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": Legal treaty of multiple discrimination based on gender, origin and culture of the brazilian woman from Nordeste Region

PALAVRAS-CHAVES:

Human rights. Discrimination.Gender.Regional Origin.Cultural Identity.Woman from Nordeste.

PÁGINAS: 153
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

This work was developed from the multidisciplinary analysis of the process experienced by women of Northeast Region of Brazil in the construction of their identities of gender, regional origin and cultural identity and the creation, by legal science, of rights to equality and antidiscrimination protection capable of protecting them. The objective was to analyze the international, constitutional and infraconstitutional normative set, applicableon the protection of the northeastern women and the mechanisms of guarantee of effectiveness to these norms in Brazil. Through the use of methods of deductive and exploratory approach, through bibliographic research, 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 Constitutionprovides 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 ainterpretation under intersectional bias by Brazilian Lawapplicators was defended on the analysis of cases of multiple discrimination suffered by women of Nordeste, including in judicial decisions.

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