Submitted by JOSIANE SANTOS DE OLIVEIRA (josianeso) on 2018-07-31T13:44:13Z No. of bitstreams: 1 Clara Moura Masiero_.pdf: 4150484 bytes, checksum: fd5681fde0539c899c046d8a99cc8c41 (MD5) / Made available in DSpace on 2018-07-31T13:44:13Z (GMT). No. of bitstreams: 1 Clara Moura Masiero_.pdf: 4150484 bytes, checksum: fd5681fde0539c899c046d8a99cc8c41 (MD5) Previous issue date: 2018-03-01 / CAPES - Coordenação de Aperfeiçoamento de Pessoal de Nível Superior / Esta tese trata da relação entre movimentos sociais e direito (penal) e seu eventual reflexo na política criminal brasileira. Há dois objetivos centrais: primeiro, analisar o papel do direito – em especial do direito penal – na atuação dos movimentos sociais e para a mudança social; e, segundo, compreender a política criminal brasileira voltada aos crimes de discriminação, motivados por preconceito ou, também chamados, crimes de ódio, e verificar sua permeabilidade às demandas dos movimentos sociais. Para tanto, a tese está dividida em duas partes: a primeira apresenta fundamentalmente o marco teórico, enquanto a segunda, traz a pesquisa empírica. O marco teórico da tese envolve a combinação de quatro perspectivas teóricas: (i) as teorias dos movimentos sociais; (ii) a teoria da mobilização do direito (legal mobilization); (iii) a teoria crítica do direito (penal); e, (iv) as perspectivas de análise de política criminal. A partir dessa moldura analítica, concluiu-se que nem toda expansão do direito penal representa “populismo punitivo” (política criminal irracional e desnecessária). É possível expansão penal legítima e com efetividade aceitável, a que se chama “realismo de esquerda”, desde que presentes as seguintes variáveis: (i) decorrer de um problema social concreto; (ii) representar dano a um bem jurídico relevante; e, (iii) absorver discurso produzido pelos atores sociais envolvidos/afetados por este problema. A criminalização dos “crimes de ódio” atende a esses requisitos, pois são demandas provenientes de movimentos sociais, que geram dano relevante a um bem jurídico público, qual seja a dignidade de membros de determinados grupos sociais, cuja situação histórica de marginalização social, mantém-lhes em situação de desigualdade de status social, o que acaba por prejudicar a própria consolidação democrática. Segundo a pesquisa empírica, nem todas as leis brasileiras voltadas a enfrentar o preconceito, entretanto, seguem esta política criminal legítima. A pesquisa envolveu a identificação e seleção das leis penais (ou com relevância penal) brasileiras voltadas a enfrentar violências discriminatórias ou motivadas por preconceito e os respectivos documentos produzidos durante suas tramitações (totalizando 34 leis, isto é, em torno de 11% das leis penais aprovadas no período). Para a análise do banco de dados e verificação de sua interlocução com os discursos dos movimentos sociais, optou-se por delimitar o campo a três movimentos: Feminista, Negro e LGBTQ. Com isso, foram analisadas as leis penais voltadas à raça, sexo, gênero, orientação sexual e identidade de gênero (totalizando 29 leis). Dessas, somente “identidade de gênero” não consta em nenhuma lei penal. A pesquisa empírica envolveu, também, entrevistas com ativistas desses movimentos sociais. O campo confirmou que há certa permeabilidade entre a atuação dos movimentos sociais e a política criminal brasileira. Inclusive, as leis que mais se aproximam do discurso do movimento social envolvido, redundam em maior efetividade (“realismo de esquerda”); enquanto leis que não decorrem de um problema empírico concreto ou não absorvem o discurso produzido no interior dos movimentos sociais acabam carecendo de efetividade e conformando uma medida desnecessária (“populismo punitivo”). / This thesis is about the relationship between social movements and (criminal) law and their possible indirect influence on Brazilian criminal policy. There are two central objectives: firstly, analysing the role of law - especially criminal law - in the actions of social movements and for social change; and, secondly, understanding Brazilian criminal policy directed at discrimination crimes, motivated by prejudice or also referred to as hate crimes, and assessing whether it may be permeated by the demands of social movements. As such, this thesis is divided into two parts: the first one basically presents the theoretical framework, while the second one introduces the empirical research. The theoretical framework of this thesis involves the merger of four theoretical perspectives: (i) the theories of social movements; (ii) the theory of legal mobilization; (iii) the critical theory of (criminal) law; and, (iv) the perspectives of criminal policy analysis. Based on this framing of the analysis, it was concluded that not every expansion of criminal law constitutes "punitive populism" (irrational and unnecessary criminal policy). Legitimate criminal expansion is possible, with acceptable effectiveness, towards what is referred to as "left realism", provided that the following variables exist: (i) resulting from an actual social problem (ii) constituting harm to a significant legal interest; and, (iii) absorbing the discourse produced by the social agents involved/affected by this problem. The criminalization of "hate crimes" satisfies these requirements, since they are demands originating from social movements, which give rise to significant harm to a public legal interest, which is the dignity of members of certain social groups, whose historical status of being socially marginalized keeps them in a situation of inequality in terms of social status, which ends up jeopardizing the consolidation of democracy among them. According to the empirical research, not all Brazilian laws directed at tackling prejudice, nevertheless, follow this legitimate criminal policy. The research involved the identification and selection of Brazilian criminal laws (or laws with criminal significance) directed at tackling discriminatory violence or violence motivated by prejudice and respective documents produced during respective prosecution (totalling 34 laws, that is, around 11% of criminal laws approved during the period). For the analysis of the database and assessment of respective dialogue with the discourse of social movements, the decision was taken to limit the scope to three movements: Feminist, Black and LGBTQ. In this way, criminal laws aimed at race, gender, sex, sexual orientation and gender identity (totalling 29 laws) were analysed. Out of these, only "gender identity" does not feature in any criminal law. The empirical research also involved interviews with activists from these social movements. The scope confirmed that there is a certain level of permeability between the actions of social movements and Brazilian criminal policy. In actual fact, laws that are closest to the discourse of the social movement involved result in greater effectiveness ("left realism"); while laws that do not originate from an actual empirical problem and do not absorb the discourse produced as part of social movements end up lacking effectiveness and taking shape as an unnecessary measure ("punitive populism").

While activists and others have argued that the legitimization of biased attitudes and stereotypes by political leaders foments violence against minority groups, criminological research in the U.S. has focused more on "threat" hypotheses that view hate crime as a retaliatory response to perceived gains or encroachment of targeted groups. Another view suggests that heightened public visibility of hate crimes or other bias issues, usually in the form of media coverage, increases hate crimes. This study compares the effect on anti-LGB crimes of events representing political threat (a court decision legalizing marriage equality) and political legitimization of bias (passage of a ban on marriage equality), both of which occurred in California in 2008. The study also tests effects of media coverage prior to the ban on marriage equality. Results showed a statistically significant increase in anti-LGB hate crimes after the ban on same-sex marriage. There was no effect on anti-LGB crime counts after the court decision to legalize marriage equality, or during the media campaign leading up to the vote to ban marriage equality.

<p>This paper concerns the freedom of speech in our democracy and the principles underlying the restrictions. The study is aimed at using a descriptive theory to provide a useful basis for analyzing a justification of the role behind freedom of speech and its limitations. The analysis is made on the basis of the Swedish parliament debate in the form of motions and the non-governmental organization Swedish Helsinki Committee's report. The study has a focus on the law of hate speech and will be done with an idea centred analysis. On the basis of democratic theory, the central role of freedom of speech was clarified on the basis of a clear need for a reliable communication. An absence of this process could disrupt the democratic order. The theoretical function of restrictions is to maintain that reliable communication process where, for example, special circumstances, threats of violence and certain types of information were seen as examples of situations where the process could be in danger.</p><p>The empirical result was largely in line with the theoretical conclusions. The ability to argue and keep open debates was seen as important building blocks in a democratic society and therefore implies the benefits of a reliable communication process. Justification for the restrictions was made with regard to harmful information, threatening circumstances and xenophobic organizations, who were examples of counter-productive expressions to the democratic order. However, the study showed that parliamentary motions and the Swedish Helsinki Committee often focused their justifications on different fundamental views which partly could be explained by the concepts of positive and negative freedom and the perception of minority rights. The findings indicated that the issue of restrictions on freedom of speech is extremely complex because of the varied opinions in the drafting of the law of hate speech. The dilemma of freedom of expression can therefore be seen as relevant up to this day.</p>

AbstractMedia presents hate crimes and nationalism as phenomenon that has increased both internationally and nationally in recent years. Further media largely pair these phenomenon together. The groups mostly exposed to hate and nationalism are people of different ethnic origin and LGBTQ (lesbian, gay, bi, trans and queer) people. In Sweden's general election in 2010 a RHP-party, Sweden Democrats, made it in to Parliament. The purpose of this study was to examine how hate crimes and nationalism, in the form of the Sweden Democrats, has increased in Sweden and if there was any link between them. By mapping the proportion of reported hate crimes and the proportion of eligible voters who voted for the Sweden Democrats in Sweden between 1997 and 2009 the study's main aim was to investigate whether there was any link between the proportion of reported hate crimes and the proportion of voters for Sweden Democrats in Sweden. The results question whether an actual increase of hate crime occurred due to methodological changes in the Swedish Security Service, the Swedish National Council for Crime Prevention and the police. Also the dark figure is large regarding this crime. Sweden Democrats has had strong success in recent years, but whether this is a sign of increased nationalism can’t be impugned. 1998 and 1999 revealed a relationship between hate crime complaints and voting on the Sweden Democrats, but after 1999 the relationship is weak.

Univ., Diss.--Köln, 2004.

The aim of the thesis is to provide a social identity account of the politics of mobilisation: based on hatred mostly, in contrast with accounts of solidarity. The bulk of the thesis concentrates on exploring how and why is prejudice in the form of hatred mobilised in inter-group relations. Three studies parse the structure of hate discourse of Hindu right-wing groups in India. Study 1 and study 2 are qualitative studies that analyse the production of hate in two mediums of communication, while study 3 is an experimental study demonstrating the reception of hate. The studies analyse the structure of hate discourse with the theoretical lens of a social identity framework to explicate a context of categories and category-relations, while colouring in the contents of the categories with data from India. The first contention is, if a virtuous in-group can be construed as under threat from an out-group, then, the annihilation of the other can be justified as the defence of virtue. In the other words, violence becomes virtuous. The second contention is, the process that motivates out-group hate discourse derives from struggles over intra-group authority. That is, out-group threats are invoked in order to condemn political rivals for in-group power as not representing the group and not defending group interests. This sets up the foil for the leader to position ‘self' as the ideal leader who protects and represents the in-group, while undermining the credibility of the political rival. Study 4 is a qualitative study analysing counter-hegemonic discourse on mobilisations against the rhetoric of hatred. Taken together, the first 3 studies argue that hatred is not an inherent feature of individuals or a natural fall-out of inter-group processes, it is mobilised for specific political aims. The fourth study looks at the dimensions with which other leaders counteract the politics of hate; when hatred can be mobilised, so can solidarity. The theoretical implications and limitations have been discussed.

This study examines how racism and police brutality are illustrated in The hate U give and Dear Martin, which are two bestselling novels that emphasize the importance of resistance, and willingness to fight back against abuse of power and the oppression of African Americans in the US. Through the use of critical discourse analysis, power structures and race relations in the US are analyzed by means of postcolonial and power theory as well as by means of narrative theory. Moreover, the textual elements that are of importance to the analysis are the study of characters, motives and themes, specifically how the characters are affected by harmful stereotypes and forced into silence by the legal system in an attempt to justify police brutality. The analysis presented here indicates a colonial discourse, where the power structures in America are designed to work against African Americans. The characters’ actions and reactions to police brutality and oppression are therefore of importance in my study to depict how the novels creates a meaning for resistance and for finding a way for “the other” to be heard. My conclusion is that the characters’ voices are their weapons against police brutality, abuse of power, and oppression. To fight with one’s voice is to prove the stereotype, “thug”, wrong about African Americans, a stereotype that is often used by the police and the media to justify police brutality.

Contemporary children’s books, particularly picture books, show an increasing tendency towards complexity and sophistication. There is, however, some resistance to this tendency in the children’s book world. This thesis therefore critically analyses complexity and sophistication in three picture books - chosen because they represent particularly high numbers of the most common complexities and sophistications - in order to determine whether or not such resistance is appropriate. The study defines picture books as fictional, illustrated books in which pictures and design are vehicles for meaning, where text and art are integral aspects of an interdependent relationship. It thus examines words, the roles of words and pictures and their interactions, linear progression, time and page-breaks, rhythm, design, colour, medium, style, line, regularity, balance, framing, shot, point of view, gaze, visual weight, position, shape, size, light, background, symbol, pictorial analogy, visual games, nonsense, intervisuality, intravisuality, leitmotif and counterpoint. The sophisticated structure, polyphony, visual nonsense and allusion of Anthony Browne’s Voices in the Park allow deep, complex examinations of its characters’ psychologies, making marginalized groups visible and critiquing stereotypes of class, gender, family structure and unemployment. Its sophistications and complexities thus enable Browne’s book to satisfy significant priorities in the children’s book world, because it avoids overt didacticism, respects “literary” values and is socially aware. The sophisticated structure, visual nonsense, multidimensionality and multivoicedness of David McKee’s I Hate My Teddy Bear raise problems of narrative and focalizer, overtly inscribe inconsistency, vagueness and uncertainty, and determinedly resist resolution. McKee’s book thus refuses to imply a clear reader role, and situates readers firmly outside itself, where subjection to any one interaction with, response to or idea within it becomes impossible. This stimulates child readers’ creative thought, and distributes power between adult writers and child readers unusually equitably, thus offering children the respect and power of literary and ideological self-determination in a safe, restricted area of fiction. John Burningham’s Granpa neglects many of the conventions of writing and storytelling, so that readers face the multiplexity of its form and structure, the emergence of its linear narrative from apparent stasis into irresolution and ambiguity, and its difficult themes and psychological content, with very little guidance in their reading beyond frequently confusing formal signals. This is difficult for adult readers, who have learnt to expect certain conventions from stories, and to use them to interpret and predict what they read. It may, however, be particularly easy for child readers, because it does not force them to read in ways that are still foreign to and thus possibly difficult for them. It may even be less threatening to children and antagonistic to children’s culture than most children’s books, because it does not socialize children into the alien adult culture concomitant with conventional reading. Together, these analyses reveal that complex, sophisticated children’s books may function in a variety of ways. The children’s book world should thus rather evaluate them individually than reject the entire genre. / Dissertation (MA (English))--University of Pretoria, 2005. / English / unrestricted

This thesis explores the factors leading to the images of self-deprecation and shame in contemporary Scottish film. It would seem that the causes of these reoccurring motifs may be because the Scottish people are unable to escape from their past and are uneasy about the future of the nation. There is an internal struggle for both Scottish men and women, who try to adhere to their predetermined roles in Scottish culture, but this role leads to violence, alcoholism, and shame. In addition, there is also a fear for the future of the nation that represented in films that feature a connection between children and the creation of life with the death of Scotland's past. This thesis will focus on films created under a recent boom in film production in Scotland beginning in 1994 till the present day.

The diploma thesis is focused on the specifics of violence against the homeless women. The thesis is divided in theoretical and empirical part. Theoretical part is further divided into three chapters, structured from the general description of homelessness to the specifics of violence that is happening on the homeless women. The goal of the empirical part is also to identify barriers and preconditions for the solution of violence and recommendations for optimization of help with violence. The empirical part is based on two data sets, one of them is social workers/curators, second is homeless women. The research is qualitative and is conducted in the form of semi-structured interviews. In the final part of empirical research, a comparative analysis of both data sets is performed. From the analysis are derived the conclusions and recommendations on how to contribute to setting more effective means of solving violence against the homeless women.