Atâtôt - Interdisciplinary Journal of Human Rights (UEG)
ISSN 2675-9292 Atâtôt - Interdisciplinary Journal of Human Rights is a publication of the State University of Goiás. The journal aims to publish original works by faculty and students from graduate programs in various fields related to human rights, both Brazilian and international. The aim is to disseminate scientific works and research results that address themes related to democracy, constitutional issues, and social struggles for human rights with an interdisciplinary approach. The publications are subject to blind peer review and publication standards.
DRUG POLICY IN BRAZIL AND ARGENTINA: from prohibitionism and harm reduction to a public policy based on the rule of law and scientific-academic innovation
Throughout its evolution, drug policies in Latin American countries, such as Brazil and Argentina, went through different periods that reflect changes internal and external. In the first period, from the beginning of the 20th century until the 1970, a total criminalization approach prevailed, influenced by political prohibitionist in the United States and the international regulatory framework. One second period, which runs from the 1980s to the beginning of the 21st century, was marked by the militarization of the fight against drugs, with the rise of the “war on drugs” and the strengthening of punitive strategies, especially in Andean countries. Finally, the most recent period, from the 2000s to the present, has seen to a partial shift towards harm reduction, albeit with approaches fragmented and poorly institutionalized. In this context, I argue in this article that it is crucial, necessary and possible to move forward with an approach based on a policy comprehensive and applied public policy, which coherently articulates drug policies with social and economic policies, based on the rule of law and science. academic innovation that overcomes the dichotomy and discrepancy between the “war on drugs” and mere “harm reduction”. To achieve this, this analysis is based on a qualitative methodology, which combines content analysis of documents and speeches, with direct observation in Brazil and Argentina, allowing a critical examination of the political and social dynamics underlying the drug phenomenon.
Copyright (c) 2025 http://creativecommons.org/licenses/by-nc-nd/4.0
HUMAN RIGHTS AND RACIAL SELECTIVITY: “paths” and “detours” of mass incarceration in Brazil
This essay consists of a critical analysis of mass incarceration in Brazil from the perspective of Human Rights and Racial Relations. It begins by addressing incarceration as a "structural problem" of Human Rights, presenting the historical failure of Brazilian prisons, long denounced by scholars, and which has recently gained the attention of the Supreme Federal Court through the legal-epistemological categories of "structural problem" and "Unconstitutional State of Affairs." Next, the topic is reexamined based on critical race studies and the theoretical framework of "Criminology and Racism," where racism and racial selectivity emerge as central explanatory hypotheses for understanding the problem, with emphasis on the generalized suspicion of the Black and poor population, racial profiling, and the context of police violence, which constitute daily violations of human rights and produce concrete effects in defining the profile of the prison population. This critical perspective is revisited in the following section with the discussion of the "judicial truth regime over Black bodies," an analytical perspective that places the racial dimension of the justice system at the center of the debate and helps us understand how its functioning contributes to maintaining this unconstitutional state of affairs, as, regardless of the position occupied by a Black person in the lawsuit and the kind of the litigation, the criterion of "race" is a decisive element in judicial truth regimes. Based on this premise, the text concludes by questioning the "paths" and "missteps" for solving the ills of the prison system, attempting to reframe the problem, i.e., reflecting on how to "de-racialize" the justice system.
THE FEDERAL HIGHWAY POLICE IN THE CONTEXT OF POLICE APPROACHES (STOP AND FRISK) TO PEOPLE WITH DISABILITIES
The article investigates how the Federal Highway Police conducts police approaches (stop and frisk) to people with disabilities (PWDs), highlighting challenges and gaps in aligning these practices with human rights guidelines. The research addresses the problem of the lack of clear protocols and specific records on interactions with PWDs. Based on a qualitative approach grounded in Edgar Morin's theory of complexity, methods such as bibliographic review, document analysis, and data requests through the Access to Information Law were employed. The results indicated that, despite being subject to national and international norms for the protection of PWDs, the Federal Highway Police shows deficiencies in agent training and lacks specific mechanisms for recording and handling cases involving this group. Emblematic cases, such as that of Genivaldo de Jesus Santos, highlight institutional failures. The study concludes that the development of public policies and specific protocols to ensure humane approaches aligned with the fundamental rights of PWDs is urgent. Furthermore, it recommends conducting empirical studies to assess the effectiveness of these actions and the impact of specific training in reducing abuses.
LEGAL IMPLICATIONS ARISING FROM THE CHILDREN'S INVOLVEMENT IN ARMED CONFLICTS ACROSS THE MIDDLE EAST CONFLICTS
This study examines the ethical and legal implications of the involvement of children in armed conflicts, with a particular focus on the Middle East. The analysis centers on international humanitarian law (IHL) provisions designed to protect civilians, with a specific emphasis on those safeguarding children. The study evaluates the extent to which these legal protections are enforced in ongoing conflicts within the Middle East, exploring the profound and often devastating impact these conflicts have on children. Through this examination, the paper seeks to shed light on the challenges in upholding these protections and the ethical considerations that arise in response to violations of children's rights in such contexts.
PROHIBITION OF THE USE OF FORCE BY NON-STATE ACTORS: IS IT TIME TO MOVE TOWARDS INTERNATIONAL REGULATION?
This article underscores the pressing need to expand the scope of the prohibition of the use of force principle, firmly established in international law, to encompass non-state actors (NSAs). Conventional wisdom holds that the legality of employing force by NSAs within a specific state's territory is subject to domestic lawrather than international regulations. However, recent years have borne witness to an unprecedented surge in the use of force by NSAs, resulting in consequences that transcend national boundaries. Notable examples include organisations such as ISIS, Boko Haram, and even private military companies like Wagner, the Russian private military company. Hence, it becomes pivotal to raise the question of whether international law should exert its influence over the conduct of NSAs. While international law does indeed govern the use of force by NSAs to some extent, particularly from a jus ad bellum perspective, this control remains rather limited. This paper undertakes a comprehensive examination of this issue and contends that international legal principles pertaining to the prohibition of the use of force should be extended to encompass NSAs, including the application of jus in bello principles.
Copyright (c) 2024 http://creativecommons.org/licenses/by-nc-nd/4.0
A JOURNEY THROUGH SEXUAL VIOLENCE AGAINST CHILDREN AND ADOLESCENTS
The research proposes to take a reflective journey on the impacts of sexual violence against children and adolescents and the characteristics of this type of extreme violation of rights that in many cases generate irreparable and insurmountable impacts for the victims. The methodology was based on a qualitative and explanatory approach, the data collection was carried out through a bibliographical survey in order to build a trajectory on the context and characterizations of sexual violence from a broader perspective. This is important research from the point of view that it can be a guiding tool for professionals who work with services offered to the target audience and so that people who read it can orient themselves on the topic. It is unacceptable that this type of violence is still on the rise despite all the work to remedy this type of crime, which at its peak has led many children and adolescents to serious mental health problems and even self-extermination.
IMPUTATION OF CRIMINAL RESPONSIBILITY IN THE CRIME OF MONEY LAUNDERING
This work aims to address the incrimination of the reckless modality and the requirement of an exhaustive list of predicate offenses in the crime of money laundering in Portugal, Spain and Brazil. Focusing on the imputation of criminal responsibility for this type of crime, the research aims to critically analyze the legislative and jurisprudential aspects of each of these institutes, with the aim of understanding to what extent the systematic adoption of one or the other can influence the issue. of the effectiveness and dignity of criminal law
REFLECTIONS ON THE TREATMENT RESERVED BY THE BRAZILIAN STATE FOR INDIGENOUS PEOPLES
In the same way that, historically, non-Indigenous people based their relationships with Indigenous peoples on the exploitation and destruction of the natural resources present in their habitat, as well as on their submission and physical and symbolic annihilation, this type of colonizing relationship persists in contemporary times. As used in this article, the word "genocide" comes from BELTRÁO. It means actions that have destroyed and are still destroying indigenous peoples by putting them in villages, directories, indigenous colonies, or indigenous posts set up by the Indian Protection Service (SPI) and later by the National Indian Foundation (Funai). These actions keep them from living on their own land and having children the way they did before the invaders came, and they have been doing this continuously from the colonial era to the present day, taking away their freedom despite a long history of struggles. This means that when the government doesn't do what it's supposed to do according to Article 231 of the Federal Constitution—which says that the Union should define traditionally occupied lands, protect and ensure respect for all the assets of indigenous peoples, as well as recognize their social organization, customs, languages, beliefs, and traditions—it's another cruel form of genocide, leaving these people open to more violence from outsiders or the government itself. This article juxtaposes the relationship between national society and the Brazilian state with the history of the Tupinambá people of Olivença, emphasizing their persistent resistance against attacks and criminalization. Cacique Babau Tupinambá from the Serra do Padeiro village, Rosivaldo Ferreira da Silva, asserts that "genocide is permanent."
state, Tupinambá, indigenous peoples, genocide.
PROTECTING HUMAN RIGHTS DEFENDERS IN BRAZIL
Human rights have advanced since Brazil’s re-democratization, but social authoritarianism prevented more advancements and paved the way for the extreme right to grow stronger lately. Hence, the country’s resumption of the path towards democracy and human rights depends on structural changes, for which the work of human rights defenders (HRDs) is paramount. As HRDs question the status quo and challenge populist anti-democratic practices, they have become targets of violence perpetrated by dominant groups and, thus, they need effective protection in Brazil. But what are the alternatives for the protection of HRDs in Brazil? To answer this question, the paper sheds light not only on HRDs’ activities in promoting democracy or fighting for human rights and exposing and remedying the adverse effects of populist undemocratic activities, but also on the corresponding state and non-state violence they suffer. In addition, it conducts an analysis of the existing popular and institutional protection experiences in Brazil in order to emphasize the significance of organized civil society and State protecting HRDs for strengthening democracy and establishing a human rights culture in Brazil. The final section explains what the better alternatives for the protection of HRDs in Brazil are and, as a result, calls for organized civil society and State to play their role in implementing them effectively.
BOLSONARISM AND POPULAR PROTECTION OF HUMAN RIGHTS DEFENDERS IN THE LEGAL AMAZON
This essay brings reflections on the relationship between Bolsonarism and the popular protection of human rights defenders in the 9 states of the Legal Amazon. It begins with a reflection on the context of political polarization that we are experiencing, highlighting how the political platform of Bolsonarism leads to a regressive agenda on the issue of human rights. Next, a set of data extracted from the Laboratório de Estudos Geopolíticos da Amazônia Legal (LEGAL) on the last elections is analyzed, highlighting that the victory of a leftist president did not mean the defeat of Bolsonarism. Finally, we bring some considerations about the popular protection of human rights defenders, highlighting the importance of working in a network.
Human Rights; Popular Protection; bolsonarism;
THE INTEGRAL PROTECTION OF HUMAN RIGHTS DEFENDERS
In a context of increasing violence and violations against human rights defenders, this article seeks to initiate a discussion on the protection of human rights defenders from a integral perspective developed by organized civil society over the past 25 years. The text emphasizes the need to discuss actions and strategies that enable social movements and human rights defenders to operate in a safer and more protected manner. Similarly, we aim to understand the role of social movements and civil society human rights organizations in the protection of these individuals and their communities.
THE POPULAR PROTECTION OF HUMAN RIGHTS DEFENDERS
Elma Novais case is an emblematic case for the creation of a formal/institutional methodology to protect human rights defenders. At the beginning of the 2000s, protection already existed for witnesses and children and adolescents, but for human rights defenders there was no adequate protection. The experience of popular protection was decisive to prove today how the Brazilian State's first approach to protect Elma Novais was mistaken. The protection knowledge accumulated and systematized by Projeto Sementes is a historic brand of civil society.
The article reflects on the proposal to build human rights protection from a popular, liberation and militant perspective. These three qualities complement each other in the sense of offering conditions for protection to occur in conjunction with popular organizational processes, particularly taking into account the care and protection of human rights defenders. The article is organized with a brief analysis of contexts, a debate on vulnerability and violation, assumptions for protective action, a comment on the meaning of protective action in human rights and, finally, a summary of the meaning of popular protection.
ACOLHIMENTO DE PESSOAS EM SITUAÇÃO DE RUA :
Este artigo se propõe a fazer um estudo a partir de dados de prontuários de atendimentos do primeiro trimestre de 2015 na unidade de acolhimento feminina para mulheres e mães com filhos de até 12 anos incompletos que encontram-se em situação de rua, o objetivo é entender porque mães após estarem acolhidas e terem a possibilidade de recomeçar a vida retornam às ruas. Os dados colhidos descrevem o perfil e mais diretamente questões que podem balizar os motivos que levam essas pessoas a abdicarem do acolhimento e retornarem às ruas depois de acolhidas nesta unidade, demonstrando que essa ação aponta um movimento circular.
Copyright (c) 2023 http://creativecommons.org/licenses/by-nc-nd/4.0
ANALYSIS OF BRAZILIAN LEGISLATION CRITERIA ON THE GUARANTEE OF ACCESS TO EDUCATION
The focus of this bibliographical analysis dazzles the evolution and inconsistency of legal norms on the mandatory education system for childhood in Brazil. Considering the concerns of access, permanence and quality of the services provided, perceiving a constant, progressive development of access to this right, even though there are still challenges for its universalization. Bad working conditions, lack of government policies, uncertainty in the preparation and effectiveness of teachers are identified as structuring challenges for education in Brazil. In this way, we understand that it is still necessary to reflect and create strategies for implementing public policies, to guarantee conditions of permanence and qualified learning for all children and adolescents.
Keywords: Mandatory; Right to education; Schooling; Basic education.
This article works on the hypothesis of a new phase of the State of Exception. The text is built in the form of an essay, since it deals with a reading of the blows that are given to the Constitution and that are produced by political subjects in comparison with legal aspects that can be placed as protectors of the normative order itself. It is necessary to observe permissive situations of exception and how this can affect the rule of law in the face of the behavior of political actors. The inductive methodology and bibliographic research were applied. The conclusion of the text is that there is a threat to normality that unfolds in the arbitrary exercise of power.
DA COBRANÇA DA DÍVIDA ECOLÓGICA NO CONTEXTO DE CRISE
A crise ambiental contemporânea demanda novas posturas sociais, dado que as projeções científicas do futuro se mostram extremamente pessimistas em um curto período. Desde 1972 encontros entre países são realizados, mas, de modo efetivo, nada foi feito até o momento. Nenhuma melhoria significativa foi vislumbrada. Neste sentido, este artigo tem como objetivo defender uma nova epistemologia aos países periféricos a partir da cobrança da dívida ecológica. O momento da crise sanitária pelo vírus altamente infeccioso, o Sars-CoV-2, mostra-se oportuno para a reivindicação dessa dívida, eis que se escancarou a potencialidade de um futuro pessimista. Por isso, a consciência de como os países periféricos já foram e continuam sendo explorados em atitudes de injustiça ambiental, legitima o ajuste ecológico entre os hemisférios. Defende-se a libertação financeira dos países periféricos, para que os mesmos possam estabelecer uma gestão ambiental de excelência dentro do seu território. Investimentos em educação, tecnologia e políticas sociais, também fazem parte dessa conjuntura. O poder de negociação dos países do Sul, deve ser desperto e utilizado no fortalecimento do Sul-Sul. A metodologia utilizada é a revisão de literatura em conjunto com a dialética. A importância do artigo se dá pela urgência em se adotar novas medidas e posturas políticas, servindo como reflexão para as ciências humanas, sociais, políticas e da Terra.
STATE, MARKET AND SOCIETY UNDER DISCUSSION
This academic essay aims to understand the relation between the State, society and the market, as well as its implications for the construction of the right to development in the world and in Brazil. After some considerations about the fundamentals of the Liberal State, the Social State and the Neoliberal State, we seek to critically elucidate whether the Brazilian model is close to neoliberal or socio-environmental development practices. In order to do that, bibliographic and documentary researches were carried out, guided by historical and dialectical methods, in a qualitative approach. Thus, it appears that the socio-environmental conception, centered on social, political, ethical and environmental values, prevails, legally, as a basis for thinking about development in the country.
Grupo de Extensão “Acesso à Justiça, Justiça Restaurativa e Encarcerados” da Faculdade Sensu: Relatos da Experiência e enriquecimento da formação superior em Direito.
This article aims to present the extension project “Access to Justice, Restorative Justice and Prisoners”, carried out within the scope of the Law course on the Sensu University, from the perspective of student experience reports, analyzing its potential contribution to improve education in law of its participants.
This article is the result of one of the Supervised Practical Activities - APS, in the Graduate Law course at UNIP, which aimed to identify, in a document authored by the Legislative Assembly of the state of Rio de Janeiro - ALERJ, crucial information about the theme of religious racism, in addition to producing legal commentary on the practices reported in that document and the violation of criminal law, aiming to identify illegal practices committed and the penalties that should be applied. Religious racism as a discriminatory attitude marked between the lines of the document providing the ALERJ Commission on Human Rights and Citizenship with the denouncement meeting, whose Report should be used to denounce the situation to the United Nations - UN. It was clear that acts committed against terreiros and communities that took place in 2019 were the ones that most substantiated the document. Among the acts contrary to human rights, the following were identified: aggression, threats and attacks on African-based religions, in addition to attacks against religious temples, in an explicit context of crimes against religious sentiment, and which needs to mark the proposals for the containment of such acts, so that religious freedom dignifies people who in good faith practice their liturgies.
As penitenciárias não foram desenvolvidas para o público feminino considerando que as mulheres adentraram ao universo criminal após um contexto histórico de lutas feministas buscando o espaço público. Dessa forma as prisões pecam em satisfazer as necessidades e particularidades femininas. O problema é agravado quando uma mulher grávida ou uma mãe precisa conviver com uma criança no local. Diante dessa questão, surgem instrumentos legislativos e instrumentos internacionais buscando discutir e efetivar direitos, no entanto, barreiras são encontradas no âmbito do poder público, que não implementa políticas públicas e a pena acaba passando de uma condenada para seu descendente, violando a intranscendência da pena. Essa pesquisa se orientou por uma revisão bibliográfica e utilizou o método dedutivo.
THE Symbolism of the Extinction of the Senate in the Project of the New Chilean Constitution
The purpose of this article is to present the historical, social and legal aspects capable of demonstrating the symbolism in the extinction of the Senate in the reconfiguration of the political system foreseen in the rejected project of the new Chilean constitution, since such a document is an inseparable part of the trajectory of the ongoing constitutional movement in Chile. The analysis of these aspects will allow understanding how the struggles of groups and social movements, throughout history, led to the Constitutional Convention incorporating this change and how it can be interpreted in view of the human rights of access and democratic participation in political power.
Alexandre Tomaz Vilas Boas Marques Bueno e Lopes
Can Rescission Action in Tax Matters Hurt Legal Security?
In this article we will deal with the rescission action under Tax law, the problem concerns whether the management of this type of action could harm the principle of legal certainty. Does the deconstitution of the judgments occur in the judgment of the rescission actions filed by the National Treasury or by the taxpayer, in this case would it be in conflict with the principles of constitutional supremacy and isonomy, on the one hand and on the other hand, that of legal certainty and respect for res judicata? The purpose of this article is to enable a reflection on the theme in the light of doctrine and jurisprudence, starting from a bibliographic and documentary analysis, noting that in the scope of tax law there is obedience to the principle of strict tax legality and it is discussed in the doctrinal scope to possibility or not of the beneficial retrorativeness of the tax law.
Mind and Intentionality in Brentano's Philosophy
In this work I seek to make an incursion into some aspects of the life and work of Franz Brentano, a German philosopher, whose geographical epicenter of his works took place, mainly, in Vienna, Austria and Florence, Italy. In this context, I sought to know the origins and foundations of Brentano's thought that led him to have such a profound impact on the direction of the philosophy and psychology of his time. His most prominent work Psychology from an Empirical Standpoint, not yet translated into Portuguese, served as a guide for the proposed objectives. Thus, psychology was treated as a science of the mind, of physical and mental phenomena and its criteria of distinction, of the classification given by Brentano to mental phenomena, where he divided them into representation, judgment and feelings of love and hate and, finally, of its concept of intentionality.
Copyright (c) 2022 http://creativecommons.org/licenses/by-nc-nd/4.0
Human rights are based on the principle that everyone is born free and equal with respect to dignity and their rights. The Universal Declaration of Human Rights, based on this principle, classifies civil and political rights, and social and economic rights. Human dignity presupposes guarantee of rights, especially with regard to respect for social security, standard of living and effective adaptation to health and work. This study aims to analyze the fundamental right to work with a focus on organizational moral harassment and the guarantee of the right to dignity at work. Questions: What is organizational bullying in the context of banking work? How is organizational bullying seen at work legally? What guarantees does the worker have in relation to protection from harassment at work? How does the legislation deal with this issue? Note that rights are completed / interrelated and are aimed at maintaining human dignity, needing to be well defined in a legal way or consisting of bullying, what are its consequences and how they can be avoided. Moral harassment is considered an unacceptable practice in the workplace, and should be prevented by programs of compliance in public and private companies, which promotes a set of processes aimed at the development of legal instruments that involve policies of use and involvement of the I harass at and at work, thus preserving the integrity and dignity of the people who work at the company.