Submitted by Silvana Teresinha Dornelles Studzinski (sstudzinski) on 2015-10-23T11:54:41Z No. of bitstreams: 1 Jacqueline Aguiar da Silva_.pdf: 756114 bytes, checksum: ac7574302d0052b68ea757e09aee174f (MD5) / Made available in DSpace on 2015-10-23T11:54:41Z (GMT). No. of bitstreams: 1 Jacqueline Aguiar da Silva_.pdf: 756114 bytes, checksum: ac7574302d0052b68ea757e09aee174f (MD5) Previous issue date: 2014-12-18 / Nenhuma / A caracterização da maternidade impositiva e simbólica, tendo no filho biologicamente estabelecido o objeto do desejo, faz analisar a inserção do direito de procriação no campo dos direitos humanos reprodutivos, que se torna mola propulsora do desenvolvimento do saber biomédico apto a desconstruir a reprodução como algo natural e transpô-la para a alcova do laboratório, imersa em um contexto bioético e biopolítico, e fincado em embates políticos e jurídicos. O corpo reprodutivo aparece no cerne da discussão domesticado, controlado e politizado, na medida em que a reprodução se torna a mola propulsora do desenvolvimento biomédico, impulsionado pelos critérios de liberdade, autonomia e igualdade e, pelas incursões da economia de mercado em contraponto com os princípios bioéticos a serem respeitados pelo saber médico, enaltecendo teias de biopoder nas relações que se estabelecem entre os sujeitos envolvidos. Nesta perspectiva, em função dos embates a serem verificados entre individual e coletivo, público e privado, ganha relevo o papel do Estado, do qual se exigem a definição de posturas ativas prestacionais, sob a forma de políticas públicas, aptas a tornar exequível o direito à concretização do projeto parental por intermédio do uso de técnicas de reprodução assistida. Não mais a mera figura de um Estado assistencialista, mas um Estado estrategista e inteligente, que insere a biopolítica na agenda de perspectivas de governamentalidade. / The characterization of imposing and symbolic motherhood, considering the biologically established child as the object of desire, conducts to analyze the insertion of the right of procreation in the field of human reproductive rights, which becomes a springboard for development of knowledge able to deconstruct biomedical playback as something natural and transpose it to the alcove of the lab, immersed in a bioethical and biopolitical context, and stuck in political and legal struggles. The reproductive body appears at the core of the discussion tamed, controlled and politicized to the extent that reproduction becomes the mainspring of the biomedical development, driven by the criteria of freedom, autonomy and equality and, by the incursions of the market economy in contrast with the bioethical principles to be respected by the medical knowledge, extolling webs biopower relations established between the individuals involved. In this perspective, in terms of the collisions to be checked between individual and collective, public and private, becomes important the role of the State, which requires the definition of prestacionais active stance in the form of public politics, such as to make enforceable the right to implementate the parental project through the use of assisted reproduction techniques. No longer a mere figure of a welfare state but a clever and strategist State, which placed biopolitics in the prospects of governmentality agenda.

A presente tese trata da Previdência Social como instrumento de intervenção do Estado brasileiro na economia. Voltada ao direito econômico, apresenta à ciência do direito conhecimentos interdisciplinares a respeito das relações de trabalho e produção no Brasil, visando compreender as instituições jurídicas previdenciárias. Discute a economia capitalista, o Estado de Bem-Estar Social, seus diferentes modelos e os efeitos deste sobre a economia: desmercantilização da proteção social, estratificação da sociedade e redistribuição de renda. Critica o arcabouço jurídico do Estado liberal, fundado nos conceitos de direito subjetivo e relação jurídica que, ao reproduzirem a forma mercadoria, conceito da teoria marxista, mostram-se insuficientes para a compreensão dos direitos sociais. Apresenta o quadro normativo atual da Previdência Social Brasileira, bem como sua evolução legislativa e sua história econômica. O orçamento da seguridade social, tal qual desenhado na Constituição, é aspecto central do debate sobre o gasto público previdenciário e serve como instrumento da política econômica, por meio de institutos semelhantes à atual Desvinculação das Receitas da União DRU e manipulação dos índices de correção monetária aplicáveis aos benefícios, que foram utilizados para estabilizar a moeda e reduzir o déficit público. Fixados esses conceitos iniciais, o trabalho passa a discutir os efeitos da previdência brasileira sobre a economia. Aborda-se a solidariedade e a desmercantilização da proteção social, com ênfase nas relações de custeio, em especial a tributação da folha de pagamentos e o Seguro de Acidentes de Trabalho, cuja disciplina legal tornou-se das mais interessantes após a criação do Fator Acidentário de Prevenção FAP, e no pagamento de benefícios, em que se discute o salário-família, o fator previdenciário e a desaposentação. Sobre a estratificação social causada e reforçada pela previdência, trata-se da economia informal, as relações de terceirização e o trabalho doméstico. É identificada a estreita relação entre atividade econômica, as formas de custeio e o direito a benefícios. Por fim, é analisada a eficácia da previdência como instrumento de redistribuição de renda para redução das desigualdades sociais, com apresentação de estudos empíricos, discussão teórica e análise das normas jurídicas, bem como análise específica da previdência rural no Brasil, tendo em vista suas particularidades e as relações de trabalho e produção no campo. / This thesis discusses the pensions in social security system as an instrument for economic State interventions. Focused on economic law, this work introduces to jurisprudence some interdisciplinary knowledge about labor and manufacturing relations in Brazil, aiming to understand the social security legal institutions. It discusses capitalism, the welfare state, its different models and its effects on the economy: de-commodification of social protection, stratification of society and redistribution of incomes. It also criticizes the legal framework of liberal state, founded on the concepts of right and legal relationships, that reproduce the commodity form, concept of Marxist theory, and seems to be insufficient for a complete understanding of social rights. It displays the current framework of Brazilian Social Welfare, as well as its legislative developments and its economic history. The social security budget, as is outlined in the Constitution, is central to discussions on pension public spending and serves as an instrument of economic policy. Set these initial concepts, the work discuss the effects of pensions on Brazilian economy. It deals with the solidarity principle and de-commodification of social protection, with an emphasis on the taxation of payroll and employers\' liability insurance, whose legal discipline has become more interesting, and the payment of benefits to the retired. On social stratification caused and reinforced by social security, it analyzes the informal economy, outsourcing relationships and housework. It identified the close relationships between economic activity, forms of taxation and the right to benefits. Finally, it analyzes the effectiveness of the social security as redistributive tool to reduce social inequalities, with the presentation of empirical studies, theoretical discussion and analysis of legal acts, as well as specific analysis of rural social security in Brazil, given their specificities and labor relations and production in rural capitalism.

This thesis is empirically grounded in New Zealand's restructuring of unemployment and taxation policy in the 1980s and 1990s. Theoretically it is inspired by a post-Marxist discourse analytical approach that focuses on discourses as political strategies. This approach has made it possible, through an analysis of changing citizenship discourses, to understand how the neoliberalisation of New Zealand's citizenship regime proceeded via debate and struggle over unemployment and taxation policy. Debates over unemployment and taxation in New Zealand during the 1980s and 1990s reconfigured the targets of policy and re-ordered social antagonism, establishing a neoliberal citizenship regime and centring political problematic. This construction of a neoliberal citizenship regime involved re-specifying the targets of public policy as consumers and taxpayers. In exploring the hegemonic discourse strategies of the Fourth Labour Government and the subsequent National-led governments of the 1990s, this thesis traces the process of reconfiguring citizen subjectivity initially as 'social consumers' and participants in a coalition of minorities, and subsequently as universal taxpayers in antagonistic relation to unemployed beneficiaries. These changes are related back to key discursive events in New Zealand's recent social policy history as well as to shifts in the discourses of politicians that address the nature of the public interest and the targets of social policy. I argue that this neoliberalisation of New Zealand's citizenship regime was the outcome of the hegemonic articulatory discourse strategies of governing parties in the 1980s and 1990s. Struggles between government administrations and citizen-based social movement groups were articulated to the neoliberal project. I also argue that in the late 1990s, discursive struggle between the dominant parties to define themselves in difference from each other reveals both the 'de'contestation of a set of neoliberal policy prescriptions, underscoring the neoliberal political problematic, and the privileging of a contributing taxpayer identity as the source of political legitimacy. This study shows that the dynamics of discursive struggle matter and demonstrates how the outcomes of discursive struggle direct policy change. In particular, it establishes how neoliberal discourse strategies evolved from political discourses in competition with other discourses to become the hegemonic political problematic underscoring institutional practice and policy development.

Changes in juvenile justice are often attributed to increases in offending and media attention to crime. A "cycle" of reforms, which alternate between punitive and treatment type responses has been identified. This study explores the possibility that wider socio-political events also have implications for reforms. Nations in which welfare and juvenile justice systems are highly integrated, may exhibit different patterns of policy change than those observed elsewhere. Changes in juvenile justice policy in New Zealand and Sweden are examined. The implications of policy change for the rights and responsibilities of those involved in the juvenile justice system are also examined. This includes the State, juvenile offenders and their parents and the victims of crime. Particular attention is given to the status of parental rights.

<p>The general aim of this dissertation is to describe and analyse how public old-age care in Sweden has developed and changed during the last century. The study applies a provider perspective on how care has been planned and professionally carried out. A broader social policy perspective, studying old-age care at central/national as well as local/municipal level, is also developed. A special focus is directed at the large local variation in care and services for the elderly. The empirical base is comprised of official documents and other public sources, survey data from interviews with elderly recipients of public old-age care, and official statistics on publicly financed and controlled old-age care and services.</p><p>Study I addresses the development of old-age care in Sweden during the twentieth century by studying an important occupation in this field – the supervisors and their professional roles, tasks and working conditions. Throughout, the roles of supervisors have followed the prevailing official policy on the proper way to provide care for elderly people in Sweden; from poor relief at the beginning of the 1900s, via a generous level of services in the 1960s and 1970s, to today’s restricted and economy-controlled mode of operation.</p><p>Study II describes and compares two main forms of public old-age care in Sweden today, home help services and institutional care. The care-load found in home-based care was comparable to and sometimes even larger than in service-homes and other institutions, indicating that large care needs among elderly people in Sweden today can be met in their homes as well as in institutional settings.</p><p>Studies III and IV analyse the local variation in public old-age care in Sweden. During the last decades there has been an overall decline in home help services. The coverage of home help for elderly people shows large differences between municipalities throughout this period, and the relative variation has increased. The local disparity seems to depend more on historical factors, e.g., previous coverage rates, than on the present municipal situation in levels of need or local economy and politics.</p><p>In an introductory part the four papers are linked together by an outline of the demographic situation and the social policy model for old-age care in Sweden. Trends that have been apparent over time, e.g. professionalisation and market orientation, are traced and discussed. Conflicts between prevailing ideologies are analysed, in regards to for instance home-based and institution-based care, social and medical culture, and local and central levels of decision-making. ’Welfare municipality’, ‘path dependency’, and ‘decentralisation’ are suggested as a conceptual framework for describing the large and increasing local variations in old-age care. Finally, implications of the four studies with regard to old-age care policy and further research are discussed.</p>

<p>Gender politics in Sweden is considered unique because gender policies (jämställdhet) are integrated into national politics and politicised both in the public and the private sphere. The Swedish case is therefore considered a role model by many feminist scholars.</p><p>This view has been criticised by both post modern feminists and public administration scholars. Critics imply that the increased immigration and more heterogeneous population have led to a new challenge for state institutions. The Swedish model, with its universal welfare solutions, lacks the ability to recognise differences within groups. Universal solutions that treat everyone the same is no longer the most just way to treat people.</p><p>The growing use of goal orientation in Swedish public administration has increased the civil servants discretion in the implementation process, and thereby the space for differentiated treatment. This thesis aims to study the civil servants that implement gender policies in every day practice. It is focused on their interpretations of gender and gender equality and how this affects their exercise of authority. The thesis is a case study of two authorities in a heterogeneous area – the northern part of Botkyrka.</p><p>By using a two-fold theoretical approach and combine two perspectives, feminism and a policy analysis, the study analyses how the front-line bureaucrats handle the tension between the universal welfare politics and the demands of the immigrants. The first theoretical approach presents two different feminist perspectives: one that values economic redistribution and one that find it more fair to recognise differences between women. The second approach introduces theories on implementation that makes it possible to study how interpretations have an impact on the exercise of authority in front-line bureaucracies.</p><p>The main result of the study is that the front-line bureaucrats’ interpretations differ from the national gender politics. They have a more differentiated view of women than the universal Swedish gender politics. The study also shows that front-line bureaucrats tend to attribute negative cultural factors to immigrants. These prejudices find their way through the bureaucracy, into the public administration and the exercise of authority.</p>

Since the 1980s, practically all of the western welfare states have developed social policies, which aim at shifting the responsibilities for welfare services from the state to the family, the civil society or to the market. In Sweden, this political transformation has particularly hit the public eldercare. In the last twenty years, the percentage of the population 65 years and older receiving public home help services in Sweden has decreased from 23 to 8 per cent at the same time as the number of beds in hospitalized eldercare has been heavily reduced. Moreover, during the course of the 2000s, the majority of the Swedish municipalities have reintroduced means testing of the eldercare based on whether the elderly have relatives or not that can perform the services. Parallel with these downsizes in the publicly financed and organized eldercare; privately produced eldercare services have increased, carried out by large and internationally own business corporations. Based on an theoretical framework, which combines the historical approach within the neo-institutional research tradition with a discursive method of analysis, this thesis explores if the period from the 1980s and onwards has been a formative moment in Swedish eldercare during which new ideas have become embedded in the institutional frameworks regulating the division of responsibility for eldercare services between the state, the family and the market. To examine if and how the municipalities, which are principally responsible for organizing and financing the public eldercare in Sweden, have implemented the change in ideas that have emerged in national politics since the 1980s, the thesis also examines how the eldercare has developed in two of Sweden’s municipalities since the 1980s. The results of the thesis demonstrates that the period from the 1980s and onwards has been a formative moment in the Swedish eldercare during which new ideas regarding the public responsibility for eldercare service have emerged and become institutionalized. Since the 1980s, senior citizens’ need for care has increasingly been re-interpreted from a public to a private issue with the consequence that today, their need for certain services, in particular those related to housework, are no longer regarded to be a public responsibility but a private matter that the elderly will have to solve, either by buying the services on the market, or, by asking relatives for help and assistance. The main problem connected with this reprivatization of senior citizens’ need for care is, however, that as the state has withdrawn its responsibility, women, in their role of being wives, daughters, or daughters-in-laws, have been forced to step in as informal and unpaid providers of care. Therefore, regardless of political reigns and modes of production, women have been forced to taken on an increasingly larger responsibility for their elderly relatives.

This thesis has analysed the relations among the women’s movement, the state and the labour market policy during and shortly after the Second World War and to what extent this period can be characterised as a formative phase as regards gender relations. The aim has been to study women’s strategic actions in order to influence the Swedish Government’s labour market policy in the period from 1939 to 1947. The thesis shows the conflicts of interest that manifested themselves between Statens arbetsmarknadskommission (SAK, ‘the National Swedish Labour Market Commission’) and its advisory women’s group, experts on women’s issues, concerning the planning and utilisation of female labour. SAK thought that the work of the experts on female issues should only focus on the short-term labour problems caused by the national crisis situation, while the experts on women’s issues were of the opinion that they should also work with long-term labour-market issues for women. These different ways of thinking and understanding the problem originated in different views on women’s work. The experts on women’s issues wanted to strengthen women’s position on the labour market by abolishing the wage differences between the genders, breaking the gender segregation in education, and broadening the occupational choices of girls. They had three strategies for achieving this: a strategy of professionalisation, a strategy of change, and a strategy of state feminism. The strategy of professionalisation was aimed at raising the value of traditional female work, in terms of both status and wages. The strategy of change was aimed at creating new opportunities for women to leave typical low-wage jobs and gain access to better paid jobs in male-dominated areas. The strategy of state feminism was aimed at paving the way for women in new and expanding occupational areas beside the traditional male occupations. Can the period during and shortly after the war be characterised as a formative phase of the issue of gender relations? It is evident that this period did not involve a revolution of the societal gender order. The idea of women as reserve labour did not disappear. The post-war planners considered that, in the transition to peace, the women who had replaced men who were called up should be redeployed or retrained for employment in household work, in hotels, restaurants and cafés, in shops and in health care. In spite of the great shortage of labour in the post-war period, leading politicians and economists stuck to old ways of thinking. A clear indication on the part of the Government was that the women’s movement’s demand for long-term planning in order to utilise female labour was turned down. One important difference from the First World War was that the Government produced peace plans for women’s work during the Second World War. The period also led to ideological and institutional consequences that could be the beginning of a change of the societal gender order. From her central position in Kommissionen för ekonomisk efterkrigsplanering (‘the Commission for economic post-war planning’), Karin Kock could see to it that women’s demands for greater occupational mobility and a loosening up of the gender division of labour had an impact on the post-war planning of the war years. The experiences of women in male industries in the Second World War, both in Sweden and abroad, showed to some extent that it was possible to change the gender division of labour. The modern welfare state also came to correspond to a great extent to the state feminist strategy of the experts on women’s issues. With the historical formation of the welfare state a new type of occupational groups developed, the so-called welfare state professionals.

This thesis concerns the development of Swedish ice hockey as a national phenomenon during the period 1920–1972. The dissertation explores how the sport of ice hockey in just over half a century was transformed from a rather insignificant North American cultural import to one of Sweden’s most treasured pursuits by and large, and harbouring a national team (known as “Tre Kronor”) that at the height of its popularity in 1970 gathered almost the whole nation (82 percent of the adult population) in front of TV-sets during national game broadcasts. The analytical approach of the study is grounded in the theoretical assumption that “to be Swedish” is something you “learn” on a daily basis, and that an investigation of how “the nation” is constructed as an imagined community must see to the interplay between national rhetoric on the one hand and national practice on the other. This means that the analysis moves on two different levels, where the first is comprised of the sporting practice in itself (teams, games, players etc.), while the other deals with the conception of ice hockey in relation to national identity. The empirical investigation shows that the introduction of ice hockey in Sweden was “launched from above” under the influence of unbridled nationalistic sentiment in Sweden at large at the turn of the 20th century. The study also shows that during the inter-war era the Swedish Ice Hockey Federation promoted the spread of ice hockey in Sweden by stressing the game’s benefits as a more practical sport than the similar and already established winter sport, bandy. It is also argued that in most cases it was not so much a genuine passion for the game itself, but instead prosaic factors (economical considerations, sporting success and maintenance of ice surface etc.) that made sporting clubs take up ice hockey. After World War II the public interest in ice hockey exploded in Sweden. In the cold war era, Tre Kronor came to function as a thermometer of how the so called Swedish model stood up in comparison to the superpowers of the world. The analysis also underlines the importance of the comprehensive organizational and moral rearmament of Swedish ice hockey at large conducted by the Swedish Ice Hockey Federation in the post-war era, since it helped its cultural incorporation in the Swedish welfare state and its connection to Swedish national identity

Au Québec, depuis les 25 dernières années, l’enjeu de la privatisation dans le secteur de la santé revient constamment dans le débat public. Déjà dans les années 1980, lorsque le secteur de la santé a commencé à subir d’importantes pressions, faire participer davantage le privé était présenté comme une voie envisageable. Plus récemment, avec l’adoption de la loi 33 par le gouvernement libéral de Jean Charest, plusieurs groupes ont dénoncé la privatisation en santé. Ce qui frappe lorsque l’on s’intéresse à la privatisation en santé, c’est que plusieurs textes abordant cette question ne définissent pas clairement le concept. En se penchant plus particulièrement sur le cas du Québec, cette recherche vise dans un premier temps à rappeler comment a émergé et progressé l’idée de privatisation en santé. Cette idée est apparue dans les années 1980 alors que les programmes publics de soins de santé ont commencé à exercer d’importantes pressions sur les finances publiques des États ébranlés par la crise économique et qu’au même moment, l’idéologie néolibérale, qui remet en question le rôle de l’État dans la couverture sociale, éclipsait tranquillement le keynésianisme. Une nouvelle manière de gérer les programmes publics de soins de santé s’imposait comme étant la voie à adopter. Le nouveau management public et les techniques qu’il propose, dont la privatisation, sont apparus comme étant une solution à considérer. Ensuite, par le biais d’une revue de la littérature, cette recherche fait une analyse du concept de privatisation, tant sur le plan de la protection sociale en général que sur celui de la santé. Ce faisant, elle contribue à combler le flou conceptuel entourant la privatisation et à la définir de manière systématique. Ainsi, la privatisation dans le secteur de la santé transfère des responsabilités du public vers le privé dans certaines activités soit sur le plan: 1) de la gestion et de l’administration, 2) du financement, 3) de la provision et 4) de la propriété. De plus, la privatisation est un processus de changement et peut être initiée de manière active ou passive. La dernière partie de cette recherche se concentre sur le cas québécois et montre comment la privatisation a progressé dans le domaine de la santé au Québec et comment certains éléments du contexte institutionnel canadien ont influencé le processus de privatisation en santé dans le contexte québécois. Suite à une diminution dans le financement en matière de santé de la part du gouvernement fédéral à partir des années 1980, le gouvernement québécois a privatisé activement des services de santé complémentaires en les désassurant, mais a aussi mis en place la politique du virage ambulatoire qui a entraîné une privatisation passive du système de santé. Par cette politique, une nouvelle tendance dans la provision des soins, consistant à retourner plus rapidement les patients dans leur milieu de vie, s’est dessinée. La Loi canadienne sur la santé qui a déjà freiné la privatisation des soins ne représente pas un obstacle suffisant pour arrêter ce type de privatisation. Finalement, avec l’adoption de la loi 33, suite à l’affaire Chaoulli, le gouvernement du Québec a activement fait une plus grande place au privé dans trois activités du programme public de soins de santé soit dans : l’administration et la gestion, la provision et le financement. / For the last 25 years, the issue of health care privatization has frequently been a subject of public debate in Québec. Already during the 1980s, when the health sector was starting to be under pressure, the use of the private sector was presented as a possible alternative. More recently, with the adoption of bill 33 by the liberal government of Jean Charest, many groups in the civil society have denounced the privatization of health care. What is striking when we study health care privatization is that the concept is rarely clearly defined. Through a closer look at the Quebec case, this research first recalls how the idea of health care privatization has emerged and progressed. This idea appeared during the 1980s when health care public programs started to represent important pressures on the public finance of states that were also experiencing an economic crisis. At the same time, neoliberalism and its questioning of the welfare state was slowly eclipsing keynesianism. A new way of managing health care public programs seemed necessary. New public management and the techniques it proposes, privatization being one of them, appeared to be the solution to consider. Then, through a literature review, this research analyzes the concept of privatization, in the realm of social protection in general but also more specifically in health care. Through this process, the research clarifies the concept of privatization and defines it systematically. Thus, privatization in the health care sector transfers responsibility from the public to the private in different areas. These areas are: 1) management and administration, 2) financing, 3) provision, 4) ownership. Adding to this definition, privatization is a process of change and can be initiated actively or passively. The last part looks more particularly at the Québec case and shows how privatization has evolved in the Québec health care sector. It also highlights how some aspects of the Canadian institutional context have influenced health care privatization in the province. Québec has not been impervious to privatization. After the cuts in health care funding by the federal government that began in the 1980s, the Québec’s government reacted by actively privatizing some complementary health services through de-insurance. It has also put in place the ambulatory shift policy, which has lead to a passive privatization of health care. The ambulatory shift represented a new trend in health care provision that consists in sending patients home more quickly after their hospitalization. The Canadian Health Act, considered as an obstacle to privatization, does not limit this kind of privatization. Finally, with the passing of bill 33, after the Chaoulli case, the Québec’s government has actively opened the door to the private sector in three health care activities: administration and management, provision, and financing.