[pt] Esta tese tem como objeto de estudo o sindicato enquanto instância de formação para o professor, procurando identificar as contribuições da participação sindical através de entrevistas sobre as trajetórias de vida de professores militantes, questionários aplicados aos membros da base e direção sindical em assembleias e observações dos fóruns ordinários e extraordinários promovidos pelo Sindicato dos Profissionais da Educação de Duque de Caxias (Sepe/Caxias). A escolha desse núcleo se deveu à sua história de 38 anos de lutas junto aos profissionais da educação da cidade. Foram entrevistados 15 professores de diferentes segmentos com mais de 5 anos de militância junto ao Sepe/Caxias, os quais relataram sua origem social, trajetória de formação, ingresso na docência e sua experiência sindical. Nos relatos, sobressaiu a origem humilde e pouco escolarizada e politizada das famílias desses sujeitos. A inserção deles na militância ocorreu via redes de sociabilidade, como grupos de jovens e participação nas comunidades eclesiais de base, onde os sujeitos são incentivados a agir sobre o mundo. Além disso, a universidade, a associação de moradores e o partido político aparecem como pontes de aproximação com o sindicato. Mediante crescente atuação junto ao movimento sindical, os sujeitos relataram construir novos olhares para a docência e para a sociedade, contribuindo para a construção de uma identidade docente mais crítica. Os questionários evidenciaram as repercussões do envolvimento sindical nas relações que se estabelecem na escola, ora tendendo ao rechaço, ora ao prestígio, o professor militante vê sua trajetória profissional marcada também pela sua trajetória sindical. Ao adotar a observação da participação dos professores nas suas reuniões mensais de representantes de escola, assembleias, fóruns, atos e outros espaços promovidos pelo sindicato, a pesquisa pretendeu compreender a atuação desses sujeitos nesse contexto social, apreendendo a dimensão formativa dos diferentes espaços e tempos organizados por essa instituição. No cruzamento dos dados, foi possível identificar dois tipos de formação no âmbito sindical. Aquela que se dá no dia a dia das ações entre os pares e aquela que é previamente organizada em função de um objetivo. A primeira se trata de uma formação político-sindical que se dá pela participação nas reuniões, conselhos, assembleias, atos e demais ações promovidas pelo sindicato; está ligada ao conhecimento dos direitos, à interação com a sociedade e à conscientização enquanto categoria docente. Embora seja voltada à ação coletiva, esse tipo de formação é de difícil mensuração, visto que age sobre os conhecimentos e experiências pessoais de cada participante. Portanto, sua aprendizagem varia de acordo com suas disposições anteriores e intensidade de atuação no movimento sindical. O segundo tipo é uma formação político-pedagógica, que segue um objetivo específico, quase sempre pedagógico ou funcional. Visa atender uma demanda imposta ao sindicato no contexto das lutas travadas pela melhoria das condições de exercício da docência. Para sua execução, recorre-se ao intercâmbio entre instituições, buscando a ajuda de especialistas acadêmicos. Por outro lado, aproveita-se também a experiência profissional dos membros do movimento sindical, tanto a acadêmica quanto a adquirida em outros espaços de militância. A tese aponta a importância dos sindicatos na formação dos professores, sobretudo em tempos de instabilidade democrática em que se acentua a precarização do magistério e avançam projetos de retirada de direitos e perda da autonomia docente. / [en] The purpose of this thesis is studying the syndicate as a training institution for teachers, seeking to identify the contributions of union participation to teaching through interviews on the life trajectories of militant teachers, questionnaires applied to members of the basis and the union leardership in assembly and observings of the ordinary and extraordinary forums promoted by the Union of Education Professionals of Duque de Caxias (Sepe/Caxias). The choice of this nucleus was due to its 38 – year history of struggles together with the education professionals at this city. Fifteen teachers from different school levels with more than 5 years of militant unionism were interviewed together with SEPE Caxias, which reported their social origins, formation trajectory, introduction in teaching and their union experience. In these reports the poor backgrounds, weekly schooled and less politicized families stood out. The introduction to militancy occurs through networks of sociability, as a young group and participation in the basic ecclesial communities, in which the subjects are encouraged to act in the world. Universities, residents associations and political parties also take important parts as bridges to approach with the union. Through a growing work with the syndical movement, the subjects report to create new perspectives for teaching and society, contributing to the construction of a more critical teaching identity. The questionnaires highlighted the repercussions of union involvement in the relations established at school, sometimes tending towards rejection, or prestige, the militant teacher sees the professional trajectory also marked by his/her union trajectory. The aim of this study was to understand the role of teachers in their monthly meetings of school representatives, assemblies, forums, acts and other spaces promoted by the union, and to understand their role in this social context, learning the formative dimension of different spaces and times organized by that institution. At the data cross-checking, it was possible to identify two types of syndical formation. The one that happens on the daily routine of actions among peers and the one that is previously organized aiming at a specific goal. The first is a political-syndical formation that happens through participation in the meetings, councils, assemblies, acts and other actions promoted by the union. It is linked to knowledge of rights, interaction with society and awareness as a teaching category. Although it is aimed at collective action, this type of training is difficult to measure, since it acts upon knowledge and personal experiences of each participant. Therefore, their leaning varies according to their previous provisions and intensity of action on the union movement. The second type is a political-pedagogical formation. It follows a specific goal, oftentimes pedagogical or functional. It aims to meet a demand imposed on the union connected to the struggle for improvement of teaching conditions. For its execution interchange among institutions was resorted, seeking the help of academic experts. On the other hand, professional experience, both academic and acquired in different areas of militancy, was also used. In conclusion, we point out the importance of the unions in the training of teachers, especially in times of democratic instability in which the precariousness of regency is accentuated; as well as projects of withdrawal of rights and loss of teacher autonomy tend to be more frequent.

La copropriété des immeubles bâtis revêt une importance particulière, étant donné qu’elle est influencée par plusieurs facteurs. Le facteur socio-culturel de la composition de la société libanaise et celui du problème de déplacés de guerre, occupent une part considérable dans l’étude de la copropriété. On relève des problèmes, issus de la confusion entre le juridique et le réel. L’expansion économique et immobilière, depuis la fin de la guerre, a poussé un grand nombre de libanais à se concentrer dans les grandes villes et leurs banlieues dans l’objectif du travail ou d’éducation. Cette concentration a provoqué une activité dans le domaine des bâtiments. Divers problèmes sont rencontrés dans ce domaine, d’une part à cause de l’absence des réglementations opportunes et d’autre part, suite à des divergences dans la jurisprudence. En prenant en considération tous ces facteurs, nous tenterons de trouver des solutions à des gros problèmes en se référant, quand le cas se présente, aux lois et jurisprudences françaises. / The co-ownership of buildings has a particular importance, given the fact that it is influenced by many factors. The socio-cultural factor of the composition of the Lebanese society and that of the problem of the displaced persons (DP) during the Lebanese war, occupy a considerable part in the study of co-ownership. We note several problems that arise from the confusion between law and reality. The economic and real-estate expansion, since the end of the war, caused a large part of the Lebanese population to concentrate in large cities and their suburbs either for education or work. This concentration provoked an activity increase in the construction field. Diverse problems are encountered in this field, due to the absence of appropriate regulations on one hand, or due to divergences in the jurisprudence on the other hand. By taking into consideration all these factors, we attempt to find solutions to major problems, by referring, when the case arises, to the French laws and jurisprudence.

[pt] A presente pesquisa analisa como o Estado brasileiro, a partir dos anos pós-30, com ápice nos idos do estado-novismo, implementou um projeto de cidadania embasado no trabalhismo e como esse foi afetado com o advento da chamada Reforma Trabalhista. Estuda-se como o projeto trabalhista, representado por uma ideologia política cunhada em concessões por parte do Estado, encarnado na promulgação da Consolidação das Leis Trabalhistas e construído paulatinamente pelas políticas estatais, foi desconstruído. Isso se deu, a partir de um processo de ruptura que se efetuou por meio de uma profunda reforma na legislação social, que negou e retirou direitos trabalhistas, mediante a promulgação de diversas legislações, com início no ano de 2017, tais quais a Lei N° 13.429/2017 e a Lei N° 13.467/2017. Assim, sumariamente, neste estudo se investiga a implantação, a manutenção e o desmantelamento desse projeto político denominado trabalhismo, bem como suas repercussões para a configuração do Estado, sua relação com o povo e com a cidadania no Brasil. / [en] This research examines how the Brazilian State, from the post-30s onwards, with its peak in the New State period, implemented a citizenship project based on the labour movement and how it was affected with the emergence of the Labour Reform. The argument focuses on how the labour movement as a project, represented by a political ideology coined in concessions by the State, embodied with the promulgation of the Labour Laws and gradually built by state policies, was relaxed. This rupture process took place through a thorough reform of social legislation, which denied and removed labour rights, through the enactment of several laws starting in 2017, such as Law N° 13.429 / 2017 and Law N° 13.467 / 2017. In order to support this proposition, further investigation is conducted on the implementation, maintenance and dismantling of this political project called labour movement, as well as its repercussions for the configuration of the State, its relationship with the people and with the citizenship in Brazil.

La médiation est perçue comme un mode bénéfique de résolution des différends en copropriété divise. Pourtant, son essor tarde à survenir. Ce constat nous mène à nous interroger sur comment la médiation peut occuper une plus grande place en copropriété, particulièrement quant au droit québécois. En première partie, nous nous intéressons à certains aspects du régime de la copropriété et leur incidence sur le processus de médiation. D’abord, nous considérons l’encadrement législatif et contractuel qui s’impose aux acteurs à travers les dispositions d’ordre public et la déclaration de copropriété afin d’en évaluer l’impact sur l’autodétermination des parties. Ensuite, nous abordons le caractère formel de la copropriété à travers la représentation du syndicat de copropriété à la médiation et de l’autorité de l’assemblée des copropriétaires sur certaines ententes de règlement. En seconde partie, nous nous tournons vers les défis que pose l’exercice de la médiation en copropriété. D’une part, nous soulevons des enjeux issus de la dichotomie entre le caractère confidentiel de la médiation et le contexte collectif de la copropriété. D’autre part, nous discutons de l’adaptation de l’exercice de la médiation en copropriété via la spécialisation du médiateur et le développement de la médiation en ligne. Nous concluons que la médiation peut occuper une place plus importante en copropriété et être bénéfique pour ses acteurs, mais qu’elle est limitée par les droits de la collectivité. Une meilleure conciliation de ceux-ci aux droits des parties en médiation pourrait contribuer à accroitre le recours à ce mode de règlement des différends. / Mediation is perceived as a beneficial way of solving condominium-related conflicts. Nonetheless, mediation has yet to become a go-to resolution method when conflicts emerge in a divided co-ownership setting. This observation led us to question how mediation can be used to successfully resolve condominium-related conflicts, particularly in regards to Quebec law. The first part of this paper considers aspects of the divided co-ownership regime and the way they influence the mediation process. We start by analyzing the elaborate legal and contractual framework that binds the parties and the ways it may limit or otherwise impact their self- determination and empowerment. Then, we discuss the formal obligations imposed on the actors in co-ownerships through the matters of the representation of the syndicate of co-owners in mediation and the assembly of co-owners’ authority over certain resolution agreements. In the second part of this paper, we discuss some challenges of practising mediation in a co-ownership setting. We first underscore incompatibilities between the confidential aspect of mediation and the collective nature of co-ownership. Then, we discuss how the practice of mediation is likely to adapt through mediator specialization and through advancement of online mediation. Our study leads to the conclusion that though mediation could occupy a bigger space in co-ownership-related conflicts, the rights of the co-op community currently limit its realm. A better conciliation of those rights to those of the parties in mediation could support the integration this dispute resolution process as part of co-ownership culture.

International police co-operation is a recipe for success in the fight against transnational organised crime. Such cooperation has never been without challenges, especially in the light of disharmonious national laws. SARPCCO has made promising advances towards the elimination of blockages which hamper police cooperation. The joint, bilateral, simultaneous operations which are continuously carried out and the transferring of skills through training are exemplary to the rest of the world. SARPCCO is, however, struggling to make serious inroads into the organised motor vehicle theft because of the problems in returning them to their lawful owners. The objective of this study is to analyse the laws used by the SARPCCO member countries in fighting motor vehicle theft, transnational organised crime, recoveries, repatriation, prosecution and extradition of offenders. The SARPCCO member countries on which the analysis is done are Lesotho, South Africa, Swaziland and Zambia. / Jurisprudence / LL. M.

The most challenging and spoken criminal phenomenon today is indisputably organised crime. It is a crime that both the general public, business community, commentators, researchers, scholars, journalists, writers, politicians, prosecutors, jurists and presiding officials debate with different interpretation and understanding of the concept as well as the manifestation of the phenomena. Debates on the subject have seen the dawn of rival terminologies of organised crime and crimes that are organised. While the United Nations has not assisted the nations in finding a definition of what organised crime is, the confusion has spread throughout the globe and South Africa has not been spared the pandemonium. The objective of this study is to comparatively assess the present understanding and setup in South Africa in comparison with Italy, Tanzania and the United States of America, identify the root causes of the confusion and find possible remedies to liberate the situation. The research concludes with the findings and recommendations. / Criminal & Procedural Law / LL.D.

This study was conducted in order to gain a better understanding of the phenomenon of drug trafficking with specific reference as to how South African drug mules are used in crossborder drug smuggling. Through media analysis, semi-structured interviews with drug trafficking experts and a literature study the researcher was able to make findings and recommendations as per the objectives of the study. The objectives of the study included examining how drug mules smuggle drugs across South African borders; what role drug mules play in drug trafficking syndicates and the motivations and reasons why South Africans are increasingly being recruited as drug mules. The researcher also attempted to determine the nature and extent of the drug demand supply in and to South Africa. By making the deduction that drug demand and drug supply are interrelated the researcher was ultimately able to conclude that drug mules will continue to engage in drug smuggling as long as there is a demand for drugs and readily available drug supply routes to and from a county. From the media reports analysed cocaine, methamphetamine and heroin were the drugs most smuggled by South African drug mules. It is also clear from the media reports that cocaine and methamphetamine are smuggled in the largest quantities by South African drug mules. The quantities of heroin found in the possession of South African drug mules were insignificantly small. This contradicts treatment centre data analysed that indicated heroin and methamphetamine users were almost double in numbers in comparison to cocaine users being treated at centres. Most South African drug mules are used to smuggle drugs to the cocaine markets in Europe and South Africa; the cannabis/marijuana (herb) market in Europe; the cannabis (resin) hashish market in Canada and the United States of America; the crystal methamphetamine market in the Far East (largely Japan and Korea) and the heroin market in South Africa. Using criminology theories as a basis, the researcher attempted to describe why people are vulnerable to being recruited as drug mules. Findings concluded that structural factors such as poverty and unemployment and substance abuse-related problems, particularly in marginalised and disadvantaged communities, all contribute to South Africans becoming drug mules. Recommendations by the researcher focused on identifying specific vulnerabilities associated with drug mule recruiting and its consideration in legislation relating to drug trafficking in South Africa. The recommendations focus on the specific prosecution of drug abusers, drug mules, drug distributors and drug mule recruiters. Lastly it is projected by the researcher that the drug demand in South Africa will continue to increase if the drug supply routes and drug smuggling operations by syndicates are not addressed more firmly / Criminology / M.A. (Criminology)

This study was conducted in order to gain a better understanding of the phenomenon of drug trafficking with specific reference as to how South African drug mules are used in crossborder drug smuggling. Through media analysis, semi-structured interviews with drug trafficking experts and a literature study the researcher was able to make findings and recommendations as per the objectives of the study. The objectives of the study included examining how drug mules smuggle drugs across South African borders; what role drug mules play in drug trafficking syndicates and the motivations and reasons why South Africans are increasingly being recruited as drug mules. The researcher also attempted to determine the nature and extent of the drug demand supply in and to South Africa. By making the deduction that drug demand and drug supply are interrelated the researcher was ultimately able to conclude that drug mules will continue to engage in drug smuggling as long as there is a demand for drugs and readily available drug supply routes to and from a county. From the media reports analysed cocaine, methamphetamine and heroin were the drugs most smuggled by South African drug mules. It is also clear from the media reports that cocaine and methamphetamine are smuggled in the largest quantities by South African drug mules. The quantities of heroin found in the possession of South African drug mules were insignificantly small. This contradicts treatment centre data analysed that indicated heroin and methamphetamine users were almost double in numbers in comparison to cocaine users being treated at centres. Most South African drug mules are used to smuggle drugs to the cocaine markets in Europe and South Africa; the cannabis/marijuana (herb) market in Europe; the cannabis (resin) hashish market in Canada and the United States of America; the crystal methamphetamine market in the Far East (largely Japan and Korea) and the heroin market in South Africa. Using criminology theories as a basis, the researcher attempted to describe why people are vulnerable to being recruited as drug mules. Findings concluded that structural factors such as poverty and unemployment and substance abuse-related problems, particularly in marginalised and disadvantaged communities, all contribute to South Africans becoming drug mules. Recommendations by the researcher focused on identifying specific vulnerabilities associated with drug mule recruiting and its consideration in legislation relating to drug trafficking in South Africa. The recommendations focus on the specific prosecution of drug abusers, drug mules, drug distributors and drug mule recruiters. Lastly it is projected by the researcher that the drug demand in South Africa will continue to increase if the drug supply routes and drug smuggling operations by syndicates are not addressed more firmly / Criminology and Security Science / M. A. (Criminology)

International police co-operation is a recipe for success in the fight against transnational organised crime. Such cooperation has never been without challenges, especially in the light of disharmonious national laws. SARPCCO has made promising advances towards the elimination of blockages which hamper police cooperation. The joint, bilateral, simultaneous operations which are continuously carried out and the transferring of skills through training are exemplary to the rest of the world. SARPCCO is, however, struggling to make serious inroads into the organised motor vehicle theft because of the problems in returning them to their lawful owners. The objective of this study is to analyse the laws used by the SARPCCO member countries in fighting motor vehicle theft, transnational organised crime, recoveries, repatriation, prosecution and extradition of offenders. The SARPCCO member countries on which the analysis is done are Lesotho, South Africa, Swaziland and Zambia. / Jurisprudence / LL. M.

The most challenging and spoken criminal phenomenon today is indisputably organised crime. It is a crime that both the general public, business community, commentators, researchers, scholars, journalists, writers, politicians, prosecutors, jurists and presiding officials debate with different interpretation and understanding of the concept as well as the manifestation of the phenomena. Debates on the subject have seen the dawn of rival terminologies of organised crime and crimes that are organised. While the United Nations has not assisted the nations in finding a definition of what organised crime is, the confusion has spread throughout the globe and South Africa has not been spared the pandemonium. The objective of this study is to comparatively assess the present understanding and setup in South Africa in comparison with Italy, Tanzania and the United States of America, identify the root causes of the confusion and find possible remedies to liberate the situation. The research concludes with the findings and recommendations. / Criminal and Procedural Law / LL.D.