Navegando por Palavras-chave "Punishment"

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    O eclipse do conceito nos limites da teoria do crime e da punição retributiva na filosofia do direito de G.W. F. Hegel (1821)
    (Universidade Federal de São Paulo (UNIFESP), 2020-12-11) Cosentino, Rafael Luiz [UNIFESP]; Rosa Filho, Silvio [UNIFESP]; Universidade Federal de São Paulo
    This dissertation investigates the limits of Hegelian legal thought, 7lemento in the Philosophy of Law of 1821. Through a methodological path, which recognizes the experience of conscience, the fundamental 7lemento of the articulation between law, history and culture, a possibility of a new interpretation of the social function of law, according to the metric of the objective Spirit and the reallocation of the ontological priority of the essence. The reinsertion of legal practices in the domain of reflective determinations of conscience (na axial concept in both the Phenomenology of the Spirit and the Doctrine of the Essence) allows the fundamental categories of law in Hegel, such as personal personalities, property, contract, crime and punishment, to be observed as concepts in perennial construction.
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    A escola como direito e punição : o(a) adolescente em liberdade assistida
    (Universidade Federal de São Paulo (UNIFESP), 2016-12-15) Andrade, Patricia Ferreira de [UNIFESP]; Dias, Marian Avila de Lima e[UNIFESP]; Universidade Federal de São Paulo (UNIFESP)
    The present research seeks to analyze the obligation of school education for the teenager who complies with socio-educational measure while in probation. The central hypothesis is that the investigation of this teenager is a privileged way to observe the simultaneous setting of the school as a right and as a punishment for all students. The writings of Michel Foucault are the basis to analyze two sets of documents: (a) the Brazilian legal provisions on education as a right and as punishment (Law of Directives and Bases of Education and the National Education Plan 2014, the 1927 Code known as the ?Mello Matos? Code?, the Minor Code of 1979, the Statute of Children and Adolescents and Sinase); and (b) a theater play written from the experience of the researcher while working as a psychologist in charge of educational measures. The play, in this case, is understood as an element of analysis of local tactics. Starting from the first set of documents, an archaeological research exposes the history of discursive statements on education as a social right and as part of the penalty itself to those who are under 18. The theater play is analyzed from the Foucault's genealogy and exposes the discursive statements as forms of knowledge and power that circulate and produce effects, questioning the power of such discourse. Starting from school defense and social rights for all and the importance of the distinction between adolescent and adult penalty along with these research data, we inquire about the school obligation.