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Vnímání práv dětmi s lehkým mentálním postižením / Legal Perception of Rights of Mentally Handicapped ChildrenHOLENDOVÁ, Jana January 2010 (has links)
The thesis is called The Perception of Rights by Children with Mild Mental Retardation and is composed of the theoretical and practical parts. In the first part I deal with the characteristics of mental retardation, its cause, classification, history, the education of these children and their relations with others. The second chapter is focused on significant documents concerning the rights of children and adults with mental retardation. The third chapter concentrates on the research of children{\crq}s rights at the Faculty of Health and Social Studies, South Bohemian University. The theory is followed by the practical part containing the results and discussion with authors. The research was carried out by the method of directed interview (partly standardized method), by means of a questionnaire, which was created by Professor Gary Melton and his team in South Carolina in Columbia. Through this method and also the methodology of A. Saporiti the researches of legal awareness in children of school age, Roma children and the children in institutional care have been in progress since 1999. The research of legal awareness and perception of rights has not been carried out in children with mental retardation yet. The questionnaire contains identification questions (age, sex, and grade) and twelve model situations, where an individual adjudicates rights or not. The interviews were carried out in 116 respondents from three special schools (Havlíčkův Brod, Třeboň, Soběslav). I compared the results with the research of Mgr. Jany Stejskalové, carried out in 2005. The objective and the hypothesis were stated. The objective was to find out the perception of rights by children with mild mental retardation. The objective was fulfilled. The hypothesis was: The legal awareness of children with mild mental retardation increases with the increasing education of their parents. The hypothesis was not proved.
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O Conselho Nacional do Trabalho e a construção dos direitos sociais no Brasil / The National Labor Commission and the construction of social rights in BrazilUntura Neto, Marcos 23 May 2013 (has links)
As obras dedicadas à história do direito do trabalho costumam dar pouca atenção à fase anterior à Consolidação das Leis do Trabalho, em especial à chamada fase ministerial (ou administrativa) da Justiça do Trabalho. O objetivo da presente dissertação é produzir, por meio da análise de processos submetidos ao Conselho Nacional do Trabalho, um retrato do funcionamento do sistema burocrático de distribuição de justiça em matéria trabalhista e previdenciária montado na estrutura do Poder Executivo, mais especificamente no Ministério do Trabalho, Indústria e Comércio, especialmente entre 1934 e 1946, quando o Conselho Nacional do Trabalho passou a exercer função propriamente judicante. Para isso, buscou-se desvendar o desenho institucional do Conselho Nacional do Trabalho, a atuação dos conselheiros, as fontes doutrinárias a que recorriam, os personagens que gravitavam no seu entorno, todos dedicados ao manejo do sistema criado, de modo a observar como o aparato burocrático composto pelo Conselho Nacional do Trabalho (e demais órgãos a ele vinculados) construiu as primeiras soluções jurídicas para o reconhecimento e o enforcement dos direitos sociais no Brasil, em especial os de índole trabalhista e previdenciária. A colocação em movimento dos direitos sociais pelo CNT, pela doutrina e pelos demais atores relevantes mostram uma atuação efetiva dos órgãos de distribuição de justiça trabalhista, com elevada demanda pelos serviços por parte dos trabalhadores, que souberam articular um discurso fortemente impregnado da linguagem da legalidade para fazer valer suas pretensões. As construções das soluções dos casos são as mais variadas, ora com remessa ao texto legal ora buscando os institutos propagados como fundamentais no arcabouço do novo direito, tais como equidade, espírito da lei e vontade do legislador. / Labor law history studies do not usually focus attention to the period preceding the Consolidation of Brazilian Labor Laws, in particular to the so-called ministerial (or administrative) period. This essay intends to produce, by means of the analysis of labor claims submitted to the National Labor Commission, a portrait of the bureaucratic system of labor and social security justice in operation inside the structure of the Executive Branch, specially between 1934 and 1946, when the Commission started to perform its judicative legal attribution. For this purpose, we presented the National Labor Commissions institutional design, the commissioners actions, the doctrine sources consulted, the players surrounding it, all of them dedicated to manage the created system, in order to build the first legal solutions aimed at recognizing and enforcing social rights in Brazil, specially labor and social security rights. The setting in motion of the social rights by the NLC, by the doctrine and by other relevant players shows an effective action of the bodies of labor justice administration and workers high demand for its services. We also show the workers ability to articulate a discourse strongly pervaded by the rule of law jargon in order to enforce their rights. The solutions for the cases vary, sometimes containing a reference to the legal text and in other circumstances using legal institutions fundamentally related to the new law, such as fairness, spitit of the law and will of the legislator.
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Právní povědomí u dětí základních škol / Legal awareness among pupils of basic schoolsTVAROHOVÁ, Zdeňka January 2009 (has links)
Legal awareness is very low in general, not only among children but also among adults. However, increased attention should be paid to legal awareness among young people. This applies particularly to pupils leaving the basic schools. Most of them finish the mandatory school attendance at the age of fifteen. The moment is associated with the issue of awareness of their criminal liability and the related, at least elementary, awareness of some acts. I believe that this topic is generally very much neglected and this thesis should contribute to its better understanding. It should be noted that a newpenal code will come into effect on 1 January 2010. Some changes contained in the code will be described in my thesis. The objective of my thesis was to map the level of legal awareness among pupils attending the ninth grade of basic schools in the fields of penal, civil and labor laws. The thesis also sought to map the primary prevention implemented in this area at basic schools. I have used a qualitative approach in my thesis and to collect the data I have employed individual semi-standardized interviews. Based on materials I had studied, the interviews included questions concerning some basic knowledge of penal, labor and civil law, as well as questions dealing with drug issues and questions about the completed primary prevention at schools. The respondents were ninth-graders living in my neighborhood. The total number of approached respondents was 10 (5 girls and 5 boys). The qualitative research has shown that young people do not have sufficient legal awareness of basic issues in labor, civil and, last but not least, penal law. My research has also confirmed that the completed primary prevention fails to perform its function. In my opinion is it desirable to develop an integral overview of this issue.
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O Conselho Nacional do Trabalho e a construção dos direitos sociais no Brasil / The National Labor Commission and the construction of social rights in BrazilMarcos Untura Neto 23 May 2013 (has links)
As obras dedicadas à história do direito do trabalho costumam dar pouca atenção à fase anterior à Consolidação das Leis do Trabalho, em especial à chamada fase ministerial (ou administrativa) da Justiça do Trabalho. O objetivo da presente dissertação é produzir, por meio da análise de processos submetidos ao Conselho Nacional do Trabalho, um retrato do funcionamento do sistema burocrático de distribuição de justiça em matéria trabalhista e previdenciária montado na estrutura do Poder Executivo, mais especificamente no Ministério do Trabalho, Indústria e Comércio, especialmente entre 1934 e 1946, quando o Conselho Nacional do Trabalho passou a exercer função propriamente judicante. Para isso, buscou-se desvendar o desenho institucional do Conselho Nacional do Trabalho, a atuação dos conselheiros, as fontes doutrinárias a que recorriam, os personagens que gravitavam no seu entorno, todos dedicados ao manejo do sistema criado, de modo a observar como o aparato burocrático composto pelo Conselho Nacional do Trabalho (e demais órgãos a ele vinculados) construiu as primeiras soluções jurídicas para o reconhecimento e o enforcement dos direitos sociais no Brasil, em especial os de índole trabalhista e previdenciária. A colocação em movimento dos direitos sociais pelo CNT, pela doutrina e pelos demais atores relevantes mostram uma atuação efetiva dos órgãos de distribuição de justiça trabalhista, com elevada demanda pelos serviços por parte dos trabalhadores, que souberam articular um discurso fortemente impregnado da linguagem da legalidade para fazer valer suas pretensões. As construções das soluções dos casos são as mais variadas, ora com remessa ao texto legal ora buscando os institutos propagados como fundamentais no arcabouço do novo direito, tais como equidade, espírito da lei e vontade do legislador. / Labor law history studies do not usually focus attention to the period preceding the Consolidation of Brazilian Labor Laws, in particular to the so-called ministerial (or administrative) period. This essay intends to produce, by means of the analysis of labor claims submitted to the National Labor Commission, a portrait of the bureaucratic system of labor and social security justice in operation inside the structure of the Executive Branch, specially between 1934 and 1946, when the Commission started to perform its judicative legal attribution. For this purpose, we presented the National Labor Commissions institutional design, the commissioners actions, the doctrine sources consulted, the players surrounding it, all of them dedicated to manage the created system, in order to build the first legal solutions aimed at recognizing and enforcing social rights in Brazil, specially labor and social security rights. The setting in motion of the social rights by the NLC, by the doctrine and by other relevant players shows an effective action of the bodies of labor justice administration and workers high demand for its services. We also show the workers ability to articulate a discourse strongly pervaded by the rule of law jargon in order to enforce their rights. The solutions for the cases vary, sometimes containing a reference to the legal text and in other circumstances using legal institutions fundamentally related to the new law, such as fairness, spitit of the law and will of the legislator.
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Hospodářská kriminalita jako téma expertních diskuzí v normalizačním Československu / Economic Criminality in Expert Discussions in 1970s and 1980s CzechoslovakiaŠinkovec, Pavel January 2018 (has links)
Thesis abstract The thesis deals with expert discussions on economic criminality in Czechoslovakia during the 1970s and 1980s. The first chapter introduces the issue in the macroeconomic and social context and outlines the dual way in which the practice of illegal enrichment was depicted in contemporary film and TV-series production. The second chapter introduces dominant authoritative discourse and its concept of economic crime as a phenomenon alien to the socialist regime. This view has also been reflected in the legislative adjustment, as well as party and government measures to dispose of the undesirable phenomenon. The following third chapter focuses on contemporary criminology science as an expert community, whose primary focus was on analyzing and proposing measures to address various crime-related problems. The institutional integration of the Research Institute of Criminology, the main platform of criminological research in the state, to the Prosecutor General's Office, and the influence of Marxist science on criminological methodology, reflected the authoritative discourse into professional discussions. The content analysis of twenty selected texts of non- public professional provenance shows in several areas the extent to which the influence of ideology was noticeable and, on the contrary, how...
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Zvyšování právního povědomí u dětí v Jihočeském kraji. / Increasing The Legal Awareness Among Children In Bohemian RegionSTANISLAVOVÁ, Lucie January 2013 (has links)
In this thesis I have concentrated on legal consciousness of children but not from their point of view, how it was in most cases of the elaboration of this topic, but from the point of view of people who actually work with children. This regards pedagogues, social workers, further school psychologists and psychologists. The theoretical part of the thesis deals with the right, legal consciousness, further then with the important conception ?child?, namely from the point of view of pedagogy, psychology as well as from the viewpoint of law. The thesis deals with morals itself and also its comparison with law, further with the value system and education, on important documents regarding the rights of children, educational program and its focus on the education of law in elementary and high schools. The important section of the theoretical part are also projects focused on increasing of the legal consciousness executed in the Czech republic as well as in the Southbohemian region. 144 respondents from the Southbohemian region took part in the research, either respondents who work in an elementary or high school, eventually in non-profit organizations which work with children. The difference of the opinions between pedagogues nad other workers was found out by the research. In contrast to other workers, the pedagogues think statistically more often that children have the legal consciousness. A very interesting moment is the age since which children should be acquinted with their rights. Other workers consider the beginning of the school attendance (or even the end of the preschool attendance) as the optimal age for familiarising the children with their rights in contrast to the pedagogues who would shift this limit almost to the second degrese of elementary schools. Next founded and documentary fact was the difference in methods used for familiarising children with their rights. The pedagogues combine discussions and lectures as well as model situations. Other workers prefer only lectures and discussions. They vary also in the evaluation of time dotation devoted to the rights of children during school education. Other workers are much more critical than the pedagogues in this regard. It was proved that the pedagogues more often do not know the organizations which deal with the rights of children whereas other workers do. The whole research is assumed into SWOT analysis which determined children´s interest in their rights and their familiarising with the right already since 1st class as the most strong sides. A weak spot showed to be the lack of time in school education devoted to children´s rights together with obtaining the biggest amount of information in the family. A chance is the realization of more new projects focused on concrete spheres of the rights and also the fact that the legal consciousness should be constantly increased. The risk is insufficient knowledge of rights in the sphere of the protection of personality when easy misuse and also insufficient knowledge of rights threaten. The insufficient knowledge could result in the increase of transgressions even criminality.
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