Submitted by admin tede (tede@pucgoias.edu.br) on 2017-08-18T13:52:52Z No. of bitstreams: 1 SONIA HONORATO DA SILVA.pdf: 1180092 bytes, checksum: c55f49335af92fcb8ea3352022768e16 (MD5) / Made available in DSpace on 2017-08-18T13:52:52Z (GMT). No. of bitstreams: 1 SONIA HONORATO DA SILVA.pdf: 1180092 bytes, checksum: c55f49335af92fcb8ea3352022768e16 (MD5) Previous issue date: 2017-03-06 / The dissertation deals with access to justice, seeking through the origin of the Modern State in its different stages to the so-called Rule of Law. It sought to demonstrate the relationship between jurisdiction and access to justice in order to analyze its accessibility to those who really need the protection of the State, considering that it has not given due attention to the needs of citizens. The general objective was to describe the role of the jurisdiction, with the State as mediator of access to justice and guarantor of the effectiveness of public and social policies, focusing as specific objectives to analyze access to the judiciary, to verify the democratic scope of the jurisdiction, to investigate the measures that the Judiciary takes to be more accessible. The results obtained through surveys point to alarming data and severe disparities between the different regions of the country, regarding the number of access doors, noting that the State does not fulfill its role, in the effectiveness of public and social policies causing an increase in the judicialization, in the sense of guaranteeing the constitutional rights. / O trabalho dissertativo aborda o acesso à Justiça, buscando através da origem do Estado Moderno em seus diferentes estágios até o chamado Estado de Direito. Buscou demonstrar a relação entre jurisdição e o acesso à Justiça no sentido de analisar sua acessibilidade àqueles que realmente necessitam da tutela do Estado, considerando que este não vem dando a devida atenção às necessidades dos cidadãos. O objetivo geral foi descrever o papel da jurisdição tendo o Estado como mediador de acesso à Justiça e garantidor da efetivação das políticas públicas e sociais, norteando como objetivos específicos analisar o acesso ao judiciário, verificar o alcance democrático da jurisdição, investigar as medidas que o judiciário toma para ser mais acessível. Os resultados obtidos através de pesquisas apontam dados alarmantes e severas disparidades entre as diversas regiões do país, no que se refere ao número de portas de acesso, constatando que o Estado não cumpre o seu papel na efetivação das políticas públicas e sociais causando um aumento na judicialização, no sentido de garantir os direitos constitucionais.

Submitted by Luciana Ferreira (lucgeral@gmail.com) on 2016-04-05T15:01:56Z No. of bitstreams: 2 Dissertação - Bárbara Luiza Ribeiro Rodrigues - 2014.pdf: 1985985 bytes, checksum: b7285a24b9d146608893797861584939 (MD5) license_rdf: 23148 bytes, checksum: 9da0b6dfac957114c6a7714714b86306 (MD5) / Approved for entry into archive by Luciana Ferreira (lucgeral@gmail.com) on 2016-04-05T15:03:57Z (GMT) No. of bitstreams: 2 Dissertação - Bárbara Luiza Ribeiro Rodrigues - 2014.pdf: 1985985 bytes, checksum: b7285a24b9d146608893797861584939 (MD5) license_rdf: 23148 bytes, checksum: 9da0b6dfac957114c6a7714714b86306 (MD5) / Made available in DSpace on 2016-04-05T15:03:57Z (GMT). No. of bitstreams: 2 Dissertação - Bárbara Luiza Ribeiro Rodrigues - 2014.pdf: 1985985 bytes, checksum: b7285a24b9d146608893797861584939 (MD5) license_rdf: 23148 bytes, checksum: 9da0b6dfac957114c6a7714714b86306 (MD5) Previous issue date: 2014-09-16 / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES / This paper seeks to reflect on the relationship of quilombos’ communities with nature and with the modern State, from the perspective of that they’re individuals culturally diverse, having specific ways of living, creating, producing and socialize. These communities, from the Brazilian Federal Constitution of 1988, were recognized as culturally diverse communities, having secured their cultural, religious and territorial traditions. This guarantee is fundamentally linked to the identity of these groups, as manifested in their relationship with the land, which is not seen, only as pecuniary. The territory, in this perspective, is the way in which it articulates the cultural identity and the relationship of these subjects with nature. From their social practices and the relationship with the territory traditionally occupied, they challenge the Brazilian model of “dis-envelopment”, based on the concentration of natural resources, labor exploitation, cultural domination, the export monoculture, the depletion of nature and landlordism. These subjects, then, represent the breaking point this dominant model and the possibility of building a new social paradigm, based on ties of affection, solidarity and reciprocity, fleeing the prospect of contract and property. Thus, we analyze, from an interdisciplinary perspective and milestones of legal sociology and anthropology, how is the social public policy of regularization created for these groups, since the conquest and recognition of the right, to the elaboration and implementation. For this, it has been realized a research bibliography on the topic, as well as secondary data offered both by the Institute of Colonization and Agrarian Reform, as the Palmares Cultural Foundation and the Secretariat for Policies to Promote Racial Equality of the Presidency, organs responsible for implementing this policy. / O presente trabalho busca refletir sobre as relações das comunidades quilombolas com a natureza e com o Estado moderno, na perspectiva de que são sujeitos culturalmente diversos, possuindo formas específicas de viver, de criar, de produzir e de socializar. Essas comunidades, a partir da Constituição Federal brasileira de 1988, foram reconhecidas enquanto coletividades culturalmente diversas, tendo garantidas suas tradições culturais, religiosas e territoriais. Essa garantia está, fundamentalmente, ligada à identidade desses grupos, pois se manifesta por meio da relação com a terra, que não é vista, apenas, patrimonialmente. O território, nessa perspectiva, é o meio onde se articula a identidade cultural e a relação desses sujeitos com a natureza. A partir de suas práticas sociais e da relação com o território tradicionalmente ocupado, desafiam o modelo de “des-envolvimento” brasileiro, baseado na concentração dos recursos naturais, na exploração do trabalho, na dominação cultural, na monocultura de exportação, no esgotamento da natureza e no latifúndio. Esses sujeitos, então, representam o ponto de ruptura desse modelo dominante e a possibilidade de construção de um novo paradigma social, baseado em laços de afetividade, de solidariedade e de reciprocidade, que fogem à perspectiva do contrato e da propriedade. Assim, analisa-se, a partir de perspectiva interdisciplinar e dos marcos da sociologia e da antropologia jurídicas, como se dá a política pública social de regularização fundiária criada para esses grupos, desde a conquista e reconhecimento do direito, até a elaboração e a implementação. Para isso, tem-se como fonte de pesquisa bibliografia produzida na temática, além de dados secundários oferecidos tanto pelo Instituto de Colonização e Reforma Agrária, como pela Fundação Cultural Palmares e pela Secretaria de Políticas de Promoção da Igualdade Racial da Presidência da República, órgãos responsáveis pela implementação dessa política.

The objective of this thesis is to examine which socio-economic, structural and cultural factors may influence Indian women’s propensity to contract HIV and later their ability to access the relevant healthcare services for their condition. The research draws on two theoretical frameworks, the first being Barnett and Whiteside’s (2002) concept of social structural factors of disease transmission. Second, Anderson and Aday’s (1981) model of access examines how a variety of structural and resource-based factors, e.g. area of residence, can influence usage of healthcare facilities. Two stages of data analysis were undertaken, the first being secondary statistical analysis of the National Family Health Survey III. The survey provided state level estimates on the HIV sero-status of the general population in India and data on demographic and socio-economic determinants for family planning, nutrition, utilization of healthcare and emerging health issues. The second stage of analysis consisted of a set of qualitative interviews conducted in Andhra Pradesh, India. Thirty-three interviews were conducted with female sero-positive patients and ten with HIV-infected women who were providing social services to others with the same condition. Statistical results on social structural determinants of HIV transmission illustrated that Indian women who were formerly married (OR=5.27, CI=3.07-9.04), lived in higher prevalence states (OR=3.48, CI=2.19-5.54), had a low level of education (OR=2.27, CI=1.40-3.68) and were employed (OR=1.45, CI=0.96-2.18) had significantly (<.05) higher odds of being HIV-positive in comparison to those who were not. Findings in the qualitative phase of analysis were similar but participants’ narratives illustrated that their risk of contracting HIV begun before they even had the opportunity to seek a match as they seemed to live in communities with a high level of HIV prevalence. Many of the participants commented that there were factors outside of their sphere of control, e.g. lack of education, which resulted in them having a narrow choice of potential partners. Additionally, statistical results on female participants’ access to healthcare services indicated the vast majority of HIV-positive respondents were almost certainly not aware of their sero-status as they had not undertaken an HIV test prior to the survey. As the sample of female HIV infected respondents was relatively small, it was difficult to ascertain which social factors had an impact on these participants utilisation of HIV testing services. On the other hand, respondents’ narratives from the qualitative stage of research highlighted on social structural factors which could potentially influence WLHA’s continual utilisation of HIV-related healthcare services. It was found that participants experienced the most barriers to accessing healthcare facilities in the initial phases of their treatment. These barriers were mediated by the structure of healthcare services, culturally sanctioned medical practices (e.g. physicians refusal to inform the patient of their sero-status) and quality of services.

A central theme in the comparative political economy of the welfare state is the complementaries between political institutions, social policy, and labour markets. Yet little has been written to uncover this political-economic nexus in China, the world’s second largest economy. This thesis partly addresses this gap by studying the country’s public pension arrangement, the most expensive component of the Chinese welfare state. It reveals the working of the political-economic nexus in contemporary China by showing how it leads to two puzzling characteristics of the Chinese pension system, namely the rapid expansion in the absence of electoral pressures and the persistent regional fragmentation despite an authoritarian central government. It argues that the decentralised authoritarianism, in which China’s authoritarian central state delegates to regional governments and motivates them to achieve its developmental goals, drives municipal authorities to compete with each other in generating economic growth. In the inter-municipal economic competition, local leaders adopt an expansionary yet localising pension policy. This facilitates the formation of specific industrial skills, which are productive for particular local industries, and the retention of skilled industrial workers. All of this is important to local economic development in a context of industrial upgrading and labour market tightening. It is argued this is the political-economic logic of China’s pension system.

This research project seeks to gauge the autonomous power of the European Commission within the Open Method of Coordination (OMC), a new mode of governance coined at the Lisbon European Council in March 2000 and based on the principle of the voluntary cooperation of Member States. Two cases form the basis of this inquiry, namely, quality in work, a policy issue addressed under the banner of the European Employment Strategy, and child poverty and social exclusion, a key item on the agenda of the OMC for Social Inclusion. A primary impetus at the heart of this project is one of ontological pluralism. Rejecting a zero-sum interpretation of the rationalist/constructivist debate, this study constitutes a plea for a conversation across paradigms. The domain-of-application model employed here works by preserving the integrity of individual theories while specifying a particular scope condition under which constructivist and rationalist insights are likely to prevail. Selecting two cases on the basis of the critical scope condition of issue sensitivity, a central postulate informing this integrative research design is that high issue sensitivity (quality in work) invites strategic interaction among pre-constituted social actors driven by a behavioural logic of utility-maximization, while low issue sensitivity (child poverty and social exclusion) allows for a fundamentally norm-guided behaviour. Concretely, in effecting this theoretical dialogue, two sets of causal hypotheses are examined. On the one hand, rational choice institutionalism (principal-agent theory) offers a number of suppositions about the Commission’s institutional power, that is, its ability to transform the conditions of action of self-seeking national governments. On the other hand, sociological institutionalism conceptualizes the Commission’s productive power (i.e. its power to constitute the interests and identities of individual agents) through the lens of discourse analysis. Testing theoretical predictions against collected data makes plain the superior explanatory value of independent variables and causal mechanisms of rationalist lineage in capturing the essence of the Commission’s autonomous power in the case of quality in work and the congruity of sociological institutionalism’s original conjectures in the area of child poverty and social exclusion. Crucially, this strict correspondence corroborates the pertinence of the critical scope condition of issue sensitivity in delineating the explanatory ambit of both theories and attests to the co-existence of different forms of autonomous power wielded by the Commission within the framework of the OMC.

This thesis examines the conditions under which democratically elected policymakers are more likely to provide policies that compensate individuals that lose from international trade. It develops and empirically tests a theoretical framework of compensation in open economies that accounts for differences in the degree to which governments benefit losers from trade. It first develops a theory of preference formation based on economic geography, and then argues that electoral and legislative institutions jointly condition the supply of compensation. The theoretical analysis provides three sets of observable implications evaluated using micro- and macro-level data in Europe and Latin America. First, exposure to international competition increases demand for policy that compensates for the costs of trade, but this effect is more pronounced among those individuals in economically specialised and uncompetitive contexts where reemployment in the event of a shock is difficult. Second, policymakers in proportional electoral systems face weak incentives to target trade losers in geographically concentrated and uncompetitive regions. In contrast, majoritarian institutions generate incentives to increase compensation when trade losers are geographically concentrated. Another implication is that under some conditions, the presence of a strong upper house that represents regional interests dampens the provision of compensation, and the relative effect of electoral rules. The empirical implications of the argument are tested using a multi-method research strategy that combines cross-national and case study analyses and draws on quantitative and qualitative techniques. Chapter 3 tests the micro-level implications of the model using survey data for European regions over 2002-2006. The findings indicate that regional economic specialization and regional competitiveness jointly condition the impact of trade on preferences for compensation. Chapter 4 systematically tests the extent to which the geographical concentration of trade losers conditions the effect of electoral institutions on levels of compensation. It uses panel data from 14 European countries from 1980 to 2010. The findings indicate that where trade losers are concentrated, lower district magnitude leads to more compensation. Chapters 5 and 6 conduct case studies of compensation in Spain and Argentina, both countries that underwent deep liberalisation and offer significant variation at the regional and institutional level. Chapter 5 explores preferences over compensation in selected regions in Spain and Argentina, and shows that regional specialisation and competitiveness were important in shaping levels of support for compensation. Chapter 6 examines the role of electoral institutions and legislative veto bargaining in shaping the politics of compensation in Spain and Argentina.

The collapse of the communist regimes in Central and Eastern Europe in 1989-1990 heralded the beginning of an economic transition from central planning to market economies. The subsequent period was marked by malfunctioning of these countries’ social sectors, including their health care systems, raising serious issues of equity. This thesis examines the impact of the transition period and the introduction of social insurance on equity in health care provision in Bulgaria. Equity in health care is investigated with respect to function - i.e. financing (according to ability to pay) and delivery (according to need) - and outcomes - i.e. health status, income inequality and poverty. Differences in health, health care financing and delivery are explored by income, education, ethnic, employment, marital status, age and sex groups. Furthermore, the thesis outlines the impact of health care provision, in particular social insurance, on poverty and health inequalities. The thesis employs empirical analysis based on household data. Its methodology includes concentration and decomposition analysis, and provides new ways of modelling health care financing and delivery, as well as the link between health and health care delivery. The thesis concludes that social insurance does not provide a uniform means of improving equity and that the root cause of the problem lies in the large proportion of out-of-pocket payments and the rather limited size of the health insurance sector. Inequity in health care provision leads to poverty and untreated illness. The data suggests that there are differences between socio-economic groups as regards their likelihood to seek treatment for their ill health, which result in differences in their health status. The social factors that have impacted the most on health are low education and low income.

Varieties of Capitalism theory predicts that the skill specificity of workers determines their demand for social protection. In this thesis, I test this assumption using a measure of occupational mobility between pre- and post-unemployment, which I apply to European workers in different skill groups as defined by Fleckenstein et al., (2011). Using this measure as an indicator of the portability of workers' skills, I then evaluate whether the lower marketability of human capital investments is associated with greater demand for unemployment protection. The findings demonstrate that whilst this relationship is apparent in certain countries, notably Coordinated Market Economies such as Germany, the assumptions do not apply across institutional settings. Consequently, skill specificity cannot explain variation in attitudes towards unemployment protection policies between countries.

<b>Background:</b> Defined by their mechanisms, social and psychological interventions are those interventions that work through mental processes and social phenomena. They are often complex and challenging to evaluate, so understanding randomised controlled trials (RCTs) of these interventions requires detailed reports of the interventions tested and the methods used to assess them. However, reports of these RCTs often omit important information. Poor reporting hinders critical appraisal and synthesis of RCTs in systematic reviews, thereby impeding the effective transfer of research evidence to policy and practice. The Consolidated Standards for Reporting Trials (CONSORT) Statement is a reporting guideline that has contributed to improvements in the quality of RCT manuscripts in journals publishing medical research. However, studies have shown persistent deficiencies in the reporting quality of social and psychological intervention trials. A new CONSORT extension for these interventions may be needed given their distinct and complex features. This DPhil thesis reports on a project to develop and disseminate an official CONSORT Extension for Social and Psychological Interventions: CONSORT-SPI. <b>Structure:</b> Following a preface, this DPhil thesis includes eight chapters. Chapter 1 provides an overview of the conceptual rationale that prompted the CONSORT-SPI project. Chapter 2 details the project protocol, which consists of a five-phase methodology that follows current best practices for reporting guideline development and dissemination. Chapter 3 discusses systematic literature reviews to assess reporting guidelines for and the reporting quality of publications of social and psychological intervention RCTs. Chapter 4 discusses an online, international Delphi process to generate a prioritised list of possible items to include in the CONSORT-SPI extension. Chapter 5 discusses a formal consensus meeting to select reporting items to add to or modify for the CONSORT-SPI Extension checklist. Chapter 6 involves drafts of the CONSORT-SPI checklist as well as a template for the Explanation and Elaboration (E&E) document providing detailed advice and examples of good reporting for each checklist item. These drafts have not yet been circulated to co-authors or other members of the project team; their purpose in this thesis is to give an indication of how previous project phases have led into initial prototypes of the checklist and E&E, which will undergo further development and revision by the project team before publication. Chapter 7 proposes a coordinated dissemination and implementation strategy informed by theoretical frameworks and tools used to guide the implementation of clinical guidelines and empirically-supported interventions. The final chapter summarises the information gained from the CONSORT-SPI project to date, assesses strengths and limitations of the project methodology, and discusses implications for future research. <b>Conclusion:</b> A CONSORT-SPI Extension could improve the reporting quality of social and psychological intervention RCTs. This extension could also facilitate better critical appraisal of this body of research and its use in evidence-based decision-making. With successful dissemination and implementation, the guideline will hopefully contribute to the improvement of intervention evaluations—as well as the methodology underpinning these studies—within the social and behavioural sciences.

The theoretical part of the thesis defined taxes and social policy generally. Next, the thesis is focused on social insurance, social security, and social services in the Czech Republic and Great Britain. The company KOVO BUDISOV, s.r.o. is analysed in the practical part. Social security contributions are calculated according to Czech and British legislation and they are compared subsequently.