Submitted by Renata Lopes (renatasil82@gmail.com) on 2016-07-07T13:38:30Z No. of bitstreams: 1 brunobruziguessibueno.pdf: 1654909 bytes, checksum: 4afa032d6aebc26cc74a009b00afc7f9 (MD5) / Approved for entry into archive by Adriana Oliveira (adriana.oliveira@ufjf.edu.br) on 2016-07-08T13:29:24Z (GMT) No. of bitstreams: 1 brunobruziguessibueno.pdf: 1654909 bytes, checksum: 4afa032d6aebc26cc74a009b00afc7f9 (MD5) / Made available in DSpace on 2016-07-08T13:29:24Z (GMT). No. of bitstreams: 1 brunobruziguessibueno.pdf: 1654909 bytes, checksum: 4afa032d6aebc26cc74a009b00afc7f9 (MD5) Previous issue date: 2012-09-20 / Este trabalho tem como objetivo principal analisar os fundamentos sociais, históricos, políticos e ideológicos que caracterizam, no contexto atual, o processo de criminalização do Movimento dos Trabalhadores Rurais Sem Terra (MST). Esta análise foi feita a partir de pesquisa junto a documentos referentes ao estado do Rio Grande do Sul durante o mandato da governado Yeda Crusius, sobretudo durante os anos de 2007 e 2008. Esta análise é balizada pelas particularidades da formação social brasileira, em especial a formação do capitalismo dependente e do Estado. Conta ainda com o estudo das características da questão agrária no Brasil e a construção da luta pela reforma agrária como direito social fundamental por parte dos movimentos campesinos, em especial com o surgimento e a trajetória do MST, de 1984 até a contemporaneidade. Nosso estudo é apoiado na abordagem crítica dos elementos que constituem a Doutrina de Segurança Nacional na América Latina, tendo como ponto central da análise a disputa por projetos societários na sociedade civil e como os preceitos desta Doutrina estão disseminados no atual contexto de luta de classes no Brasil, compondo, ao longo dos anos 2000, parte fundamental do processo de criminalização. A construção deste trabalho utiliza a tradição marxista como fundamento teórico-metodológico e ideo-político como referência, sobretudo as categorias dos clássicos Marx, Lênin e Gramsci. Além disso, nos remtemos também aos pensadores sociais brasileiros, clássicos e contemporâneos, no estudo da realidade nacional e suas especificidades. A pesquisa toma como referência o processo de criminalização ocorrido no Rio Grande do Sul através de ações do Ministério Público Estadual e da Brigada Militar deste estado contra o MST, demonstrando a atualidade da Doutrina de Segurança Nacional e a complexidade da relação entre sociedade civil e sociedade política. / This work has as main objective to analyze the social, historical, political and ideological fundamentals featuring in the current context, of the Landless Workers Movement‘ (MST) process of criminalization in Brazil. This analysis was based on research with the documents relating to the state of Rio Grande do Sul during the tenure of the governed Yeda Crusius, especially during the years 2007 and 2008. This analysis is buoyed by the particularities of the Brazilian social formation, in particular the formation of dependent capitalism and the state. There is also the study of the characteristics of the agrarian question in Brazil and the construction of the struggle for land reform as a fundamental social right by the peasant movements, especially with the emergence and trajectory of the MST, from 1984 until the present. Our study is supported by the critical approach of the elements that constitute the National Security Doctrine in Latin America, with a focus on the analysis competition for corporate projects in civil society and how this Doctrine precepts are spread in the current context of class struggle in Brazil, composing, throughout the 2000s, a fundamental part of the process of criminalization. The construction of this work uses the Marxist tradition as a theoretical-methodological and ideo-political reference, especially the classic categories of Marx, Lenin and Gramsci. Moreover, we also refer to Brazilian social thinkers, classical and contemporary, in the study of national reality and its specifics. The research takes as reference the criminalization process occurred in Rio Grande do Sul through actions and the State Prosecutor of the Military Brigade of this state against the MST, demonstrating the relevance of the National Security Doctrine and the complexity of the relationship between civil society and political society.

Administrative justice is traditionally considered as the main alternative to the criminal justice system when a certain illegality is decriminalized or not enforced by criminal justice institutions (e.g. the regulation of elite deviance, urban disorder, mental health, etc.). This doctoral thesis studies how the conflicts related to immigration are being managed in the largest administrative tribunal in Canada: the Immigration and Refugee Board (IRB). It asks how exactly does immigration justice, and administrative law more broadly, constitute an alternative to criminal justice in terms of social reaction, and what kinds of challenges does this alternative present for the study of social control. This research takes a qualitative approach based on documentary analysis and long-term ethnographic fieldwork conducted at the IRB between 2007 and 2009. It uses its own theoretical framework building on post-structural perspectives, including Bourdieu’s constructivist structuralism, governmentality and nodal governance studies, left realism and political economy of punishment. In the empirical part of the thesis, I present some of the characteristics of the legal translation of conflicts in immigration law, including the forms and logics of punishment involved and how immigration law is practiced at the tribunal. I argue that administrative adjudication and punishment differ substantially from criminal law regimes and I question the idea of criminalization (of immigration) as a category capable of nuancing the complexity of administrative forms of social reaction. Instead, I suggest that we should take these forms of punitive social reaction as they are, and study how they operate along, beyond and in addition to criminal law. I propose an integrated conception of the penal complex which works as a mobile (kinetic sculpture) and includes the criminal law realm, but also other normative systems that configure ‘less’ prominent locations of punishment playing an increasing role in social reaction. I conclude by proposing a new reading of selectivity of justice and penal policies, and consequently, a new agenda for criminology and criminologists. In this new agenda, the penal complex should be taken as a totality in order to promote broader and combined propositions for law reform and resistance to punitiveness.

The aim of this paper is to analyze criminal liability for breaching competition law. The main part of this thesis is dedicated to criminalization of cartels in the Czech Republic analysis which uses comparison to other jurisdictions such as USA and EU because it is trying to answer the question whether criminalization of uncompetitive conduct in the Czech Republic has a potential to become an efficient mechanism for fighting cartels in particular. And this criminalization has a positive effect on other competition law enforcement systems. The first chapter is dedicated to the explanation of basic terms related to the competition and competition law. Second chapter explains what cartel agreements are and what types of public and private enforcement exists to fight them. Also it points out to the trend of cartel criminalization. Third chapter analyzes cartel enforcement in USA as a model country in this area of law. Chapter number four looks into the EU legislation since it applies to the Czech Republic. Also it looks at individual member states steps towards fighting cartels. The last chapter dealing with cartel agreement analyzes the Czech Republic's legislation. This analysis is supported by previously acquired knowledge of US and EU legislations which is used to make comparisons. Final chapter continues with the analysis of Czech legislation however this time with unfair competition in order to provide a complete picture of criminal liability when breaching the competition law.

Historically, “offender”-focused discourses have dominated the field of criminology while overlooking those family members who become subject to justice intervention by virtue of their familial bonds. In this qualitative study, unstructured interviews were conducted with eight nuclear family members of criminalized persons in Ontario and Quebec. Participant accounts reveal that the interviewed family members self-imposed significant moral and legal responsibilities for their relatives following criminal justice intervention and simultaneously experienced negative role re-evaluation driven by feelings of guilt, failure, and self-blame. Participants’ inherent lack of control over their criminalized relatives’ behaviours and the criminal justice system’s decisions exacerbate negative impacts of criminalization on non-criminalized relatives’ self-concepts. This lack of control increases the stress of criminal justice intervention while straining family resources. When relatives are justice-involved for prolonged period, the family becomes stuck in a constant state of stress and uncertainty, which may have lasting consequences on the family if left unmanaged. Criminal justice intervention as a disruptive event then reconfigures the family in ways that often leave lasting impacts on nuclear family relationships. This thesis engages with Boss’ (1999, 2006) theory of Ambiguous Loss to analyze participants’ experiences and demonstrate the consequences of criminalization on various nuclear family members in a Canadian context. To mitigate certain limitations of Boss’ (1999, 2006) theory, criminal justice intervention is first defined as a disruptive event that transforms family members’ known realities into threatening and uncertain environments. This thesis then explores the stress and strain that justice intervention places upon the family and applies the theory of Ambiguous Loss to understand criminalization as a source of ambiguous loss. Further, this thesis expands the scope of Boss’ (1999) theory beyond the experiences of certain populations (i.e. children of incarcerated parents) and discovers the limitations of this theory in the context of criminological research. It also opens the door for future research to apply this theory to criminalized populations.

Men who have sex with men (MSM) are at high risk of HIV in Nigeria. However, African countries like Nigeria, Botswana, Mali, and Mozambique have laws that prohibit homosexuality, making it a punishable crime in these countries. For example, the Nigerian government signed the anti-gay law in 2014. Laws like these affect the health status and outcomes among Nigerian MSM. The purpose of this qualitative study was to examine the influence criminalization of homosexuality has on the willingness to test for HIV among MSM in Abuja, Nigeria. Guided by the socio-political theory (SP) as the theoretical framework, a qualitative approach was designed to understand HIV testing perception among MSM since after the criminalization of homosexuality in Nigeria. Interviews were conducted among 15 MSM to understand how the law created factors that influence their decision to test for HIV and their quality of life. Data gathered from the face to face interview was coded based on the research questions. Further analysis was done using thematic to develop themes that addressed the research questions. Findings revealed that anti-gay law influenced MSM to avoid HIV testing and disclosure. Additional themes revealed respondents’ perceptions on homosexual criminalization’s impact on healthcare access, fear of imprisonment, relationships, and psychological and physical fears. The research findings will help address the discrimination, social injustice, violence and human right violation MSM face in Nigeria. Through dissemination of these findings, positive social change will be achieved through increased HIV testing among MSM and improve HIV prevention programs aimed at MSM.

abstract: The education and criminal justice systems have developed in relation to one another, intersected through specific events, policies, practices, and discourses that have ultimately shaped the experiences and lives of children of color. Racism, white supremacy, and oppression are foundational to the United States and evident in all systems, structures, and institutions. Exploring the various contexts in which the education and criminal justice systems have developed illuminates their coalescence in contemporary United States society and more specifically, in public schools. Public schools now operate under discipline regimes that criminalize the behavior of Black and Brown children through exclusionary practices and zero-tolerance policies, surveillance and security measures, and school police. Children of color must navigate complex and interlocking systems of power in schools and the broader society that serve to criminalize, control, and incapacitate youth, effectively cementing a relationship between schools and prisons. Describing these complex and interlocking systems of power that exclude children from schools and force them into the criminal justice system as the “school-to-prison pipeline” is increasingly insufficient. The “school-prison nexus” more accurately and completely embodies the relationship between education, incarceration, and the political economy. In the United States, where capitalism reigns, the school-prison nexus serves as an economic imperative to further fuel the political economy, neoliberal globalization, and the prison-industrial complex. In both the education and criminal justice systems, Black and Brown children are commodified and exploited through the school-prison nexus as a mechanism to expand free-market capitalism. / Dissertation/Thesis / Masters Thesis Social and Cultural Pedagogy 2020

No description available.

During the Great Migration (1916-1970) of African Americans to the North, Philadelphia’s police department, journalists, and city officials used news media to disseminate crime narratives laced with statistics and racial stereotypes of “black invasions,” “urban neighborhood jungles,” “roving black gangs,” and the “culture of poverty” to convince the white middle-class to resist desegregation and support tough on crime policing in the inner city from 1958 to the present-day. However, African Americans experienced double victimization from the proliferation of these crime narratives. Police and journalists used crime narratives to justify the racially-biased policing tactics of hyper-surveillance, daily patrols, excessive force, and incarceration against black and poor residents. Over time, city officials developed a system of racial capitalism in which City Council financially divested from social welfare programs, invested in the police department, and promoted a tough on crime policing program that generated wealth for Philadelphia’s tax base and attempted to halt white flight from the city. My evidence consists of newspapers, archived news reel, municipal court dockets, census records, oral histories, interviews, police investigation reports, housing project pamphlets, and maps to demonstrate that a consequence of tough on crime policing was hyper-surveillance, the use of excessive force, and neglect by officers in the most disadvantaged areas of the city: poor, segregated, and black-inhabited housing projects and neighborhoods. Nevertheless, by looking through the lens of Philadelphia specifically, I emphasize that the budgetary strategy of a city government spending more money on policing and corrections than social welfare programs is ineffective and a form of racial capitalism which relies on criminal scapegoating, continues the cycle of poverty-induced crime, inflates rates of incarceration and police brutality, and marginalizes poor people of color. / History

In the latest years, European governments have increasingly criminalized providing support to displaced people. Humanitarian non-governmental organizations (NGO) carrying out life-saving search and rescue (SAR) activities in the Mediterranean Sea have been facing wide obstacles in aiding newcomers, and in many instances have been subject to criminal proceedings. This research attempts to analyse the reasons why maritime sea rescue is equated with illegality. In doing so, it seeks to answer the question, “what are the challenges to reaching legal protection for humanitarian aid workers carrying out search and rescue operations in the Mediterranean when faced with criminalization?” The study argues that humanitarian aid workers (HAW) who have been criminalized as a result of their involvement in maritime sea rescue activities, have to endure many systemic deficiencies. Three layers of interrelated challenges are identified: legal, socio-political, and personal challenges. The study concludes that an independent, quality legal defence; a revisitation of the voluntary nature of the humanitarian exemption clause in the 2002 Facilitation Package; and a larger engagement of civil society actors in changing the narrative and improving the public’s practical knowledge of migration would ensure better protection for humanitarian practitioners involved in search and rescue activities. / <p>It was online.</p>

Corruption is a very current problem, which occurring in both the public and private sectors, poses a great threat to society as a whole. The main goal of the diploma thesis is to provide a thorough analysis of the legal regulation of corruption in the Czech republic. Therefore, this work presents both substantive law, with focus on criminal offenses of bribery, and procedural law. The introductory section of the thesis introduces the theoretical aspects of corruption; namely the definition of this term as well as other related terms, types of corruption or the possibilities of measuring it. The author does not omit the relevant European and international aspects of the fight against corruption. The main part of the thesis is devoted to the Czech legislation currently in force related to bribery; but it deals with the development of legislation in the Czech Republic, too. Thus, the work discusses criminal offenses of bribery; corruption sanctions regime, as well as procedural tools focused on uncovering corrupt conduct. The final part of the work focuses on the comparison of legislation in the Slovak republic and French Republic. The current Czech legislation reflects the obligations arising from the law of the European Union and international law. As corrupt individuals do not hesitate to use all...