Banca de DEFESA: RAFAELA OLIVEIRA REIS CADÓ

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : RAFAELA OLIVEIRA REIS CADÓ
DATA : 06/09/2019
HORA: 10:30
LOCAL: UFRN - NUCLEO DE PÓS-GRADUAÇÃO EM DIREITO - Sala 02
TÍTULO:

INTERNATIONAL HUMAN RIGHTS LAW AND DOMESTIC SANCTIONS: A CONSTITUTIONAL ANALYSIS OF CHEMICAL CASTRATION AND THE  REGISTER PAEDOPHILES.


PALAVRAS-CHAVES:

Pedophilia; Pedophilic Disorder. Human Rights, Chemical Castration. Register Paedophiles.Resocialization.


PÁGINAS: 143
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

Pedophilia is a serious problem faced today, especially with the advent of technology, which is the most conducive environment for these individuals to hide. The crux of this situation is that the deprivation of liberty does not have the reparative effect on these individuals, since they are not mere perverts, but people with an intense psychiatric problem that blocks their self-determination. Initially, the interference of human rights and the principle of the dignity of the human person will be assessed internally and internationally, all through historical evolution and the strengthening of human rights. to the punitive power of the Brazilian state. In this sense, the best device for the rehabilitation of these subjects is multidisciplinary treatment with doctors, psychologists and social workers, along with drug treatment associated with chemical-hormonal treatment, which is chemical castration. Such a method consists in applying progesterone to reduce testosterone, so that pedophiles will be free from compulsive sexual desire. This way, all the rest of the treatment, especially the psychological one, will have more effects, since there will be no interference with sexual compulsiveness and obsession with children. Much has been said about the unconstitutionality of noncompliance with the principle of human dignity in the antagonistic treatment of testosterone, however, in view of the viability of reinsertion of the pedophile within society, with risk control, making him resume his life that does not It is composed solely of sexual bias, and there is no need to speak of non-compliance with this valuable principle, quite the opposite. Thus, with the multidisciplinary treatment associated with chemical castration there is the humanization of the feather, placing the pedophiles as a human being and despite having a disease without cure, subject to resocialization. Already in the analysis of the register of pedophiles. For a better understanding, an analysis of the American reality will be made, since it is a precursor of the practice, based on the cases of Jacob Wetterling, Megan Kanka. and Adam Walsh. Such cases propelled the country, initially from individual states, and later through national mobilization, to normative production, forming the SORNA (Sex Offender Registration and Notification Act). This will be followed by the viewpoint of international human rights law, obviously based on the dignity of the human person and on the basis of which the principle of freedom and the principle of equality and non-discrimination are based. It concludes by making an appreciation of some international treaties, addressing certain principles, and putting them in front of the practice of registering pedophiles, in order to reach the conclusion whether or not there is compliance with international humanistic norms. For the development of the present work, the deductive method was used, from a qualitative approach, in bibliographic and exploratory research, considering the examination of the bills that are in the Legislative Power, besides the Law from Mato Grosso, confronted by the data collected from the International Human Rights Treaties and the Federal Constitution. The present study also provides as background the documents derived from national and international doctrine from legal, social and psychiatric perspectives. It turns to the Brazilian reality, based on the Federal Constitution of 1988 and fundamental rights and, consequently, the constitutionalization of national law. Thus, the national system follows a system that presents the Magna Carta at its center, while permeating the entire legal system. Thus, no rules should exist in such a way as to contradict what governs the Major Charter. There are currently 3 bills dealing with chemical castration: PL 3396/2019, PL 8908/2017, PL 6194/2013 and PLS 3127/2019, while the pedophile register has PL 629/2015. It is noteworthy that all bills are still very far from the humanized concept of punishment.

 

 

MEMBROS DA BANCA:
Externo à Instituição - PAULO SÉRGIO DUARTE ROCHA JUNIOR - UERN
Interno - 1149384 - WALTER NUNES DA SILVA JUNIOR
Presidente - 1657901 - YARA MARIA PEREIRA GURGEL
Notícia cadastrada em: 27/08/2019 15:57
SIGAA | Superintendência de Tecnologia da Informação - (84) 3342 2210 | Copyright © 2006-2024 - UFRN - sigaa07-producao.info.ufrn.br.sigaa07-producao