, such as conciliation and mediation, are recognized models of instrumentalization of this field of study. Resolution No. 125 (RES 125/2010/CNJ), authored by the National Council of Justice (CNJ), represents this path in the country by creating a National Judicial Policy (PJN) for Adequate Treatment of Conflicts of Interest. At the heart of this rule is the creation of the Judicial Centers for Conflict Resolution and Citizenship (CEJUSC), which act as articulators in the execution of this PJN with the community, through activities such as: procedural and pre-procedural ceremonies, others alternative mechanisms, use of the support network, assistance and citizen guidance; among other measures that aim to stimulate the culture of social pacification. The problem concerns the implementation of these centers in Rondônia. Even after almost a decade of Public Policy (PP) created by RES 125/2010/CNJ, and six years after the installation of CEJUSC in the State of Rondônia (CEJUSC / RO), the information provided is, until today, insufficient to verify the quality of services offered to the population. Thus, the objective of this work was to analyze to what extent the performance of CEJUSC / RO is in conformity with the PJN for Proper Treatment of Conflicts of Interest, having access to Justice as the guideline of this activity. It is an applied research, with a qualitative approach, from a descriptive perspective, whose procedures used are based on bibliographic and documentary surveys, in addition to observations and interviews with the protagonists of this reality: users, lawyers, civil servants and magistrates. The results show that there is some access to Justice in the CEJUSC / RO, however the performance is not fully aligned with the PP that instituted it, lacking attention as to the important dimensions, such as alternative dispute sector, team training, publicization and evaluated processes. these deficiencies hinder the dissemination of a culture of peace. Among the suggested measures, a compliance model for verifying the alignment between the PP and the activities performed in the centers is indicated as the product of this study. This implementation control was represented in the form of a didactic monitoring process on key axes of action of the CEJUSCs. It is believed that the continuous monitoring of activities can contribute to the optimization of the work developed by concentrating efforts on critical areas and points of action, also assisting in the re-planning of actions to expand the PJN for the treatment of conflicts in the Western Amazon.

9
  • RENATA MIRANDA DE LIMA
  • Human rights clinic in higher education institutions in the state of Rondonia: A tool for promoting rights and access to justice

  • Leader : ESTEVAO RAFAEL FERNANDES
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • OSCAR FRANCISCO ALVES JÚNIOR
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • Data: 30 mars 2020


  • Afficher le Résumé
  • It is known that education in Human Rights has become a constant agenda in educational policies. In the state of Rondônia, several violations have already been registered and for the best confrontation of this issue is the possibility of creating a Human Rights Clinic. In this sense, the research presents a feasibility study and the project for the implantation of the Clinic in the State of Rondônia with the objective of contributing to the realization of human rights

10
  • IGOR VELOSO RIBEIRO
  • POLICY FOR PIGEONS: THE [IN]ACCESS OF TRANSVESTITES, TRANSGENDER AND TRANSSEXUALS TO THE UNIQUE HEALTH SYSTEM IN RONDONIA

  • Leader : ESTEVAO RAFAEL FERNANDES
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • PEDRO PAULO GOMES PEREIRA
  • ROSANGELA APARECIDA HILARIO
  • Data: 8 avr. 2020


  • Afficher le Résumé
  • The objective of this research is the analysis of the lack of access of transvestites, transgenders and transsexuals to the Public Health System (SUS) in the state of Rondônia, notably to the Transexualization Process (PrTr). The look is launched on the human sexual/identitarian difference, through the interdisciplinary dialogue of the fields of human rights; health law; studies of sexualities and gender. In order to elaborate criticism and present a proposal of possible public policy to be executed within the logic of the SUS rondoniense/amazonic/peripheral, I resorted to studies affectionate to coloniality (postcolonial and decolonial); to participant anthropological observation, [auto]ethnographic register and to queer theory, which in turn, positioned this work through an experimental methodology. This research is of mixed methods, with a qualitative, descriptive and applied approach, using the queer method, decolonial epistemological disobedience and [self-]ethnography as methodological tools.

11
  • JOESER ALVARES DA SILVA
  • Indigenous Peoples and Mining in Rondônia: Histories, Traditions and Law

  • Leader : MARCO ANTONIO DOMINGUES TEIXEIRA
  • MEMBRES DE LA BANQUE :
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • RICARDO GILSON DA COSTA SILVA
  • NILSON SANTOS
  • LILIAN MARIA MOSER
  • Data: 27 avr. 2020


  • Afficher le Résumé
  • Several indigenous ethnic groups across the Amazon have a long history of contact with the prospecting activity, sometimes as an exogenous element, practiced by non-indigenous people, sometimes embedded in their own communal daily practices as an alternative economic activity within a historical tradition. With the legislative imbroglio that occurred after the Constitution of 88 regarding the regulation of mining in indigenous lands, the fierce militancy on the big mining companie lobbyists and other gold diggers cooperatives, combined with the interests of politicians notoriously committed to the ruralist landowning, and , recently called “evangelical”, have accelerated in the sense of liberating the Indigenous Lands already demarcated, or in the demarcation phase, for mining, showing the economic dispute for the subsoil in these territories. In opposition to this movement, on the other hand, associations and NGOs in defense of indigenous peoples, environmental organizations and even some governmental departments of protection and control, argue to the contrary, positioning themselves favorably to projects that privilege sustainability and the self-determination of peoples in these areas. Parallel to these disputes, indigenous and non-indigenous people have been mining illegally in almost all areas already demarcated, causing, in general, serious environmental and social damages, especially to indigenous communities. Thus, we intend to identify ahead, certain perspectives that can unravel the understanding of the complexities involved, considering some technical elements and historical traditions, intending to contribute to this research, in order to broaden the understanding of the problems involved in its relationship with Human Rights, through of making a documentary film, intending to hear the voice of some of the main protagonists affected by the referred problem in Brazil and, especially, in the Rondônia State.

12
  • GUSTAVO DANDOLINI

  • QUILOMBO AND ACCESS TO CRIMINAL JUSTICE WE WANT: A CASE STUDY IN PEDRAS NEGRAS

  • Leader : MARCO ANTONIO DOMINGUES TEIXEIRA
  • MEMBRES DE LA BANQUE :
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCUS VINICIUS RIVOIRO
  • AFONSO MARIA DAS CHAGAS
  • Data: 29 avr. 2020
    Ata de defesa assinada:


  • Afficher le Résumé
  • The present work addresses the issue of identification, territoriality and social confrontation of the Quilombolas community of Pedras Negras, located in the municipality of São Francisco do Guaporé, in Rondônia. Established in the 18th century, as a customs post, later as a colonial military square and, finally, a black territory of extractive communities, Pedras Negras survived from activities linked to rubber (Hevea brasiliensis) Poaia (Carapichea ipecacuanha), from Brazil Chestnut (Bertholetia excelsia) and, from subsistence agriculture of Cassava (Manihot esculenta). In current times, ecotourism and ethnic, sports and environmental tourism have gained space in the region and the community has had access to new forms of income and work. The population of Pedras Negras has been seeking to regularize their ancestral territories since 2004. The process demanded from INCRA, produced an RTID (Technical Report on Identification and Delimitation) that has been paralyzed by instances of the Conciliation Chamber of the Presidency of the Republic since 2010 In 2016, INCRA issued Ordinance 175 / Incra / 2016, which recognizes the community's territoriality and allows access to credits and infrastructure, but the final title has not progressed. In addition to the struggle for land tenure regularization, marked by sparse progress and long periods of paralysis, members of the quilombola community suffer from practices of institutional racism and diverse violence. In 2019, a violent death shook the entire population of Pedras Negras and prompted police authorities to issue preventive detention for 5 members of the quilombo. This work proposes to analyze the recent evolution of the process of land regularization in the Community of Pedras Negras and the confrontations faced by the resident population in the face of arbitrary practices that have been preventing the definitive title of their territory. Specifically, the work focuses on the case of the arrest of a group of quilombolas in the community, notable as political leaders and managers in the region. As a research method, a wide review of bibliographic production, documentary research with INCRA, MPF, MPE / RO, TJ / RO, UNIR and Public Defender was carried out. Along with documentary research, the action research technique was developed to better recognize the community and the tensions experienced in extra-community relationships. The results demonstrate that the community has been suffering severe shakes in its stability and that the conflicts experienced, weaken its permanence and expose the area to the interests of large capitalist groups, intensifying the confrontation between quilombo residents and representative sectors of public authorities.


13
  • RINALDO FORTI DA SILVA
  • Children and Adolescents victims of violence and special hearing in Rondônia: proposal to avoid revictimization. 

  • Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
  • MEMBRES DE LA BANQUE :
  • MARCUS VINICIUS RIVOIRO
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • THAIS BERNARDES MAGANHINI
  • Data: 10 juin 2020


  • Afficher le Résumé
  • The main objective of this dissertation is to optimize the special hearing in Children and Adolescents who are victims or witnesses of violence in order to minimize secondary traumas, which normally occur in the process of disclosing and holding the abuser accountable. Although the proposed product serves all the members of this group (children and adolescents who are victims or witnesses of violence), due to the need to rationalize the research and considering the potentially more traumatic condition, we chose to cut out the target audience, focusing on children and adolescents victims of sexual violence. During the research, the historical development, concept and Rights of Children and Adolescents are addressed, as well as the definition, legal and statistical aspects in relation to sexual violence. Specifically, the special hearing was studied, pointing out its evidential content and its relationship with crimes involving sexual violence. As a case study, the programs related to the procedure of listening to children and adolescents in the State of Rondônia are presented, and then pointing out the product of the research, which is a center specialized in the reception and humanized treatment of children and adolescents who are victims or witnesses of both physical and sexual violence

14
  • ACIR TEIXEIRA GRECIA
  • HUMAN RIGHTS AND ACCESS TO JUSTICE: Itinerant Justice as a public policy of access to Justice for traditional riverside populations in Rondônia

  • Leader : DELSON FERNANDO BARCELLOS XAVIER
  • MEMBRES DE LA BANQUE :
  • ARLEN JOSE SILVA DE SOUZA
  • DELSON FERNANDO BARCELLOS XAVIER
  • SERGIO WILLIAM DOMINGUES TEIXEIRA
  • Data: 10 juil. 2020


  • Afficher le Résumé
  • The Itinerant Rapid Justice Operation that takes place in the State of Rondônia has the objective of bringing the population of the riverside communities closer to the right of access to Justice, and in the district of Porto Velho on the bank of the Madeira River, the Judiciary together with the other  public institutions by river achieve this objective during certain periods of the year.  However, it appears that this social group is located in places of difficult access, which undermines the full exercise of citizenship and, consequently, of the right of access to Justice.  Thus, as an object of this scientific research, it is necessary to recognize this reality, as well as to analyze the realization of this right through the Itinerant Rapid Justice Operation and the public institutions involved, as well as the need to expand this right through the  improvement of this public policy.

15
  • JOSE JORGE RIBEIRO DA LUZ
  • TORTURE SURVEYS IN PRISONAL UNITS IN PORTO VELHO-RO: the (in) visibility of torture and proposals to face the problem

  • Leader : RODOLFO DE FREITAS JACARANDA
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • RODOLFO DE FREITAS JACARANDA
  • SERGIO WILLIAM DOMINGUES TEIXEIRA
  • Data: 9 oct. 2020


  • Afficher le Résumé
  • The present paper deals with the investigation of torture practiced within prison walls, in the capital of Porto Velho, state of Rondônia. The theoretical framework is studied from a worldwide, regional and local perspective, addressing the periods of dissemination of the practice of the Inquisition to the Brazilian military dictatorship, discussing the most relevant points, especially in the historical periods when those kinds of practices were "institutionalized," inherent to the real or state functions themselves, positivized and applied by the Philippine Ordinances.  As a general goal, it's intended to carry out a research on the inconclusive Police Inquiries, where the alleged crime of torture occurred in a prison unit, and supposedly was committed by a state agent, in order to establish the obstacles to the progress of the investigation of these crimes in its several modalities. The deductive method is applied, as well as the bibliographic and documental research, the referent, the categorization based on the typification of the crimes committed and their agents identified as authors and the operational description of the terms. We conclude that there is evidence of torture occurring in all the prison units analyzed, due to a complexity of factors such as cultural, those resulting from overcrowding, lack of working conditions, impunity, and other factors, suggesting a series of confrontation projects, which go through periodic recycling of agents, through non-torturing training, re-education for Human Rights and it's transversality, new ways of valuing the career of prison staff, incorporating technologies for measuring nonviolent performance, among other measures.

16
  • WANDERLEY JOSE CARDOSO

  • The excessive judicialization of social security demands

  • Leader : MARCIO SECCO
  • MEMBRES DE LA BANQUE :
  • MARCIO SECCO
  • RODOLFO DE FREITAS JACARANDA
  • GUILHERME RIBEIRO BALDAN
  • Data: 16 oct. 2020


  • Afficher le Résumé
  • The concept of justice and the means of its access generally address the prospect of reaching the judiciary. We argue that access to justice precedes the action of the judiciary and must be observed in every structure of the State. The realization of rights must be promoted through accessible, democratic and fair institutions. However, what is verified in the current scenario is that public agencies create excessively bureaucratic obstacles and, even, contrary to legal norms. An example of this is the problem of the large number of lawsuits generated by administrative rejection by the National Institute of Social Security (INSS), which uses stricter criteria than those required by the courts. The systematic non-observance of judicial precedents represents violations of the beneficiaries human rights, in addition to causing a huge public expense for the judicialization of social security claims. Thus, the objective of this research is to find an instrument to increase the administrative and fair resolution of social security demands. The nature of the research is applied, using a qualitative approach to the problem. From the point of view of the objectives, the research presents itself as exploratory and descriptive. As an investigative method, bibliographic review and data collection will be used.

17
  • MOISÉS VICTOR PESSOA SANTIAGO
  • Overview of jurisdictional action in domestic violence cases in Porto Velho based on the reasonable duration of the process.

     

  • Leader : OSMAR SIENA
  • MEMBRES DE LA BANQUE :
  • ADRIANA RAMOS DE MELLO
  • OSMAR SIENA
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • Data: 16 déc. 2020


  • Afficher le Résumé
  • After the edition of the Maria da Penha Law, specific courts were created to judge criminal actions involving domestic violence. More than ten years later of validity of the law, the gap created by the scarcity of research with an empirical aspect in the subject raised the need for the matter to be analyzed with the depth and criteria that scientific research imposes. Allied to this issue is the discussion about what is the duration of a judicial process in a reasonable time, generating the question about how such constitutionally provided for law should be understood. The proposed objective was to describe the management of criminal acts of domestic violence against women in Porto Velho from the perspective of human rights and the reasonable duration of the process. Therefore, four hundred criminal cases judged with merit, in 2018, in the Rondônia Capital Court, were analyzed in order to verify whether there is a delay in the judicial delivery. Data were also collected regarding the types of sentence in order to detect possible impacts of time under the design of the processes. The results demonstrate non-observance of the procedural deadlines, be it in the actions with the defendant arrested or released, both in the police phase and in the judicial phase, even in the processes considered newer, that is, those that processed faster. It was also identified that the longer these actions last, the greater the probability of absolute judgments due to insufficient evidence, and that the absence of the victim's testimony contributes to the delivery of this specific type of sentence. It is believed that the observance of the reasonable duration of the process in the criminal actions of domestic violence is a necessary measure. Lastly two initiatives were proposed: the use of a label to assist in the control of deadlines and the draft of an internal ordinance to establish routines for monitoring procedural deadlines, optimizing flows and document models.

     

     

18
  • MARISA DE ALMEIDA
  • JUDICIAL PERFORMANCE IN RONDÔNIA AS A MEANS OF INTERLOCUTION BETWEEN ACTORS IN CONFLICTS IN THE SOCIO-ENVIRONMENTAL CONTEXT
  • Leader : OSMAR SIENA
  • MEMBRES DE LA BANQUE :
  • FRANKLIN VIEIRA DOS SANTOS
  • OSMAR SIENA
  • THAIS BERNARDES MAGANHINI
  • Data: 16 déc. 2020


  • Afficher le Résumé
  • This paper deals with judicial action in the State of Rondônia as a means of interlocution between those involved in conflicts in the socio-environmental context. The objective of the study is to describe the panorama of socio-environmental conflicts in the State of Rondônia and to propose a way for the Judiciary to act in a way that has a more appropriate treatment for these types of conflicts. A documentary research was carried out using data and indicators of socio-environmental conflicts and, in a descriptive perspective, an analysis was made of how the judiciary acts in litigation, based on decisions focused on the legal problem-issue related to socio-environmental conflicts. 63 processes related to conflicts involving the Santo Antônio and Jirau Hydroelectric Plants were analyzed, as well as to agrarian conflicts, which comprise the period from 2006 to 2020 (agrarian) and 2010 to 2020 (Hydroelectric Power Plants)
    about four thousand cases. In addition, the main types of conflicts raised in the survey are related to the historical flood (2014), the Madeira River's disruption and silting up, conflicts involving fishermen (reduction of fish) and conflicts over land. As a result of the research, it was identified that most of the cases that obtained a decision at the Rondônia Court of Justice were unfavorable (72%) to those directly or indirectly affected by the works of the Hydroelectric Plants, with only 26% partially proceeding. Another fact is that divergences in decisions based on technical reports produced to identify these conflicts were found, demonstrating that technical reports, not infrequently, were not enough to convince magistrates. Another point that drew attention in the lawsuits was the fact that the riverside residents and other communities belonging to the Madeira River basin were not recognized as traditional communities, both in the initial petitions and during the proceedings, with rare exceptions. Finally, the present work sought to propose alternatives so that the judicial protection of the State of Rondônia can come to solve the demands with effective tools capable of contributing to a coherent and proportional analysis of conflicts and their socioenvironmental interferences, in addition to incorporating ecological law fundamental to support the solution of disputes. A Socio-Environmental Conflict Monitoring Center is proposed to assist civil servants and seek improvement in judicial provision.

     

19
  • ANDRE VILAS BOAS GONCALVES
  • THE PERFORMANCE OF PUBLIC DEFENSE AS CUSTUS VULNERABILIS IN THE COLLECTIVE CONFLICTS FOR THE LAND PROPERTY IN PORTO VELHO AS A PROTECTIVE ELEMENT OF HUMAN RIGHTS

  • Leader : RODOLFO DE FREITAS JACARANDA
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • MAURÍLIO CASAS MAIA
  • RODOLFO DE FREITAS JACARANDA
  • Data: 18 déc. 2020


  • Afficher le Résumé
  • The work historically analyzes the colonization of the city of Porto Velho and the state of Rondônia, the use of the ENFITEUSE institute, the violation of the human right to housing, and proposes a way of procedural rule developed to ensure that the process is not used as an instrument human rights violator. The work analyzes the form of colonization of the state of Rondônia and the city of Porto Velho to build the reference of how the economic cycles that followed influenced the local housing deficit. The study initially looked at the legal institutes involved in the situation. Based on all of this, it makes an analysis of the 5 renewal waves of access to justice and how the Public Defender, as an intervener custus vulnerabilis can act as an element of protection and promotion of human rights to ensure that the process is not violate Human Rights of the vulnerable. From a qualitative, descriptive approach, with bibliographic-documental methodology, were analyzed the declaratory and mandatory decisions of a repossession process that involves a collective of vulnerable people occupying an area given to a private citizen in ENFITEUSE by the municipality. It was proven that the analyzed process was used to legitimize the violation of human rights of the parties involved. In the end, the author presents recommendations to the Court of Justice, the Public Defender's Office, the Public Prosecutor's Office and the State of Rondônia to avoid and reduce the damage that the forced removal (eviction) of people may cause.

20
  • FABIO AUGUSTO ALMEIDA DO NASCIMENTO
  • THE JUDICIARY, Agrarian CONFLICTS AND HUMAN RIGHTS: AN ANALYSIS OF THE JUDICIARY'S PERCEPTION IN RELATION TO CONFLICTS FOR THE LAND IN RONDÔNIA
  • Leader : RICARDO GILSON DA COSTA SILVA
  • MEMBRES DE LA BANQUE :
  • AFONSO MARIA DAS CHAGAS
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • RICARDO GILSON DA COSTA SILVA
  • SILVIO SIMIONE DA SILVA
  • Data: 23 déc. 2020


  • Afficher le Résumé
  • The concentration of land ownership stems from a historical process in which the interest of landowning individuals was imposed on traditional, indigenous, quilombola communities and families with an agricultural vocation, limiting the production spaces destined for them, and intensifying the dispute over the territory, scenario which is well evident in the state of Rondônia, a frontier of recent Brazilian occupational expansion. Despite the Federal Constitution dealing with agrarian reform, the inefficiency and lethargy of public policies resulted in the evolution of agrarian conflicts, aggravated by the high number of deaths and injuries on all sides. In this scenario, the resolution of possessory actions often demands better treatment from the Judiciary, including shifting certain demands to a specialized Court, with the aim of providing claimants with a quick and efficient resolution of the dispute. In the meantime, the importance of the Court of Justice of the State of Rondônia, which through its collegiate Plenary, decides which actions will be treated as land tenure, however, the empirical observation revealed that there is apparently an interpretive dichotomy of the concrete cases according to reference standard used, civil law or agrarian law. Therefore, the objective of this research is to analyze the nature of agrarian conflicts in the state of Rondônia and the way the judiciary has behaved for its resolution, especially with regard to the dispute of rights, whose solutions are apparently guided by the positivist theory to the detriment from the jusagrarista perspective. To achieve the research objectives, the quantitative and qualitative approach and descriptive exploratory research were used, making use of bibliographic and documentary procedures analyzing the solutions given by the Rondônia State Court of Justice to the cases already submitted to judgment, identifying the fundamentals used to recognize, or not, the existence of the conflict, establishing statistical analysis of the judgments made in the last five years. As a fundamental support for the research, the respective local and national laws that regulate the theme were also analyzed.

2019
Thèses
1
  • SAMILE DIAS CARVALHO
  • Victims of the femicide in the judicial district of Porto Velho: who we are, how we are battered, who harasses us and how justice treats us

  • Leader : CAROLINA YUKARI VELUDO WATANABE
  • MEMBRES DE LA BANQUE :
  • CAROLINA YUKARI VELUDO WATANABE
  • MARIA DAS GRACAS SILVA NASCIMENTO SILVA
  • OSMAR SIENA
  • Data: 19 mars 2019


  • Afficher le Résumé
  • Violence against women is a form of violation of human rights. Their confrontation is a continuous challenge because their origin and perpetuation are rooted in the patriarchal culture of society. In a manifest attitude of combat to this type of violence, in 2015 Brazil included feminicide as a qualifier for the crime of homicide when it is practiced for reasons of the female sex. Despite the recommendation of several legal instruments, such as the Convention of Belém do Pará and the Maria da Penha Law, for the systematization of information on violence against women, the lack of data is a constant problem. In this perspective, the objective of this work was to subsidize the decision making on public policies to combat feminicide in Porto Velho. The specific objectives were: (i) to ground the fight against feminicide, (ii) to map the cases of femicide in Porto Velho city at Rondônia state, from 2015 to 2017, and (iii) to offer a technical report with systematized data from this mapping. For this, in the methodological aspects, it was used the deductive logic and descriptive statistics procedures. It is characterized as applied research, predominantly quantitative and documental. A study is carried out on the evolution of laws and other normative acts to combat violence against women, at international, national and regional levels. The origins, concepts, and distinctions between the terms femicide and femicide, as well as the species developed in the academic field on the latter's forms, are also discussed. An instrument was developed to collect data on the profile of female victims and their aggressors, information on the context of the aggression and the legal treatment given to the case. The data were collected from crime processes against life in the region of Porto Velho distributed between 2015 and 2017. The results indicated that almost 20% of the processes distributed had at least one female victim, of which about 45% considered feminicide by the complaint of the Public Ministry. More than half of the victims were at that time between the ages of 18 and 32 and single marital status. The majority of the perpetrators are male, and in more than 60% of cases, they were the victim's current or former partner. The preponderant aggression was committed on Sundays with a white weapon and in more than 30% of cases resulted in death.

2
  • JORGE LUIZ DE MOURA GURGEL DO AMARAL
  • Justice within the reach of all: a proposal to simplify language in civil jurisdiction.

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • VANIA SICILIANO AIETA
  • RICARDO GILSON DA COSTA SILVA
  • CELSO RODRIGUES
  • Data: 19 mars 2019


  • Afficher le Résumé
  • Inspired by a campaign carried out by the Associação dos Magistrados Brasileiros (AMB) in 2005, and basically proposing the simplification of the legal language used in judicial decisions, the proposal of this work intends to go beyond the evident need for this simplification of language, to make it easy for the recipients of judicial decisions to understand how the process is developed and what motivations underlie the decisions, the meaning and the scope of such decisions using understandable reasoning. It was pointed out that, although the different areas of knowledge have a particular technical language, in the law purview this technical discourse seems to have functioned as a factor of exclusion. Thus, justice, including the proposal of solutions to the difficulties of access and humanization of the services it offers, finds in the chosen theme to identify the obstacles and to make the justice system effectively accessible to its users, among the low-income and school-age populations, considering the peculiar vulnerability condition. The problematization consisted of: how to make the Judiciary available to citizens through the simplification of language in civil jurisdiction, and what socioeconomic and cultural obstacles make communication between the Tribunal de Justiça de Rondônia - TJRO and citizens impediments to access to Justice? The general goal is to present how the simplification of language can be an important model for access to justice in order to facilitate a responsible, clear and ethical communication between the Judiciary and citizens. For the development, the following methodological strategies were intended to be implemented: a collection of relevant bibliographic material, with a theoretical basis and/or research foundation, in an interdisciplinary perspective in the study of legal argumentation, communication, language, sentence motivation and contemporary theories of law and access to justice. Then, to propose the final product: the glossary of legal language, containing in it the "translation" in a popular/simple language, which serves as a facilitator for the citizen's understanding of some legal language terms that appear in the case (technical and unknown terms to ordinary citizens). When the glossary is ready, the proposal still extends to the insertion in the site of the TJ-RO; the electronic tool that translates the terms into a usual, easy and accessible language, with the main purpose of making the citizen understand the paths of a case. Therefore, when accessing the process, through the number already established, the interested party just have to place the cursor on the procedure that it will appear the explanation in a usual language. The product meets the need to offer the jurisdictional, who even without legal knowledge will know what is happening with their process. As a result of this, it’s necessary to elaborate the translation of the most common procedures of the TJ-RO judicial processes; thus the citizens can have better access to justice through the simplification of language.

3
  • CATIA CRISTINA DA SILVA
  • N/A

  • Leader : ESTEVAO RAFAEL FERNANDES
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • MARIA BERENICE ALHO DA COSTA TOURINHO
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • THAIS BERNARDES MAGANHINI
  • VINICIUS VALENTIN RADUAN MIGUEL
  • Data: 21 mars 2019


  • Afficher le Résumé
  • N/A

4
  • HARUO MIZUSAKI
  • The female prison population of Ji-Paraná and the re (verse) of the Maria da Penha Law.

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • RICARDO GILSON DA COSTA SILVA
  • CELSO RODRIGUES
  • Data: 21 mars 2019


  • Afficher le Résumé
  • This work has as its theme the phenomenon of the increase of the female prison population in the Brazilian prison system. For the purpose of identifying the contingent of female prisoners and analyzing the profile, the study was limited in the case of female imprisonment in the state of Rondônia, based on the Infopen Mulheres Report, 2nd edition, published by the Ministry of Justice and Public Security and the National Penitentiary Department, in 2017, about the female prison population per unit of the Federation, where she reports that Rondônia has 721 women deprived of their liberty, ranking 16th in the list (2017). It also has as a focus the identification of the reasons why these women committed crimes, therefore, the need to distinguish the hypothesis that women are effectively victims of gender violence in the domestic sphere, those other situations in which they act as author, co-author or participant in criminal offenses, so that the result in the treatment is differentiated and fairer in each situation that are effectively different; because we assume that some women are coerced into committing crimes in favor of their companions (or even with them), or in favor of those who have a power over them, especially of an economic or affective nature, consequently they can not be penalized same way as those in different circumstances. The LMP - Lei Maria da Penha (Law No. 11.340 / 2006) is analyzed, in which it has, according your summary, mechanisms that have the purpose of curbing domestic and family violence against women, under the terms of art. 226, §8, of the Federal Constitution of 1988, the Convention on the Elimination of All Forms of Discrimination against Women, and the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, among other measures. However, despite the passage, many obstacles still surround the application of LMP, material (lack or inefficacy of services) and personnel, ranging from the ignorance of the Law by the population, to the diversity of understanding between law enforcers. The qualitative research was carried out in two stages, the first being the adoption of documental and bibliographical methodological procedures with emphasis on Human Rights and the Maria da Penha Law; and the second one of participatory observation, with application of 24 questionnaires and interviews done at the Ji-Paraná Women's Penitentiary (RO), on 12/17/2017 to 01/14/2018 and 01/21/2018, with inmates who participation, with the collection of the following data: state of origin, age group, color or race, education level, marital status, family composition, religion, socioeconomic condition measured by the minimum wage in Brazil, number of children, and orientation sexual. This sociodemographic profile of the female population deprived of liberty in this penal establishment constitutes the basis for analyzes and subsequent proposals for the fulfillment of their rights as women. As final products proposes the Project of the Law that transforms the sole paragraph of art. 310, Decree-Law no. 3,689 of October 3, 1941, Code of Criminal Procedure, in paragraph 1, adds other provisions and gives other measures and the production of the Human Rights Booklet for Women of the state of Rondônia with the respective legal frameworks, whose purpose is the Human Rights Education for women and the general public.

5
  • JUCILENE NOGUEIRA ROMANINI MATTIUZI
  • THE USE OF SOCIAL NAME IN THE COURT OF JUSTICE OF RONDÔNIA

  • Leader : DELSON FERNANDO BARCELLOS XAVIER
  • MEMBRES DE LA BANQUE :
  • BRUNO VALVERDE CHAHAIRA
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • Data: 22 mars 2019


  • Afficher le Résumé
  • The postmodern period has been marked by violent acts, prejudice and disrespect of the LGBT population. History records the most varied suffering of those who express their sexuality and / or gender identity differently from that perceived as "normal" by a heterosexist society. Prejudice is revealed not only in acts of physical aggression, it is revealed in insult, contempt, discrimination, intolerance, everyday violence in refusing to call the person by their
    social name. It is a current debate of undeniable relevance, and, despite the fact that there is
    no federal law that supports the modification of the civil name due to gender identity, does not
    mean absence of right, and the High Courts have been aware that society is plural and the
    need to promote the good of all without prejudice, according to art. 3º, IV, of Brazilian
    Federal Constitution. In this context, the Federal Supreme Court (STF), in a recent decision,
    made it possible for transgenders to change name and gender directly in the Civil Registry
    Office. The Supreme Electoral Tribunal (TSE) understood that transgender candidates could
    use the social name in the ballot box from the 2018 elections and made it possible to use the
    quota reservation according to gender identity. Therefore, "transgender or simply trans
    persons are those covered by an "umbrella expression", used to designate persons who have a
    different gender identity from the one corresponding to biological sex" (TSE, Query n
    0604054-58 / DF, 2018) and the discrepancy between physical appearance and information in
    the birth certificate causes embarrassing and humiliating situations in the daily life of these
    people, which justifies being treated by the social name, since the gender identity is derived
    from the principle of human dignity, from equality, from prohibition to discrimination, as well
    as being a manifestation of the individual's personality. The present work aims to propose the
    normatization of the use of the social name by transgender in the Court of Justice of
    Rondônia, so it makes a reflection on the violence due to sexual orientation and gender
    identity, demonstrating the increasing index of murder by crimes of hatred in Brazil,
    especially against Trans people, and that the refusal of society and the State itself to treat trans
    people by the social name is a violation of human rights. We used a qualitative, descriptive
    and bibliographic procedure for research development. The result of the study will
    demonstrate the need to overcome historical prejudices and eradicate homophobic violence in
    favor of a more just, citizen society that respects diversity and promotes human rights.

6
  • DANIELA CHRISTINA KLEMZ ELLER SITYA
  • Domestic and Family Violence Against Women in the State of Rondônia

  • Leader : OSMAR SIENA
  • MEMBRES DE LA BANQUE :
  • ARNEIDE BANDEIRA CEMIN
  • CAROLINA YUKARI VELUDO WATANABE
  • OSMAR SIENA
  • Data: 26 mars 2019


  • Afficher le Résumé
  • Preliminary investigation indicated that the judicial provision offered by the Tribunal de Justiça do estado de Rondônia  (TJRO) to women who suffer domestic and family violence seems to lack improvements, in the forms of treatment and resolution of cases involving gender violence. In this context, the research aimed to answer the following question: what are the characteristics of the Judiciary of Domestic and Family Violence (VDFCM) and what actions are aimed at improving the judicial performance and for the full implementation of the Maria da Penha Law in the judicial sphere of the State of Rondônia can be proposed? Thus, the general objective was to characterize the judicialization of the demands of domestic and family violence against women and to propose actions aimed at improving the jurisdictional provision and for the adequate implementation of the Maria da Penha Law (Law 11.340 / 06) in the judicial sphere of the State of Rondônia. The research, in general, has a quantitative approach because it has identified the VDFCM scenario in the State of Rondônia in numerical and statistical terms, notably based on the judicial data between the years 2012 to 2017, in the 23 districts of the State. It also has a qualitative approach, as it also sought to understand how the phenomenon occurs in the studied universe and what are the possibilities of improving the jurisdictional performance of women in situations of domestic and family violence, considering the local and environmental peculiarities where the phenomenon is presented. Regarding the objectives, the research is descriptive, since it describes the characteristics of the occurrence of the phenomenon of domestic and family violence against women in the State of Rondônia and the way that the PML has been applied by the TJRO. As for methods, strategies and techniques, the study was based on documentary research, based on data from TJRO databases, and from the analysis of decisions and judgments handed down in legal proceedings related to the object studied. The results indicate that the judicial units of the State of Rondônia are not responsible for actions, structure, partnerships, staff, training of professionals, castories flows and protocols capable of effective and integral compliance with the LMP. There is also a shortage of social programs outside the scope of the Judiciary and even in it, such as institutional projects and policies, or the establishment of partnerships with other institutions and powers, in order to guarantee service through the so-called "network" and the legal provisions already mentioned in Art. 8th of the LMP. In this sense, according to the study carried out, in order for the State Judge to exercise its pacifying role and for the effective solution of such conflicts, specifically in the VDFCM subject matter, of such complex and specific nuances, the justice system must rethink their traditional practices and have in the social control provided by criminal law only an auxiliary tool to deal with cases involving gender violence.

7
  • DALLIANA VILAR LOPES
  • n/a

  • Leader : ESTEVAO RAFAEL FERNANDES
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • CAROLINA YUKARI VELUDO WATANABE
  • GUSTAVO DA FROTA SIMÕES
  • Data: 26 mars 2019


  • Afficher le Résumé
  • n/a

8
  • SABRINA CORONA BUTZKE
  • N/a

  • Leader : ESTEVAO RAFAEL FERNANDES
  • MEMBRES DE LA BANQUE :
  • ESTEVAO RAFAEL FERNANDES
  • MARCIO SECCO
  • SANDRA MÁRCIA NASCIMENTO
  • Data: 27 mars 2019


  • Afficher le Résumé
  • N/a

9
  • CLAUDIA VIEIRA MACIEL DE SOUSA
  • The semi-open regime in the electronically monitored house arrest: panoptic or solution? 

  • Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
  • MEMBRES DE LA BANQUE :
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • SERGIO WILLIAM DOMINGUES TEIXEIRA
  • THAIS BERNARDES MAGANHINI
  • Data: 29 mars 2019


  • Afficher le Résumé
  • The execution of the semi-open regime in the electronically monitored house arrest in Rondônia is the object of the present research. Patent the need to study the implementation of this new model of execution for the semi-open, established as a problem: how has been the application and what are the impacts of the ME in the implementation of the semi-open regime in Rondônia? The specific objectives that were set out were: to investigate which and how many state districts have transformed the semi-open regime into an electronically supervised home and how many prisoners are in this condition, as well as to answer the question as to which of the two models: prisoners in a penal colony and, , can be considered more efficient. In order to do so, the number of serious faults attributed to the distressed of both models was stipulated as an efficiency criterion, in the period of twelve months. The hypotheses are based on the feasibility of replacing the place of fulfillment of the penalty of the semi-open regime to the domicile supervised electronically, starting from the assumption that, although for its necessary effectiveness a legislative change, is the model under study, as a measure that favors the humanization of punishment. The field survey, besides evaluating the administrative disciplinary procedures instituted in Porto Velho, also examined criminal executions and records of the Criminal Colony and Monitoring Units. The data collected indicated a better performance of the half-open house in the monitored area, as well as confirmed the lower cost of this novel execution model. Notwithstanding the above mentioned data, a more detailed study of the ME that implied even visits to the monitoring units, revealed the need for improvements and measures to be undertaken so that virtual prison is in fact an option to the problems faced in the prison system as well as it does not constitute a model as evil as the conventional one, summing up a "cruel and wise cage" denounced by Foucault.

10
  • MARCELO XAVIER DA SILVA
  • Requirement of military discharge for registration of indigenous people as voters: an analysis based on respect for difference

  • Leader : VANIA SICILIANO AIETA
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCELO WEICK POGLIESE
  • VANIA SICILIANO AIETA
  • Data: 29 mars 2019


  • Afficher le Résumé
  • This work had as its theme the recognition of the right to difference by the Electoral Justice, having been delimited in the study of the requirement of military discharge as a requirement for the electoral enlistment of indigenous people. It seeks to identify the legislation applicable to electoral enlistment in Brazil, as well as the interpretation that has been given by the Superior Electoral Tribunal - TSE in the case of indigenous voters. The objective was to verify the existence of colonialist social memory in the decisions handed down in relation to indigenous peoples in this sphere of power. By means of bibliographical research and a documentary search for the revision of the legislative and jurisprudential framework, the electoral enlistment as a facet of the political rights of the individual was realized, recognizing them, along with the guarantee of cultural identity, as human rights. For that, a historical panorama was made on the electoral enlistment in Brazil and the treatment conferred on the indigenous person to obtain the voter's title. International human rights treaties have been identified and studied which impose on member states the duty to ensure the participation of citizens in the public affairs of the country without prejudice to the protection of the cultural diversity of their peoples. Multiculturalism and its recognition for the rights of indigenous peoples, including an analysis of multiculturalism as a reaction to the universal conception of human rights, culture and the cultural identity of indigenous peoples, were also studied. of comparative law, of precedents of the Constitutional Court of Colombia that assure the voluntary character of the military service to natives. Finally, it was a question of cultural identity and its relation to the discharge of military obligations and the exercise of political rights by the indigenous people, and it was concluded that in the decisions of the TSE, which require the Indian to discharge military necessity as a requirement to enlist as voter there is, albeit occultly, legal subordination and coloniality, imposing on the indigenous, often with the rhetoric of recognition, the subjection to a pattern of behavior proper to the national society. Thus, it can be seen that even the official legal order, which has legislators, managers and magistrates as operators, is marked by the coloniality of power with the prevalence of preconceptions and Western values that, being hegemonic, impede the effective respect and assurance of indigenous rights as a category of human rights. As final product, he proposed the direct action of unconstitutionality (ADI) by one of the legitimates of art. 2 of Law 9,868 / 1999, in order to provoke the STF to confer interpretation according to the Constitution, without reduction of text, to art. 44, item II, of Law No. 4,737 / 1965 (Electoral Code), in order to eliminate the requirement of military discharge for the electoral enlistment of indigenous people, with the consequent declaration of unconstitutionality of TSE Resolution No. 20806 of May 15, 2001, ratified by the decision issued by the TSE in PA 1919-30.2014.6.00.0000, through which the Electoral Justice conditions the electoral enlistment of indigenous men, in times of peace, to the presentation of the certificate of military discharge.

11
  • URSULA GONCALVES THEODORO DE FARIA SOUZA

  • Madeira River Communities and Hydroelectric Power Plants: Traditional Community and Judicialization

  • Leader : RICARDO GILSON DA COSTA SILVA
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • MARIA MADALENA DE AGUIAR CAVALCANTE
  • RICARDO GILSON DA COSTA SILVA
  • Data: 29 mars 2019


  • Afficher le Résumé
  • The riverine communities of the Madeira River were directly affected by the construction of the Santo Antônio and Jirau hydroelectric power plants on the Madeira River, which resulted in intense judicialization of individual conflicts. The present study aims to analyze the assimilation of the interdisciplinary concept of traditional community to the riverines, in the conflicts judicialized against hydroelectric plants. In the research was adopted a qualitative and quantitative approach, of an applied nature, with an exploratory and descriptive objective, through a bibliographical, documentary procedure, data collection through field work and semi-structured interviews. Based on the bibliographical and documentary research on the interdisciplinary concept of traditional community, based on philosophy, anthropology, sociology and geopolitics, the international and national legislation regarding the traditional community as well as the Amazonian states were analyzed, as to the applicability of the concept to the riverside. Next, we analyze the legal vulnerability and representativeness of the riparian people, as a traditional community. From this point onwards, the incorporation of the concept of a traditional community into the judgments and decisions of the Superior Courts, verifying whether this concept was linked to the riverine community. In order to ascertain the relationship of the riverside inhabitants to the traditional community, in the legal discourse, based on the magistrates who worked in the generic civil courts of Porto Velho (RO), a perception survey was carried out on these actors, and then the discourse analysis of the processors civil matters. It is concluded that the application of the interdisciplinary and complex concept of traditional community to the riverside communities requires the sensitization and training of the procedural subjects (magistrates, lawyers, members of the Public Prosecutor's Office and of the Public Defender) to safeguard the peculiarity and the rights of the the cosmological and systemic life of the communities, even in the individual actions pulverized, so as not to further disaggregate the affected communities, proposing the improvement of the legislation to clarify the linking of riverside communities with the same tradition already recognized for indigenous and quilombola communities.



12
  • ALVARO KALIX FERRO
  • O PROJETO ABRAÇO E A VIOLÊNCIA CONTRA A MULHER: RELEVÂNCIA DE UM OLHAR SOBRE O AGRESSOR PARA A DESCONSTRUÇÃO DA VIOLÊNCIA DE GÊNERO

  • Leader : RODOLFO DE FREITAS JACARANDA
  • MEMBRES DE LA BANQUE :
  • ALICE BIANCHINI
  • MARCIO SECCO
  • RODOLFO DE FREITAS JACARANDA
  • Data: 2 avr. 2019


  • Afficher le Résumé
  • The domestic and family violence against the women is a violation of Human Rights and their confrontation requires the availability of public policies, including directed at the perpetrator, as a form of accountability and re-education, as provided for in Law 11.340/2006, the Maria da Penha Law. The objective of this research is to evaluate if the Abraço Project, instituted in 2009 by the Judgeship of Domestic and Family Violence against the Woman of Porto Velho-RO, with the insertion of perpetrators in their Reflective Groups contributes to reducing recidivism (return to the system). The basis of the Reflexive Groups of the project is Integrative Systemic Family Therapy and considers, among others, the cultural and social aspects of gender inequality, since it is necessary to work the main component of this violence deconstructing socio-cultural relations of patriarchal system existant. Thus, there was a bibliographical review about the cultural and historical issues that involve violence against women, passing through international milestones, highlighting CEDAW, the Convention of Belém do Pará, as well as the Maria da Penha Law. A reflection was made on the legal marks that allow the insertion of men who are perpetrators of violence against women into reflective groups, not only as a penalty, but as a preventive measure. A specific parameter was created for the research of return to the penal system for not detecting a specific formula, stipulating, by analogy to the disposed in the article 94 of the Penal Code, the two years following the participation in the Abraço Project. This parameter served as a support, when was presented in the X Fonavid - National Forum of Judges of Domestic and Family Violence against Women, to the Statement 49. To establish a comparative analysis enter the number of recidivism of the perpetrators who participated in relation those who did not participate, the corpus of the study comprised nearly 3,000 record papers of antecedents, totaling 784 men. Statistical data shows that only 10% of the perpetrators participants of the Project return to the justice system of domestic and family violence against women, while for non-participants, the index of recidivism reached 43%. Statistically, there is a fall of more than 400% in recidivism. The impact of the deconstruction of the culture of gender violence was analyzed, using research with participants and members of the multidisciplinary team responsible. All this complex of information, that is, documentary production, statistics and interviews, result in the certitude that the Abraço Project fulfils its purpose, including when there is a substitution of the corporal punishment for the insertion in the re-education and accountability program, and can serve the public policy to be implemented by other Courts to deal with violence against women, as well as serve as a basis for preventive programs outside the Justice system.

13
  • ELIVANIA PATRICIA DE LIMA
  • JUSTIÇA RESTAURATIVA NO ÂMBITO CRIMINAL: UMA PROPOSTA DE IMPLEMENTAÇÃO PARA O TJRO

  • Leader : MARCIO SECCO
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCIO SECCO
  • Raffaella da Porciuncula Pallamolla
  • Data: 8 avr. 2019


  • Afficher le Résumé
  • O presente trabalho consiste na apresentação da justiça restaurativa enquanto forma diferenciada de lidar com os conflitos judicializados, especificamente aqueles vinculados a esfera criminal, objetivando sua efetivação no Tribunal de Justiça do Estado de Rondônia – TJ/RO. Para tanto, buscou-se apreender os elementos conceituais e legais que configuram a justiça restaurativa enquanto um novo paradigma; Verificou-se como se deu o processo de institucionalização em dois tribunais; Caracterizou-se as percepções dos atores sociais envolvidos com a temática acerca das possibilidades e limites decorrentes da implementação da justiça restaurativa; Identificou-se as especificidades das práticas, com destaque para: local de realização, área de abrangência, graus de jurisdição, critérios de elegibilidade dos casos, fluxo de atendimento, metodologias, possibilidades jurídicas, formação e avaliação dos programas. Trata-se de uma pesquisa aplicada, com abordagem qualitativa e com fins exploratórios, resultando em um estudo de caso, tendo como objeto de estudo as práticas de justiça restaurativa nos Tribunais de Justiça de Estado do Paraná e do Distrito Federal e dos Territórios. Utilizou-se como técnica de coleta dados pesquisas documental e bibliográfica, além entrevistas semiestruturadas aplicadas a servidores e magistrados envolvidos com efetivação da justiça restaurativa no contexto local. Os procedimentos de análise dos dados foram realizados com base na referência teórica de Bardin, através da Análise de Conteúdo. Os resultados obtidos permitem identificar que nas realidades analisadas a justiça restaurativa se efetiva da seguinte forma: sua institucionalização foi precedida de  regulamentação específica (resoluções/portarias); os envolvidos na execução das práticas são majoritariamente servidores efetivos, e foram previamente capacitados, em metodologias circular e/ou de mediação; as práticas destinam-se ao atendimento de demandas vinculadas ao 1º grau de jurisdição; o local de efetivação das práticas é o CEJUSC ou centro especializado; o direcionamento dos casos decorre quase sempre da autoridade judiciária, podendo ser oriundo de representante do Ministério Público ou de delegado de polícia; a justiça restaurativa é desenvolvida de maneira complementar ao sistema de justiça tradicional, podendo o resultado interferir nas sentenças judiciais; em ambas Instituição não há sistema de avaliação das práticas. As experiências contatadas subsidiaram, em parte, a elaboração de proposta para o TJ/RO, que se materializada em conformidade com valores e princípios restaurativos pode contribuir para a pacificação social, interferindo positivamente no binômio crime e violência. 

14
  • ROBERTO GIL DE OLIVEIRA
  • Não Consta

  • Leader : MARCIO SECCO
  • MEMBRES DE LA BANQUE :
  • ARLEN JOSE SILVA DE SOUZA
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCIO SECCO
  • Data: 8 avr. 2019


  • Afficher le Résumé
  • This text discloses the influence of legal moralism as an unceasing source of the prohibitionist policy of combating drug use, despite statistics demonstrating its ineffectiveness. A transformation in the interpretation of the scope of fundamental rights disseminated by neo-constitutionalism, legal argumentation by Prieto Sanchís, may allow the declaration of non-criminality of drug possession by the Supreme Federal Court, based on the Constitution that controls state power, in defense of fundamental rights and the preponderance of principles over rules. The continuity of the repressive policy is useful for camouflaging intolerance to racial and ethnic stereotypes.

15
  • JULIANA COUTO MATHEUS MALDONADO MARTINS
  • -

  • Leader : DELSON FERNANDO BARCELLOS XAVIER
  • MEMBRES DE LA BANQUE :
  • DELSON FERNANDO BARCELLOS XAVIER
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • SERGIO WILLIAM DOMINGUES TEIXEIRA
  • Data: 14 mai 2019


  • Afficher le Résumé
  • -

16
  • ADOLFO THEODORO NAUJORKS NETO
  • N/C

  • Leader : JOSE RICARDO FERREIRA CUNHA
  • MEMBRES DE LA BANQUE :
  • ISABELA ESTEVES CURY COUTINHO
  • JOSE RICARDO FERREIRA CUNHA
  • MARCIO SECCO
  • Data: 31 mai 2019


  • Afficher le Résumé
  • N/C

17
  • REJANE DE SOUSA GONÇALVES FRACCARO
  • Resocialization and reduction of prison time by acess to reading and writing in the Porto Velho prision system 

  • Leader : APARECIDA LUZIA ALZIRA ZUIN
  • MEMBRES DE LA BANQUE :
  • APARECIDA LUZIA ALZIRA ZUIN
  • MARCO ANTONIO DOMINGUES TEIXEIRA
  • VALMIR FLORES PINTO
  • Data: 20 sept. 2019


  • Afficher le Résumé
  • This paper aims to present the right of access to education to convicted prisoners, from the closed, semi-open and open regime, including the provisional prisoners of the Porto Velho Penitentiary System, capital of the state of Rondônia, through the act of reading and writing as condition for resocialization and redemption of the penalty. Its justification is that access to study and reading and writing in prison leads to an understanding of the human right to education beyond the confines of the common classroom, that is, the school as a place and / or as physical equipment where knowledge is transmitted. Still, it goes through the ideal of freedom, understanding it as a category of education, in order to analyze it through the spectrum of human rights and the exercise of citizenship. Here freedom is associated with the autonomy of the subject, since freedom is the maximum condition of the subject to move and situate himself in the world, without being detached from the responsibility of the subject to himself and to society, to the principle of the dignity of the human person. For this it is based on the bases of Paulo Freire (1998; 1999; 2001; 2011); Flávia Piovesan (2003; 2011); Ingo Wolfgang Sarlet (2004; 2011); and others. Also for the purpose of understanding the reality of the imprisoned, and the proposition of reading and writing as acts of resocialization and for the purpose of remission of the pen, he discusses the history of education in the Brazilian constitutions (1824 to 1988), especially aiming at public education. as a social right in accordance with the Constitution of the Federative Republic of Brazil of 1988, in article 205. Therefore, education in this regard is considered as a multilateral right and is the process that enables the human being to freely develop critical sense, to acquire personality and dignity, allowing to participate actively in social life freely, with tolerance and respect for life and social rules. The proposed methodology is action research, in a qualitative perspective, in order to check how is access to reading and writing in the prison system of Porto Velho, and how are the public policies to encourage these educational practices, with supply of teaching material and physical space. Finally, as a final product to be developed in prison in Porto Velho-RO, it proposes the Project “Reading and writing freedom: redemption by reading that liberates and transforms lives in the Porto Velho prison system”.

18
  • ILISIR BUENO RODRIGUES
  • Effectiveness of the Judicial Centers for Conflict Settlement and Citizenship (CEJUSC'S) within the Rondônia State Court of Justice

     

  • Leader : OSMAR SIENA
  • MEMBRES DE LA BANQUE :
  • CARLOS ANDRE DA SILVA MULLER
  • DELSON FERNANDO BARCELLOS XAVIER
  • OSMAR SIENA
  • Data: 25 sept. 2019


  • Afficher le Résumé
  •  

    This research analyzes the functioning of the Judicial Centers for Conflict Resolution and Citizenship (CEJUSC's) in the State of Rondônia, in order to verify the effectiveness of the public policy implemented in compliance with Resolution no. 125 of the National Council of Justice (CNJ). Widespread access to the judiciary, guaranteed by the Federal Constitution of 1988, has generated an avalanche of demands in the courts that, for legal and structural reasons, cannot respond within a reasonable time. The creation of CEJUSC's is a judicial public policy that seeks to provide more than formal access to the judiciary, seeks access to a fair and effective legal order, as advocated in the Universal Declaration of Human Rights. It is not enough for a legal system to be used in case of violation or threat to rights. The evaluation of the effectiveness of the performance of these Centers, perceived through the verification of the transformations that occurred from the implantation, is related to the social impact obtained. As there are no parameters in the existing regulation, the analysis was performed considering the number of homologated agreements, the impact on the acquis and relation of the agreements with the new lawsuits, using official statistical data, as well as the perception of the internal actors involved. The data collected show a significant increase in the number of settlements in civil courts and indicate that if public policy failed to reduce the stock and improve the proportion of settlements in relation to new court cases, it clearly prevented the existing situation from worsening. The responses of the internal actors involved in the execution of the work indicate that there is no clear regulatory definition about the coordination of public policy, and also that the content of the formation and improvement of the conciliators is adequate, but there is a deficiency in the quantity and regularity of the courses offered. Overall, research reveals the need for adjustments in public policy follow-up.

     

     

19
  • JULIANA MENDES DE OLIVEIRA WAGNER
  • -

  • Leader : MARCIO SECCO
  • MEMBRES DE LA BANQUE :
  • JOSE RICARDO FERREIRA CUNHA
  • MARCIO SECCO
  • VINICIUS SILVA LEMOS
  • Data: 12 déc. 2019


  • Afficher le Résumé
  • -

20
  • MARCIA CRISTINA RODRIGUES MASIOLI MORAIS
  • N.C

  • Leader : MARCIO SECCO
  • MEMBRES DE LA BANQUE :
  • GUILHERME RIBEIRO BALDAN
  • MARCIO SECCO
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • Data: 23 déc. 2019


  • Afficher le Résumé
  • N.C

2018
Thèses
1
  • PRISCILA MATZENBACHER TIBES MACHADO
  • CONFLITOS AGRÁRIOS NA AMAZÔNIA OCIDENTAL E A ATUAÇÃO DO SISTEMA DE JUSTIÇA NO VALE DO JAMARI, RONDÔNIA

  • Leader : RODOLFO DE FREITAS JACARANDA
  • MEMBRES DE LA BANQUE :
  • CLARIDES HENRICH DE BARBA
  • DELSON FERNANDO BARCELLOS XAVIER
  • RODOLFO DE FREITAS JACARANDA
  • Data: 28 sept. 2018


  • Afficher le Résumé
  • Os conflitos agrários em Rondônia remontam aos primeiros ciclos de colonização da Amazônia Ocidental e foram acirrados desde a implantação do Projeto de Integração Nacional – PIN, a partir da década de 1970, em plena ditadura civil-militar, devido à enorme leva de camponeses incentivados a migrarem crentes de que colonizariam uma “terra sem homens, para homens sem-terra”. Desde então a luta pelo direito à terra é violenta e crescente. Os projetos de colonização não foram bem planejados tampouco concluídos deixando milhares de famílias sem títulos dominiais das terras que possuem. Estima-se que até 60% das áreas disponíveis de Rondônia são de domínio público. Os problemas decorrentes da falta de regularização fundiária e a sobreposição normativa em razão dos apossamentos e expropriações feitas pelo Estado a cada ciclo econômico são a grande causa dos conflitos agrários que tem por envolvidos, na maioria das vezes, duas partes, ambos ocupantes de terras públicas não regularizadas: de um lado fazendeiros com domínio do poder econômico e de outro, grupo de camponeses, trabalhadores rurais e/ou povos tradicionais. A disputa é submetida ao Poder Judiciário Estadual pelos fazendeiros, sob o estreito prisma do direito civil, privado e individual, e, mesmo após apresentadas informações sobre a dominialidade do bem público e a existência de conflito agrário, os juízes emitem ordens de reintegração de posse que, cumpridas pela sempre presente força e intimidação policial, `despejam´, em grande parte dos casos, centenas de pessoas em qualquer lugar. Não raras vezes, há disputa jurídica da mesma área pública, na justiça estadual e na justiça federal, no entanto, a análise superficial da posse, sem qualquer enfoque da posse agrária, impede que a estadual decline do caso à federal. A polícia militar, desde o caso Corumbiara, não raro, repete a truculência no cumprimento das ordens de reintegração e alguns de seus agentes aparecem envolvidos em vários conflitos sangrentos agindo a mando do fazendeiro. A pesquisa, portanto, contextualiza, inicialmente, estes conflitos no cenário rondoniense, traça breve panorama histórico e jurídico do problema da posse da terra desde o Brasil-colônia. A experiência profissional da pesquisadora, que é promotora de justiça, e sua atuação num projeto do Ministério Público de Rondônia relativo ao direito à terra, são utilizados na análise e interpretação dos dados pesquisados, sendo, pois, utilizado o método da pesquisa-ação. Por meio de perspectiva fático-bibliográfica, objetiva evidenciar a inércia do Estado quanto à regularização fundiária desde a implantação do Plano de Integração Nacional da Amazônia – PIN até hoje. A análise de processos judiciais relacionados à conflitos agrários na comarca de Ariquemes leva à conclusão de que o sistema de justiça precisa compreender os conflitos agrários que lhe são apresentados enquanto fato social, bem como as consequências decorrentes do não reconhecimento dos direitos inerentes. A posse agrária e a investigação do domínio público das áreas sobre as quais existem conflitos precisa ser enfrentada por todos os componentes deste sistema. Algumas propostas são apresentadas, como por exemplo, que em todas as ações possessórias sobre terras públicas não sejam deferidas ordens de reintegração de posse antes da designação de audiência de justificação, bem como seja verificado pelo Juiz se há algum conflito agrário relacionado ao caso. Espera-se que a regularização fundiária e ambiental das áreas conflituosas resolva os conflitos agrários em Rondônia e a atuação coesa do Sistema de Justiça para a garantia do Direito à terra represente a diminuição da violência no campo.

2
  • KERLEY REGINA FERREIRA DE ARRUDA ALCANTARA
  • EFFECTIVENESS OF THE CUSTODY HEARING IN PORTO VELHO - RO:
    DIAGNOSIS OF THE PRACTICES, OBSTACLES AND PROPOSAL
    ENHANCEMENT

  • Leader : PATRICIA MARA CABRAL DE VASCONCELLOS
  • MEMBRES DE LA BANQUE :
  • JACQUELINE SINHORETTO
  • MARCIO SECCO
  • PATRICIA MARA CABRAL DE VASCONCELLOS
  • Data: 5 déc. 2018


  • Afficher le Résumé
  • This article proposes to evaluate the performance of the Custody Hearing Nucleus of Porto
    Velho-RO. The custody hearing was nationally instructed in Brazil through the National
    Council of Justice with the issue’s Resolution nº. 213/2015. It is foreseen in the American
    Convention on the Human Rights (St. Joseph’s Pact of Costa Rica of 1969) and in the
    International Covenant Civil and Political Rights approved in 1966 by the United Nations
    Assembly and welcomed in brazilian planning in 1992, through decrees nº. 678 and 592. It
    defines as mandatory the presentation of all persons arrested before the judicial authority for
    the verification of the legality of imprisonment and the convenience of its maintenance. The
    research adopted a qualitative methodological approach, applied, using systematic
    observation, analysis of documents and technical visits. We observed 177 solemnities realized
    by the Nucleus Custody Hearing (NUCH) and visits realized in the Division of Flagrants and
    in the Porto Médio Presidio2 ("Pandinha"), both located in the District of Porto Velho-RO
    and, finally, the data collection existent in the minutes of hearings made available by the
    guarantee court. It was observed that the custody solemnities in Porto Velho-RO are occurring
    without the application of the conventional and constitutional precepts that shall guide the
    thematic. It was observed the resistance of the judiciary in questioning the occurrence of
    police violence, consistent in a number of hearings realized without being asked question
    related to its occurrence to the prisoner, in the naturalization of violence as if the custodian
    had to expect to be aggressed in the moment of the prison, beyond the requirement of
    representation or authorization of the flagranteado (toper) for the taking of measures that
    should be acts of the judge's office, considering such crimes are, in thesis, processed as an
    unconditioned public penal action. There is not uniformity of procedures and nor regularity in
    completing the Custody Hearing System (CUHS). It was analyzed if eventual aspects that
    may indicate social vulnerability of the person detained reverberate in the decreeing of
    preventive prison. It consisted of peculiarities as the holding of collective custody hearings
    and the time for presentation of the custodian in 72 hours. It was presented, at the end,
    suggestions of upgrading for the Custody Hearings reach the desired goals that beyond those
    mentioned, to humanize the relationship between the prisoner and the Justice system, in the
    defense of all constitutional rights of which the Judiciary is one of the main guarantors.

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