Banca de DEFESA: Ismar Barbosa Nascimento Júnior

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Ismar Barbosa Nascimento Júnior
DATE: 31/07/2025
TIME: 14:00
LOCAL: https://meet.google.com/kwm-trjb-mfv
TITLE:

BEFORE THE LAW IS A GUARD: MILITARY POLICE VIOLENCE AGAINST LAWYERS AND ITS IMPACTS ON THE RIGHT TO FULL DEFENSE.

KEY WORDS:

police violence; lawyers; access to justice; inter-American human rights system; fundamental guarantees

PAGES: 229
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

Public security forces are inherent to the States. Similarly, law, since modernity, is a way through which social relations are governed in the public space, in the context of complex societies. Thus, police activity is regulated by internal and international norms, in order to prevent abuse of force and to protect individual and collective property. In Brazil, this action occurs in either an ostensive or judicial manner. The former is of a repressive nature. The latter is preventive/investigative. Both operate as auxiliary to the criminal justice system, which is responsible for the processing and conviction of individuals accused of committing a crime. Therefore, if there exists the so-called right or power to punish, this prerogative must be realized from well-defined constitutional frameworks, such as the right to adversarial proceedings and to ample defense. In Brazil, the defense of the accused is generally carried out by private attorneys and public defenders, whereby the former are considered "essential to justice," according to the constitutional text. In the realm of criminal justice, various actors from different institutions interact with each other, often holding opposing views. This thesis presents as its theme police violence against lawyers in the context of representing third parties.

The general objective is to theorize about this theme, which is absent in works addressing police violence in Brazil. The specific objective is to relate this theme to historical and political aspects regarding the military police in Brazil, both past and present, in order to better understand the phenomenon. Therefore, three cases of violence were chosen for analysis, duly contextualized with other occurrences around the country. Thus, this thesis employed the case study technique, combined with the analysis of official documents - Bills, judicial processes, and regulations pertinent to the theme, as well as articles, preferably, published on the websites of the state sections of the Bar Association. Thus, this is a qualitative, exploratory research guided by the following question: how does police violence against lawyers interfere with the right to defense in Brazil? What meanings can be identified, based on the cases and context analyzed, in relation to the concrete experience of access to criminal justice in the country? As a theoretical framework, the categories of "symbolic constitutionalization" (Neves, 1996, 2018), "access to justice" (Igreja; Rampin, 2021), and "transconstitutionalism" (Neves, 2014) were used. Regarding the last category, the research analyzed reports from the Inter-American Commission on Human Rights and decisions from the respective Court, in an effort to draw connections between the object of study and the Inter-American Human Rights System. It is concluded that this type of violence aims to intimidate the actions of lawyers in defending first-generation human rights, based on the hypothesis that these professionals represent the exercise of it is a 'qualified citizenship.' This intimidation occurs, generally, with the charge of contempt, to justify abuses of power. Finally, the result of the research suggests the generalization of exclusion/inclusion relations, which already affect some lawyers, creating a barrier to access to criminal justice. This is yet another problem relating to the defense of human rights in Brazil.

COMMITTEE MEMBERS:
Interno - 1258492 - EDVALDO DE AGUIAR PORTELA MOITA
Presidente - 1134743 - MARCELO DA COSTA PINTO NEVES
Externo à Instituição - OLAVO HAMILTON AYRES FREIRE DE ANDRADE - UERN
Externo à Instituição - RICARDO JACOBSEN GLOECKNER - PUC-RS
Interna - 1074055 - TALITA TATIANA DIAS RAMPIN