http://hdl.handle.net/11624/146 Mon, 25 May 2026 00:06:03 GMT 2026-05-25T00:06:03Z https://repositorio.unisc.br:443/jspui/retrieve/367/thumb_4c45967b2de56.jpg http://hdl.handle.net/11624/146 http://hdl.handle.net/11624/4283 Title: O projeto de extensão em mediação da Universidade de Santa Cruz do Sul enquanto mecanismo concretizador de acesso à justiça. Authors: Soares, Thyerry Rossales Abstract: His study analyzes the effectiveness of the Mediation Extension Project at the University of Santa Cruz do Sul (UNISC) as a mechanism for ensuring access to justice and promoting a culture of peace. The research addresses the crisis of the adversarial system in Brazil and the emergence of alternative dispute resolution methods, contextualizing the role of Community Higher Education Institutions (ICES) in Rio Grande do Sul in the implementation of these public policies. The research problem asks: Can the mediation developed within the extension project of the University of Santa Cruz do Sul, which serves a territory equivalent to the jurisdiction of a judicial district, based on the analysis of reports from the period 2021–2024, be considered a fast and humanized form of access to justice? For the development of this study, the deductive approach method was employed, along with the monographic procedure method and documentary and bibliographic research techniques. The research is linked to the line of Public Policies for Social Inclusion within the Graduate Program (Master’s and Doctorate) in Law at the University of Santa Cruz do Sul, and is directly connected to the research conducted by the supervising professor of this dissertation. Furthermore, it aligns with the objectives of the United Nations (SDG 16), which aims to promote peaceful, just, and inclusive societies. The findings reveal a high resolution rate of 57% (agreement rate) in mediation sessions conducted between 2021 and 2024, indicating the procedural effectiveness of the project. In addition, satisfaction assessments show that 95.73% of users considered the agreement reached to be fair, and 100% would return to mediation sessions, perceiving the project as a space for restorative dialogue that fosters self-composition in significantly less time compared to judicial proceedings. The significance of these findings lies in the validation of the extension model as a university public policy that provides access to justice, benefiting a total of 527 individuals and overcoming barriers related to cost and procedural delay. It is concluded that the UNISC Mediation Extension Project plays an important role in consolidating a culture of peace and in training legal professionals oriented toward consensual dispute resolution. Wed, 01 Jan 2025 00:00:00 GMT http://hdl.handle.net/11624/4283 2025-01-01T00:00:00Z http://hdl.handle.net/11624/4282 Title: Políticas públicas gaúchas de busca e localização de crianças e adolescentes desaparecidos à luz do direito fundamental social à segurança pública (2018-2024). Authors: Carvalho, Ana Lara Cândido Becker de Abstract: This dissertation deals with policies for dealing with missing children and adolescents in Rio Grande do Sul. The general objective is to investigate the technical-operational procedures of public security agents, who also act as agents of the Rights Guarantee System - SGD, aimed at searching for and locating missing children and adolescents in the state of Rio Grande do Sul, with a view to improving the instruments for shaping public policies aimed at this area based on data from the period 2018 to 2024. The research problem is: in what way can the technical operational procedures of the agents of the rights guarantee system, as promoters of public security, aimed at searching for and locating missing children and adolescents in the state of Rio Grande do Sul, be improved and formatted as policies aimed at tackling the situation of missing children and adolescents in the light of public security as a fundamental social right, based on data from the period 2018 to 2024? The methodology used consists of the deductive approach method, the monographic procedure method and bibliographic and documentary research techniques. The research is linked to the Policies and Social Inclusion line of research, since the phenomenon of disappearance is uniquely connected to concepts linked to public security from the perspective of a fundamental social right, as well as being linked to the violation of multiple rights - including social rights - of the missing child or adolescent, their family and society. The study is linked to the institutional project of the State, Public Administration and Society Research Group of the Postgraduate Program in Law at the University of Santa Cruz do Sul, since the subject goes through concepts of the Democratic Rule of Law, which confers social rights on the population, including the fundamental right to public safety, Public Administration - since it deals with procedures carried out by public agents to search for and locate missing children and adolescents - and Society, since disappearance affects the fundamental social right to public safety, a right that goes beyond the individual, with the social fabric itself as its primary holder. The conclusion is that public security, as a fundamental social right in the Democratic State of Law, must transcend repression and be integrated with social policies in order to guarantee justice and citizenship. In the context of children and adolescents, security agents must act to provide comprehensive protection, overcoming challenges such as training and inter-institutional coordination. The disappearance of children and adolescents in Brazil, especially in Rio Grande do Sul, is a problem aggravated by flaws in data collection, the absence of integrated protocols and a lack of technical and operational procedures. To tackle this scenario, we propose specialized structures for investigating disappearances, integration of policies, police training and budget planning. Academic research must provide the basis for effective policies, and the state must guarantee transparency and intersectoral coordination to prevent disappearances and ensure adequate shelter for victims and their families, reaffirming its commitment to the integral protection of children and adolescents. Thu, 01 Jan 2026 00:00:00 GMT http://hdl.handle.net/11624/4282 2026-01-01T00:00:00Z http://hdl.handle.net/11624/4281 Title: A judicialização da saúde na Corte Interamericana de Direitos Humanos e no Tribunal Europeu de Direitos Humanos : mapeamento dos critérios interpretativos e dos standards protetivos e sua inter-relação com os grupos em situação de vulnerabilidade. Authors: Petry, Maira Carolina Abstract: The present study focuses on the judicialization of the right to health before the Inter American Court of Human Rights (IACtHR) and the European Court of Human Rights (ECtHR), as well as on the mapping of interpretative criteria and protective standards concerning the right to health of groups in situations of vulnerability. The objective is to analyze, based on decisions related to the judicialization of health before the IACtHR (cases adjudicated between 2018 and 2024, taking into account the leading case Poblete Vilches et al. v. Chile of 2018) and before the ECtHR (cases adjudicated between 2018 and 2024), the interpretative criteria and protective standards established concerning the right to health and their interrelation with vulnerable groups. The main research question to be addressed is as follows: Is there an interrelation between the interpretative criteria and the protective standards established by the IACtHR (cases adjudicated between 2018 and 2024, considering the leading case Poblete Vilches et al. v. Chile of 2018) and by the ECtHR (cases adjudicated between 2018 and 2024) with the protection of the right to health of groups in situations of vulnerability? Considering that this is a bibliographical study, the methodological approach to be adopted is the hermeneutical one. As for the procedural method, in relation to the analysis of the jurisprudence of the IACtHR and the ECtHR, the analytical method will be used. Regarding research techniques, indirect documentation will be employed, with consultation of both primary and secondary bibliographical sources, such as specialized academic journals, books, IACtHR Jurisprudence Notebooks, ECtHR thematic factsheets, among others. The research aligns with the line of inquiry on Contemporary Constitutionalism, insofar as it investigates the legal consolidation of constitutional guarantees—specifically, the right to health—as well as with the research focus of the advisor, Prof. Dr. Rosana Helena Maas, and her current research project titled “The Judicialization of Health before the IACtHR: Mapping of Interpretative Criteria and Protective Standards and their Interrelation with Groups in Situations of Vulnerability.” The project encompasses the human, fundamental, and social right to health and its direct judicialization before the IACtHR—as an autonomous right interpreted under Article 26 of the American Convention on Human Rights—and before the ECtHR, as a right protected derivatively through civil and political rights, as well as its interrelation with groups in situations of vulnerability. As a conclusion and result, the study finds a clear interrelation between the interpretative criteria and protective standards established by the IACtHR and the ECtHR and the protection of the right to health of groups in situations of vulnerability. In all cases decided by the San José Court and analyzed in this research, the protection of at least one vulnerable group was identified, with decisions—such as Residents of La Oroya v. Peru (2023), for instance—protecting multiple groups simultaneously. In the ECtHR decisions examined, although the protection of at least one vulnerable group was not identified in every judgment, four cases expressly mention the need for special protection of groups considered to be in situations of social disadvantage. Thu, 01 Jan 2026 00:00:00 GMT http://hdl.handle.net/11624/4281 2026-01-01T00:00:00Z 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