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Submitted by Ana Valéria de Jesus Moura (anavaleria_131@hotmail.com) on 2018-07-25T16:40:15Z No. of bitstreams: 1 MARCOS YOUJI- TESE_MINAMI_UFBA.pdf: 835357 bytes, checksum: 2056de0176c01fe7268820dc3590e654 (MD5) / Approved for entry into archive by Ana Valéria de Jesus Moura (anavaleria_131@hotmail.com) on 2018-07-25T16:40:24Z (GMT) No. of bitstreams: 1 MARCOS YOUJI- TESE_MINAMI_UFBA.pdf: 835357 bytes, checksum: 2056de0176c01fe7268820dc3590e654 (MD5) / Made available in DSpace on 2018-07-25T16:40:24Z (GMT). No. of bitstreams: 1 MARCOS YOUJI- TESE_MINAMI_UFBA.pdf: 835357 bytes, checksum: 2056de0176c01fe7268820dc3590e654 (MD5) / Execução é a realização, mediante procedimento devido, previsto em lei ou, em determinados casos, estabelecido pelo magistrado ou pelas partes, de uma prestação consubstanciada em um título executivo. Essa prestação pode ocorrer em virtude de inadimplemento ou é necessária para impedir um ilícito ou sua repetição. Os meios executivos são as ações necessárias para se obter esse resultado. No Brasil, por muito tempo, o procedimento executivo era completamente detalhado em lei, principalmente se a prestação devida fosse quantia. É a execução regida pela tipicidade dos atos executivos. Com o passar dos anos, o sistema foi caminhando para a atipicidade dos meios executivos. O primeiro passo foi a abertura procedimental para as prestações não pecuniárias. Com o atual Código de Processo Civil, principalmente a partir dos artigos 4º e 139, IV, é possível concluir que a atipicidade dos meios executivos, a depender do caso concreto, pode ser observada em qualquer procedimento executivo, independentemente do tipo de título executivo e do tipo de prestação devida. Para buscar os parâmetros mínimos para que isso possa ocorrer, o presente estudo analisou as bases do processo executivo. Partindo de uma análise bibliográfica, conceituou-se o fenômeno execução e estabeleceu-se suas principais bases teóricas. Em seguida, esta pesquisa aplicou esse conceito e essas bases dogmáticas no estudo dos meios executivos. Utilizou-se pesquisa qualitativa e o método hipotético-dedutivo. Conclui-se que os critérios mínimos para a aplicação de meios atípicos de efetivação são dados pelos critérios que fundamentam e limitam a própria atividade executiva no Brasil. / The enforcement processes aim to implement, through due process, established by statute law or, in certain cases, by the judge or even the parties, of a benefit embodied in this document called enforceable document (título executivo). Such benefit may occur as a result of default or is necessary to prevent an offence to happening or its repetition. Enforcement means are the actions necessary to achieve this result. In Brazil, for a long period of time, the enforcement process was completely detailed in statute law, especially in processes aiming cash. This case is known as enforcement process ruled by typified acts. Over the years, this system has been opening, moving towards acts not specified by legislators. First, the system opens when the enforcement process goal is not cash. With the current Brazilian Civil Procedure Code, mainly from Articles 4 and 139, IV, it is possible to conclude that the processes ruled by not typified enforcement means are not the exceptions any more. Now, it depends on the case. In order to find out the minimum parameters for this to occur, the present study analyzed the bases of the executive process. Starting from a bibliographical analysis, the enforcement phenomenon was analyzed and it bases were stablished. This bases were applied to enforcement means study. It is concluded that the minimum parameters for the application of non typified means of effectiveness are given by the bases and limits of the enforcement activity itself.

En droit de l’exécution des peines, deux procès essentiels peuvent se jouer pour le condamné : le procès disciplinaire et le procès d’application des peines. En dépit du clivage droit privé-droit public qui les caractérise, ces deux procès se sont inscrits ces dernières années dans une même logique juridictionnelle. Souvent envisagés de manière distincte, l’intérêt de notre étude sera de démontrer qu’au delà du polymorphisme du droit et des organes juridictionnels ou non juridictionnels auxquels ces procès se rattachent, ces derniers ont connu une évolution concomitante en termes de reconnaissance de garanties procédurales. Ainsi, aujourd’hui, on peut affirmer qu’un véritable droit commun de l’exécution des peines est né. Néanmoins, ce tronc commun présente encore de nombreuses insuffisances au regard des principes qui doivent caractériser un procès équitable (indépendance, impartialité, publicité...). Malgré cela, les juridictions françaises refusent toujours de reconnaître l’applicabilité de certains principes supra-législatifs au milieu carcéral en se fondant sur des critères qui leur sont propres et sur une qualification erronée du contentieux disciplinaire. Dès lors, cette étude se propose de mettre en exergue la véritable qualification "pénale" de ce contentieux et prône le principe d’unicité de l’action répressive. De ce fait, il s’agira de déterminer l’organe le mieux à même de protéger les droits des condamnés. Se posera alors la question de l’hypothèse d’un procèscommun par la prise en compte du lien existant entre les procès de l’exécution des peines au travers des retraits de réductions de peine / In the law of enforcement of the sentences, two essential proceedings are at stake for the sentenced person : the disciplinary proceeding and the enforcement proceeding. In recent years and despite the division between private law and public law that characterizes them, these proceedings have come within the framework of a unique jurisdictional logic. Although they are often envisaged as different, the interest of this study is to demonstrate that beyond the polymorphism of the law, on the one part,and the jurisdictional and non jurisdictional organs to which these proceedings are connected, on the other part, the last ones have known a concomitant evolution in terms of recognition of procedural safeguards. Thus, today, we can assert that a real general law of enforcement of the sentences was born. Nevertheless, this common-core syllabus still shows numerous inadequacies towards the principles which must characterize a fair trial (independence, impartiality, public hearing…). In spiteof this, French courts still refuse to admit the applicability of certain supra-legal principles in prison environment, basing themselves on proper criteria and on an erroneous legal definition of disciplinary proceedings. Therefore, this study intends to underline the real criminal definition of these proceedings and advocates the principle of unity of law enforcement. As a matter of fact, the question is to determine the organ best to protect the rights of the sentenced person. Then, will arise thequestion of the hypothesis of a common proceeding by taking into account the existing link between the enforcement of the sentence proceeding, through revocations of reductions of sentences

Citizen involvement in the production and delivery of public service has been a long time topic of interest and controversial debate among scholars. Essentially, the belief has been that if citizens are actively involved in the process, public organizations and communities benefit in numerous ways that will ultimately lead to increased citizen satisfaction. The purpose of this research is to explore the relationship between citizen involvement in the production of public safety and security and its effects on organizational efficiency and effectiveness of law enforcement agencies. To test the assumption that citizen involvement is positively correlated to organizational success and organizational efficiency of law enforcement agencies, a citizen involvement index was developed and used as the independent variable in ordinary least square regression (OLS) analysis. Three separate models are developed to measure the impact of citizen involvement on law enforcement. Findings obtained through bivariate and multivariate analyses indicate mixed results. Bivariate analysis revealed that citizen involvement was negatively correlated to organizational efficiency while no statistically significant correlation was found in multiple regressions. In addition, through bivariate analyses, citizen involvement was positively correlated with crime rates reported to city police departments, whereas multivariate regression analyses indicated that citizen involvement does not have a statistically significant impact on crime rates. Both analyses, however, provided support for the positive impact of citizen involvement on crime clearance rates. Finally, findings suggested that citizen involvement in public organizations and its effects on the production and delivery of public goods and services are overestimated from the perspective of law enforcement.

Selected Problems of the Contemporary Enforcement Procedure and Their Solutions for the Future Abstract in English Language The topic of the diploma thesis is selected problems of the contemporary enforcement proceedings in the Czech Republic and their potential solutions for the future. The aim of the diploma thesis is to analyse, describe and critically evaluate the valid and effective legal regulation of enforcement procedure de lege lata and then offer the reader a comprehensive reflection on various alternatives to the domestic legal system de lege ferenda with a comprehensive description of the positives and negatives of possible solutions. The diploma thesis consists of an introduction, four chapters and a conclusion. The first chapter introduces the reader to the methodology of the presented text, which is based on the content of individual chapters. The second chapter focuses on the theoretical basis of the enforcement procedure and presents the reader with the fundamental legal framework on which the following text will be based. Emphasis is placed primarily on the division of enforcement procedure as one of the types of civil proceedings and the identification of relevant legal sources. Attention is paid to the division of the two types of enforcement procedure. The third chapter attempts to...

The principal aim of this study is to examine law enforcement and human rights in a post war African society: Sierra Leone. The major question addressed in the course of this research is: should respect for human rights be relevant to law enforcement and should law enforcement officials in post conflict societies (such as Sierra Leone) be bound by national and international standards in domestic law enforcement in their countries? Also explores the use of dissuasive measures such as prosecution to minimise the culture of impunity by law enforcement officials especially during conflict and post conflict periods / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Professor Tsegaye Regassa, Faculty of Law, Addis Ababa University – Addis Ababa, Ethiopia / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

In 2007 South Carolina funded 15 regional coordinators to work with local law enforcement agencies and alcohol and drug commissions to create 16 community alcohol enforcement teams to improve enforcement of underage drinking laws. Previous researchers have suggested that collaborative leadership is needed for effective teams, yet little is known about the factors that serve as barriers to and facilitators of, collaborative leadership in alcohol enforcement teams. The purpose of this phenomenological study was to explore the lived experiences of coordinators involved in leading the alcohol enforcement teams in South Carolina. The theoretical framework used was Cameron, Quinn, DeGraff, and Thankor's conceptualization of the competing values framework. Data were collected through in-depth interviews with a purposive sample of 12 alcohol team coordinators. These data were inductively coded and then subjected to a modified Van Manen and Vagle analysis. Key findings indicate strong support for the idea that existence of positive community relationships and supportive champions from community partners were crucial to building and maintaining successful teams. These findings were consistent with the theoretical framework. Recommendations include implementing leadership and collaboration training for the coordinators and team members. These findings have implications for positive social change by increasing awareness among policy makers about collaborative leadership factors, which in turn could lead to policies that generate more effectual teams, improve enforcement of underage drinking laws, and consequently, result in safer communities.

The purpose of this study was to examine the effectiveness of active listening skills on perpetrator response style in crisis negotiations. The extant literature boasts the utility of negotiations in crisis situations for law enforcement that came about in response to cataclysmic events such as the Attica Prison Riots (1971), Munich Massacre (1972), and the Williamsburg incident (1973). Various crisis negotiation models assert the importance of active listening skills in crisis negotiations; given the recent and voluminous media attention on police, this research aimed to provide further support for a cultural shift in police departments around the country to provide their officers with crisis negotiation training. These trainings allow officers to expand their arsenal of tools that decreases their need to rely on a tactical response when verbal de-escalation may be warranted to minimize risk to both officer and subject. The proposed study coded and analyzed audio recordings from the first 20 minutes of 12 simulated negotiations. The author proposed: (1) an increase in the proportion of active listening skills within the first phase of the negotiation would be associated with a decrease in the proportion of negative perpetrator response style in the second phase of the negotiation, (2) an increase in the proportion of active listening skills within the first half of the negotiation would be associated with an increase in the proportion of positive perpetrator response style in the second half of the negotiation, (3) an increase in the proportion of problem-solving utilized during the first phase of the negotiation would be associated with an increase in the proportion of negative perpetrator response style in remainder of the negotiation, and (4) an increase in the proportion of emotional labeling, paraphrasing and summarizing, and open-ended questions utilized during the first half of the negotiation would be associated with an increase in the proportion of positive perpetrator response style in the second half of the negotiation. While no significant results were identified via Pearson’s correlations, scatterplots were constructed for visual inspection of the data, which indicated potential support of hypotheses II and IV when considering the limitations of the study.

In this thesis, I explore how law enforcement officials in Mississippi and Alabama make sense of and respond to human sex trafficking cases. The central questions guiding this research project are: How do law enforcement officials perceive sex trafficking and what does this mean for victim identification and treatment? By conducting 20 interviews with law enforcement officials, I offer insight into how the training, or lack of training, officers receive impacts victim identification, labeling, and treatment. Further, I examine how perceptions, experiences, and training work to influence officer responses to those that do not fit a typical victim narrative, such as sex workers, immigrant, and migrant populations.

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