Banca de QUALIFICAÇÃO: Ismar Barbosa Nascimento Júnior

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Ismar Barbosa Nascimento Júnior
DATE: 09/06/2023
TIME: 10:30
LOCAL: https://meet.google.com/vfp-krrf-gzr
TITLE:

"Violence against lawyers: metonymy or a symptom of the lack of operational autonomy of Brazilian law".

KEY WORDS:

Violence against lawyers: metonymy or a symptom of the lack of operational autonomy of Brazilian law.

PAGES: 51
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The relevance of advocacy, with regard to access to justice, is recognized in the constitutional text and in ordinary legislation. In this perspective, the contradictory binomial/broad defense integrates a fundamental guarantee of Enlightenment matrix, representing, historically, a limit to the punitive power of the State. However, a survey conducted on the Internet, as well as informal conversations with legal professionals in the State of Bahia, demonstrate that, increasingly, cases of physical aggression and intimidation by police officers against criminal lawyers, who seek to assert the prerogatives of the profession, in the course of police investigations, are becoming common. in the course of police investigations, are becoming common. Thus, the theme of this thesis is violence, practiced by public security agents, against advocacy, presenting itself as a general objective, the problematization of the theme, in the light of the categories "symbolic constitutionalism" and "peripheral modernity", developed by Marcelo Neves. In this perspective, it is asked: what factors contribute to such a state of affairs? In order to answer this question, questionnaires were collected from the impressions of police delegates and military police officers from the State of Bahia on the relationship between the prerogatives of advocacy and the institutional mission of public security. The central hypothesis of the research starts from the assumption that the tension between the rights of lawyers – access and reserved interview with the investigated prisoner, consultation of records of inquiry, among others, and the purposes of public security, can lead to the occurrence of dysfunctional situations, which end up compromising the very validity of fundamental guarantees, as well as access to justice, equitably, on the part of those investigated. Thus, lawyers working in Bahia were heard in order to verify their expectations regarding the observance of their prerogatives, that is: whether there is a "symbolic" dimension in the legislative affirmation of such professional rights. This is an exploratory, qualitative research, whose specific objective is to problematize, from the chosen theme, the very existence of an effective Democratic State of Law, or if this category configures, only, another "symbolic" discourse, concealing a true state of exception/anomie.

BANKING MEMBERS:
Externo à Instituição - RICARDO JACOBSEN GLOECKNER - PUCRS
Presidente - 1134743 - MARCELO DA COSTA PINTO NEVES
Interna - 1999301 - REBECCA FORATTINI LEMOS IGREJA