Banca de DEFESA: MARIANA CAMILO MEDEIROS ROSA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : MARIANA CAMILO MEDEIROS ROSA
DATA : 12/01/2018
HORA: 09:00
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

"Por ser de lá": The protection of the brazilian woman from region Nordeste um Human Rights and the possible multiple discrimination based on gender, origin and culture.

PALAVRAS-CHAVES:

Human rights. Discrimination. Gender. Regional Origin. Cultural Identity. Northeastern woman.

PÁGINAS: 156
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

From a given historical context, several factors acts in the social construction of gender, origin and cultural identities, in which people create demands for affirmation and for recognition that gives them a substantial equality status towards other identities and freedom to exercise the characteristics that differentiate them, pushing them away from negative stereotypes that cause discriminatory and discriminatory practices. Such demands are present in the daily lives of women originated in the Northeast of Brazil, who carry a great burden of  negative stereotypes, either in terms of gender (causing sexualization of the body, difficult access to public and political spaces, domesticity and beauty dictatorships), or their regional origin (linked to laziness, low intellectual development, misery, generated as symbologies of climatic conditions and historical practices of clientelism and coronelismo). In this scenario, the objective of this study was to analyze the international, constitutional and infraconstitutional normative set focused on the protection of the human rights and antidiscrimination of northeastern women and the mechanisms that seek to guarantee greater effectiveness to these norms in Brazil.  For that, the method of deductive and exploratory approach was used, through a bibliographical research, in whose stages of research the historical, statistical and comparative methods were used. Based on the multidisciplinary analysis of historical process experienced by northeastern women and the construction by legal science of the protection of rights to equality and antidiscrimination protection applicable to their identities of gender, regional and cultural origin, it was possible to reach some conclusions. Firstly, that humanistic protection against discrimination by origin refers to the ancestry of the person and it is possible to protect it when the basis of the discriminatory act is its regional origin, so that this protection covers situations in which the victim of discrimination is a person northeastern. It was seen that, although there is no express provision in Brazilian legislation aimed at combating discrimination based on regional origin, there is a possibility of protection in Brazilian Law in owing to the incorporation of related international standards. Also, it was understood that the application of the criminal type provided for in art. 20, § 2º of Law 7716 / 1989 in case of discrimination based on regional origin, current practice of the Brazilian Judiciary, is not appropriate, because it faces the constitutional principle of legal reserve. In this sense, it was noted the importance of approving the PL 238/2017, currently being processed by the Federal Senate, which creates a specific criminal type applicable to the case. In addition, it is concluded that the opening in art. 3, IV, of the Federal Constitution provides for the legal prohibition of other forms of discrimination, including intersectional discrimination based on gender and regional origin or cultural identity practiced against multiple northeastern women. Finally, the need of using a interpretation under intersectional bias by Brazilian Law applicators was defended on the analysis of cases of multiple discrimination suffered by Brazilian women, including in judicial decisions.

MEMBROS DA BANCA:
Presidente - 1358062 - MARCO BRUNO MIRANDA CLEMENTINO
Externo à Instituição - ROSIVALDO TOSCANO DOS SANTOS JUNIOR - ESMARN
Interno - 1657901 - YARA MARIA PEREIRA GURGEL