http://hdl.handle.net/11624/144 Thu, 07 May 2026 21:40:01 GMT 2026-05-07T21:40:01Z http://hdl.handle.net/11624/4279 Title: Entre invisibilidades e reconhecimentos : o exercício da cidadania por travestis e transexuais no Brasil e os desafios da atuação estatal. Authors: Teixeira Filho, Walter Abstract: The dissertation critically analyzes the exercise of citizenship by travestis and transgender people in Brazil, highlighting the gap between the formal legal recognition of their rights and the substantive realization of those same rights in everyday life. Although the legal system has advanced through decisions of the Federal Supreme Court, public policies, and infra-legal regulations, structural barriers persist in the fields of education, employment, health, housing, and civil documentation, keeping this population in a situation of exclusion and vulnerability. The research question guiding this study is: how has the Brazilian State, through the Legislative, Executive, and Judiciary branches, acted (or failed to act) in promoting the substantive citizenship of travestis and transgender people in the face of structural exclusion and historical violence? The central objective of the research is to examine the actions of the branches of the Brazilian State within this context, taking into account the institutional, political, and cultural limitations that hinder the promotion of full and equal citizenship. A qualitative methodology is adopted, based on bibliographic review, documentary analysis, and indirect empirical data, drawing on theoretical frameworks such as José Murilo de Carvalho and Jessé Souza, as well as international instruments like the Yogyakarta Principles. The dissertation is organized into four chapters, ranging from the denial of fundamental rights to concrete experiences of resistance and citizenship building by trans people, seeking to understand the mechanisms that perpetuate inequalities and to outline guidelines for overcoming the structural selectivity of the State. The study ultimately proposes pathways for the realization of human rights grounded in dignity, equality, and social justice. Wed, 01 Jan 2025 00:00:00 GMT http://hdl.handle.net/11624/4279 2025-01-01T00:00:00Z http://hdl.handle.net/11624/4278 Title: O serviço de acolhimento de crianças e adolescentes e a garantia dos direitos fundamentais previstos a partir da Constituição Federal de 1988 : um estudo sobre a legislação e as dinâmicas internas das instituições. Authors: Silveira, Patrícia Figueiredo Cardona Abstract: The present study aims to analyze institutional care services for children and adolescents from the perspective of guaranteeing the fundamental rights ensured by the 1988 Federal Constitution, investigating the practical application of the current legislation and the challenges faced by the institutions responsible for this protection. The research is based on the central problem: what are the challenges faced by institutional care services in fulfilling the guarantees of human and fundamental rights provided for in the 1988 Federal Constitution, in light of the current legislation? The formulated hypothesis holds that such services face difficulties in fully ensuring these rights due to structural limitations, shortcomings in the implementation of legal norms, the absence of articulated public policies, and deficiencies in the management of financial transfers allocated to the sector. The methodological approach adopted will be the deductive method, as it starts from the analysis of general constitutional, legal, and doctrinal norms in order to understand specific situations experienced within the context of institutional care. The procedural methods will be historical, monographic, and comparative, allowing for the reconstruction of normative developments, the individual examination of care services, and the comparison of different institutional realities. Regarding the techniques employed, indirect research methods will be used, including bibliographic, legislative, and doctrinal research, with consultation of books, scientific articles, academic journals, and legislation. The chosen line of research is justified by the urgency of ensuring that the fundamental rights of children and adolescents in institutional care, as provided for in the Federal Constitution, the Child and Adolescent Statute, and related public policies, go beyond the normative level and materialize in everyday institutional practice. The relevance of the topic stems from the central role of institutional care in preserving the rights to life, dignity, and family and community coexistence. Despite the existence of a solid legal framework, challenges persist, such as resource scarcity, insufficient professional training, fragility of public policies, and obstacles to family reintegration, which compromise the effectiveness of protective actions. Thus, understanding these barriers is essential to identify gaps, assess the quality of care, and propose recommendations capable of strengthening institutional care services and improving public policies aimed at children and adolescents in Brazil. The research demonstrated that the principles of care for children and adolescents are directly linked to the protection of dignity, the preservation of emotional bonds, and comprehensive development; however, the implementation of Family Care Services faces significant challenges. It was highlighted that the effectiveness of public policies depends on the integration of adequate infrastructure, qualified human resources, and efficient oversight, with the involvement of interdisciplinary teams and humanized practices, while oversight must go beyond formal requirements to include preventive and corrective actions. The study also revealed the need for public policies and awareness-raising strategies to broaden the profile of adoptive families, thereby effectively ensuring the right to family and community life. Thu, 01 Jan 2026 00:00:00 GMT http://hdl.handle.net/11624/4278 2026-01-01T00:00:00Z http://hdl.handle.net/11624/4277 Title: A interseccionalidade dos programas de políticas públicas para a emancipação das mulheres brasileiras : uma análise crítico-reflexiva sob a perspectiva de Nancy Fraser. Authors: Matte, Nicole Lenhardt Abstract: This research study examines, from the perspective of Nancy Fraser's theory of social justice, the intersectionality of public policies programs for women, specifically existing programs at the federal level, in the state of Rio Grande do Sul, and in the municipalities of Lajeado/RS and Santa Cruz do Sul/RS, based on the 1988 Federal Constitution of Brazil, with a view to creating an effective constitutional culture of women's emancipation in Brazilian society. Thus, the question arises: in order for there to be an effective constitutional culture of social justice in Brazil, according to Nancy Fraser's theory, and for the achievement of women's emancipation, is it necessary to formulate a specific public policies regime for women, or is it sufficient to use intersectionality to identify this regime among the various public policies programs in the different federal entities? The conclusive hypothesis is that there is no need for a specific regime, since intersectionality enables the realization of women's rights, which are generally protected by the Federal Supreme Court. To reach this conclusion, the following specific objectives were outlined: 1. Describe feminist struggles for equal rights in Brazil and worldwide, the relationship between the enforcement of fundamental rights and contemporary constitutionalism, and analyze Nancy Fraser's theory of social justice for achieving parity in social participation; 2. To analyze the method of intersectionality as a study of discrimination against women, demonstrate the indices that reveal discrimination against women in Brazilian society, and present, by way of example, the public policies programs for women that exist at the federal level, in the state of Rio Grande do Sul, and in the municipalities of Lajeado/RS and Santa Cruz do Sul/RS; 3. Considering the need for a specific public policies framework for women in Brazil, demonstrate the constitutional competence of the Federal Supreme Court in protecting fundamental rights to ensure the emancipation of Brazilian women and, finally, analyze whether the intersectionality of public policies programs for women is sufficient for effective social justice, according to Nancy Fraser's theory, and for the achievement of female emancipation in Brazilian society. Based on the results obtained in this research, it is concluded that the use of the intersectionality of public policies programs for women is sufficient as a method for achieving social justice and female emancipation in Brazilian society, by addressing the three-dimensional obstacles to social justice and the intersectional discrimination faced by women, given that, when called upon, the Federal Supreme Court guarantees the protection of women's fundamental rights. To this end, the deductive method was used, through analysis of the legislation applicable to the specific case, developed through qualitative research, consisting of indirect research techniques, through bibliographic and documentary research. Wed, 01 Jan 2025 00:00:00 GMT http://hdl.handle.net/11624/4277 2025-01-01T00:00:00Z http://hdl.handle.net/11624/4276 Title: A Corte Interamericana de Direitos Humanos e grupos vulneráveis : medidas de enfrentamento à discriminação estrutural nas condenações brasileiras. Authors: Budde, Júlia Carolina Abstract: This work addresses the protection of vulnerable groups in the judgments imposed on Brazil by the Inter-American Court of Human Rights, focusing on the analysis of manifestations of structural discrimination and vulnerability present in the Court's decisions. Its general objective is to examine how the Inter-American Court of Human Rights, in judging cases involving the Brazilian State, contributes to the consolidation of substantial and transformative equality, aimed at the effective realization of the fundamental rights of vulnerable groups. In this context, the problem to be addressed is to understand whether and to what extent the judgments of the Inter-American Court have the capacity to induce structural transformations, promoting the confrontation of inequalities and the strengthening of the state's duty to protect human rights, as per the following question: Taking as a reference the Brazilian condemnations issued by the Inter-American Court of Human Rights, are there, in the judgments, indications of aspects related to the notion of structural discrimination and vulnerability, and in what sense are these aspects addressed, with the determination of measures to confront them? To accomplish this task, the deductive method is used, based on bibliographic and documentary research, with international treaties as the main sources, as well as the judgments of the Inter-American Court of Human Rights, especially the judgments condemning Brazil, chosen because of their relevance to the central object of the research and the structural dimension of the measures ordered. This work is linked to the Research Line “Contemporary Constitutionalism” and the Area of Concentration in “Social Rights and Public Policies” of the Stricto Sensu Postgraduate Program in Law at the University of Santa Cruz do Sul, and also to the research of the supervising professor, Dr. Mônia Clarissa Hennig Leal, considering that it aims to examine the decisions of the Inter-American Court of Human Rights. An analysis of all condemnatory decisions against Brazil has shown that the Inter-American Court of Human Rights has played a central role in reaffirming the Brazilian State's duty to protect vulnerable groups, recognizing the existence of patterns of structural discrimination and ordering reparative and preventive measures, such as the formulation of public policies, the training of state agents, and the adoption of guarantees of non-repetition. Finally, it can be stated that international condemnations represent instruments of social and legal transformation, as they induce the Brazilian State to build a more inclusive and dialogical constitutionalism, founded on the universality of fundamental rights, reaffirming the centrality of human dignity and material equality in the international protection of human rights. Thu, 01 Jan 2026 00:00:00 GMT http://hdl.handle.net/11624/4276 2026-01-01T00:00:00Z