Investiga se o atual modelo de aplicação da pena privativa de liberdade se mostra adequado aos parâmetros traçados pela constituição de 1988, atendendo ao fundamento da dignidade da pessoa humana e aos objetivos fundamentais de construção de uma sociedade livre, justa e solidária e de promoção do bem de todos. Analisa a dinâmica histórica da aplicação e das teorias das penas privativas de liberdade no Brasil, abordando os principais critérios e atuais orientações da aplicação penal. Sustenta que a dignidade da pessoa humana constitui fundamento do Estado Republicano e Democrático de Direito brasileiro e que, ao lado do princípio da humanidade das penas, seu correspondente penal, fundamenta a necessidade de se evitar ao máximo que os indivíduos sejam afetados pela intervenção do poder punitivo. Conclui, então, pela existência de um autêntico dever jurídico-constitucional da agência judicial no sentido de minimizar a intensidade de afetação do indivíduo sentenciado. Procura erigir novos princípios quanto à aplicação da pena, dotados de força normativa e que atuem de maneira integrada para a tutela dos direitos fundamentais. Defende que a Constituição de 1988 não incorporou o discurso legitimador da pena, limitando-se à tarefa de contenção de danos e de fixação de limites punitivos. Preconiza novos parâmetros para a fixação da pena-base, sustentando a incompatibilidade constitucional das finalidades de reprovação e prevenção do crime. Debate qual deve ser o adequado sentido constitucional das circunstâncias judiciais da pena. Discute as bases da tendência exasperadora da pena, caracterizada pelas agravantes, qualificadoras e causas de aumento, assim como da tendência mitigadora da pena, representada pelas atenuantes, causas de diminuição, participação de agentes, tentativa, concurso de crimes, crime continuado, unificação e limite de penas. Identifica a existência de crise no dogma da pena mínima, propondo, afinal, a construção de um novo modelo interpretativo de aplicação da pena privativa de liberdade. / Investigates if the current criminal sentencing model is appropriate to the parameters set by the 1988 Constitution, in order to respect the human dignity fundament and the essential goals of building a free, fair and solidary society and promoting common welfare. Examines the historical dynamic of criminal sentencing and sanction theories in Brazil, including their main criteria and current guidelines. Points that human dignity is the basis of the Republican and Democratic Brazilian State of Law and, together with the Humanity Principle, represent the need to avoid, as far as possible, the individuals affectation by the punitive powers intervention. Concludes that there is a legal and constitutional duty of judges in order to minimize the severity of penalties and the affectation of sentenced people. Tries to construct new, normatively strong and integrated sentencing principles, aiming the fundamental rights protection. Argues that the 1988 Constitution did not incorporate the legitimizing discourse of punishment, but limited itself to the tasks of damaging contention and sanctioning limitation. Aims to establish new parameters for the base-sanction and alleges the unconstitutionality of the purposes "disapproval and crime prevention". Debates what should be the proper constitutional sense of "judicials circumstances". Discusses the exasperating tendency, characterized by aggravating and qualifying circumstances and increasing causes. Discusses the mitigating tendency as well, represented by attenuating circumstances, decreasing causes, coalition of agents, attempt, accumulation of crimes, continued crime, unification and limits of sanctions. Identifies a crisis in the dogma of the minimum sanction and proposes, after all, the construction of a new interpretive model for prisons application.

Investiga se o atual modelo de aplicação da pena privativa de liberdade se mostra adequado aos parâmetros traçados pela constituição de 1988, atendendo ao fundamento da dignidade da pessoa humana e aos objetivos fundamentais de construção de uma sociedade livre, justa e solidária e de promoção do bem de todos. Analisa a dinâmica histórica da aplicação e das teorias das penas privativas de liberdade no Brasil, abordando os principais critérios e atuais orientações da aplicação penal. Sustenta que a dignidade da pessoa humana constitui fundamento do Estado Republicano e Democrático de Direito brasileiro e que, ao lado do princípio da humanidade das penas, seu correspondente penal, fundamenta a necessidade de se evitar ao máximo que os indivíduos sejam afetados pela intervenção do poder punitivo. Conclui, então, pela existência de um autêntico dever jurídico-constitucional da agência judicial no sentido de minimizar a intensidade de afetação do indivíduo sentenciado. Procura erigir novos princípios quanto à aplicação da pena, dotados de força normativa e que atuem de maneira integrada para a tutela dos direitos fundamentais. Defende que a Constituição de 1988 não incorporou o discurso legitimador da pena, limitando-se à tarefa de contenção de danos e de fixação de limites punitivos. Preconiza novos parâmetros para a fixação da pena-base, sustentando a incompatibilidade constitucional das finalidades de reprovação e prevenção do crime. Debate qual deve ser o adequado sentido constitucional das circunstâncias judiciais da pena. Discute as bases da tendência exasperadora da pena, caracterizada pelas agravantes, qualificadoras e causas de aumento, assim como da tendência mitigadora da pena, representada pelas atenuantes, causas de diminuição, participação de agentes, tentativa, concurso de crimes, crime continuado, unificação e limite de penas. Identifica a existência de crise no dogma da pena mínima, propondo, afinal, a construção de um novo modelo interpretativo de aplicação da pena privativa de liberdade. / Investigates if the current criminal sentencing model is appropriate to the parameters set by the 1988 Constitution, in order to respect the human dignity fundament and the essential goals of building a free, fair and solidary society and promoting common welfare. Examines the historical dynamic of criminal sentencing and sanction theories in Brazil, including their main criteria and current guidelines. Points that human dignity is the basis of the Republican and Democratic Brazilian State of Law and, together with the Humanity Principle, represent the need to avoid, as far as possible, the individuals affectation by the punitive powers intervention. Concludes that there is a legal and constitutional duty of judges in order to minimize the severity of penalties and the affectation of sentenced people. Tries to construct new, normatively strong and integrated sentencing principles, aiming the fundamental rights protection. Argues that the 1988 Constitution did not incorporate the legitimizing discourse of punishment, but limited itself to the tasks of damaging contention and sanctioning limitation. Aims to establish new parameters for the base-sanction and alleges the unconstitutionality of the purposes "disapproval and crime prevention". Debates what should be the proper constitutional sense of "judicials circumstances". Discusses the exasperating tendency, characterized by aggravating and qualifying circumstances and increasing causes. Discusses the mitigating tendency as well, represented by attenuating circumstances, decreasing causes, coalition of agents, attempt, accumulation of crimes, continued crime, unification and limits of sanctions. Identifies a crisis in the dogma of the minimum sanction and proposes, after all, the construction of a new interpretive model for prisons application.

In this study the nature and extent of the sexual assault and rape of male sentenced offenders and awaiting-trial detainees in Pretoria Local Correctional Centre were investigated. Prison gangs, overcrowding of correctional centres, the involvement of correctional officials and the sexual orientation of the potential victim were highlighted as risk factors in the sexual assault and rape of male offenders and awaiting-trial detainees. As this study focused on both the victim and the offender of male-on-male sexual assault and rape, both victimological and criminological theories were used as a theoretical basis. Creswell’s dominant-less-dominant model of combination was used in this study, with the dominant model being the qualitative methodology, and the less-dominant model the quantitative methodology. Non-purposive sampling was used, as the researcher could not identify the victims and/or perpetrators of male-on-male sexual assault and rape individually. In order to obtain in-depth information on the research participants’ experiences of sexual activities and rape in the correctional centre, face-to-face structured interviews were conducted with one hundred research participants. After the analysis and interpretation of the data, it became evident that male-on-male sexual assault and rape, as well as consensual sexual activities, do occur in this correctional centre. Research participants highlighted four types of sexual engagements in this correctional centre, namely the need for emotional sex, survival sex, compliant sex and forced sexual acts. The reasons offered for the occurrence of rape in this correctional centre include that an agreement had not been reached between inmates and because of that the rape will take place, corruption by correctional officials, the involvement of prison gangs and the use of deception by the perpetrators. Six research participants revealed that they had been the victims of rape. All the victims were raped within days or weeks after their arrival at the correctional centre. Five of the victims did not receive medical treatment after the rape, and none of the victims received counselling or therapy after the rape. Five of the research participants reported that they had sexually assaulted and/or raped other inmates. Four of the perpetrators were awaiting trial for an aggressive offence (armed robbery) and one for a sexual offence (rape). The perpetrators forced their victims to engage in oral sex, inter-femoral sex and anal sex. The aims of the study were reached and recommendations for further research were also made. Emanating from the feedback of the participants as well as the literature review, the researcher developed an Offender Sexual Assault Protocol. The Department of Correctional Services can use this protocol to reduce and manage sexual assault and rape in male correctional facilities. / Thesis (DPhil)--University of Pretoria, 2009. / Social Work and Criminology / unrestricted

This qualitative study explored the use of Body Mapping as a tool to enhance dialogue with sentenced adolescent boys in a Special Youth Centre. Their scars and tattoos were regarded as the key to unlocking their life stories. Body maps and unstructured interviews formed the main body of data. The paradigms of both Gestalt- and occupational therapy formed the basis of the conceptual framework and a literature control was done as “theory after” as well as a method of data triangulation. Themes extracted pointed to broken bonds and familial trauma which lead the adolescents to search for belonging and mastery in deviant peer groups and street- and Numbergangs. The tattoos provide graphic affirmation of identification and belonging to these groups. The mapping of their lesions and scars provided the opportunity to relate traumatic experiences. Conclusions were drawn and recommendations could be made as a result of the study. / Social Work / M. Diac. (Play Therapy)

The thesis deals with the comparison and evaluation of development conditions of detention and imprisonment in jails and prisons in the Czech Republic with the terms of previous years, but especially progress in respecting the rights and dignity of prisoners.

This qualitative study explored the use of Body Mapping as a tool to enhance dialogue with sentenced adolescent boys in a Special Youth Centre. Their scars and tattoos were regarded as the key to unlocking their life stories. Body maps and unstructured interviews formed the main body of data. The paradigms of both Gestalt- and occupational therapy formed the basis of the conceptual framework and a literature control was done as “theory after” as well as a method of data triangulation. Themes extracted pointed to broken bonds and familial trauma which lead the adolescents to search for belonging and mastery in deviant peer groups and street- and Numbergangs. The tattoos provide graphic affirmation of identification and belonging to these groups. The mapping of their lesions and scars provided the opportunity to relate traumatic experiences. Conclusions were drawn and recommendations could be made as a result of the study. / Social Work / M. Diac. (Play Therapy)

The choice of the topic Readiness of members and civilian employees of the Prison Service of the Czech Republic to the emergency in the South Bohemian Region for my thesis was my independent decision. This choice was entirely deliberate, since this service is also incorporated into the Integrated Rescue System (IRS). However the active service of the Prison Service of the Czech Republic in case of emergency can be very specific. The Prison Service of the Czech Republic may be according to Act No. 239/2000 Coll., on the Integrated Rescue System, used to deal with emergencies. It is incorporated among the other IRS bodies. All these bodies can be deployed to deal with emergencies, but only on condition of a written contract for the assistance. Usable forces and resources of the body must be known. Based on these facts I defined following objectives of the thesis: ? analysis of readiness of members and civilian employees of the Prison Service of the Czech Republic to the emergency in the South Bohemian Region, ? detection of methods, possibilities and conditions of use of the Prison Service in this context, ? training materials design for members and civilian employees of the Prison Service of the Czech Republic. There were also these two hypotheses tested: ? members and civilian employees are adequately trained and are ready to deal with emergencies, ? the Prison Service of the Czech Republic can be fully utilized for an active service in the solution of emergencies. If we focus on the first goal of my work, I have prepared an anonymous questionnaire containing eight questions to adequately analyse readiness. These questionnaires were distributed to all members and civilian employees of PS in South Bohemian Region. I would be able to confirm or refute the first hypothesis on the basis of these results. I could evaluate executed analysis on the basis of the obtained information and comment on the first hypothesis. The maximum number of points in the questionnaire was set for 24. The average score was between 19 to 20 points. It can be concluded that members and civilian employees are adequately trained, and the first hypothesis was confirmed. To be able to evaluate the second hypothesis, I had to perform historical analysis and due to this analysis I concluded that the second hypothesis can be confirmed only partially. The hypothesis was related to the possibility of deploying members and employees of PS on the incident. The historical analysis shows that this body was deployed in the past, however its forces and resources were not represented by members or civilians, but crews of convicted persons. This way of utilization was repeated and it could be said that the deployment of work crews is successful, so I concluded that the second hypothesis was confirmed, but only partially. The Prison Service is fully usable for dealing with emergencies, but its forces and resources are constituted mainly of work crews of convicted persons. If we focus on the legislation determining the use, communication or coordination of this body with the municipal authorities, this is provided only by contract for the assistance. I tried to design a document, how such contract for the assistance could look like. The next chapter outlines the information that could be used as a guide for the decision into what area and what depth members and civilian employees should be trained. Members and civilian employees are annually trained in this matter by the appropriate employee of PS. All objectives of the thesis have been met and are completed by own opinion of the author.

This thesis deals with the application of the fine arts with much focus on the development of personality on people serving prison sentences. The content of this thesis is divided into theoretical and practical chapters. First part defines some key terms of including the program of rehabilitation and pedagogical events that are used in this specific environment. The practical chapters are devoted to the realization of own longer-term didactic project named ?Kordelie? which is concerned with the positive thinking, values, and the development of competences at the target group of occupationally unclassified sentenced women in the custodial prison České Budějovice. Based on the application of these sets of activities and their consequent evaluation, I am obliged to observe the real possibility of fine art inclusion in didactic projects to individuals in correctional facility.

Philosophiae Doctor - PhD / Tuberculosis is a bacterial infection which is a major cause of death worldwide. TB is a curable disease, however the bacterium can become resistant to the first line treatment against the disease. This leads to a disease called drug resistant TB that is difficult and expensive to treat. It is well-known that TB disease thrives in communities in overcrowded environments with poor ventilation, weak nutrition, inadequate or inaccessible medical care, etc, such as in some prisons or some refugee camps. In particular, the World Health Organization discovered that a number of prisoners come from socio-economic disadvantaged population where the burden of TB disease may be already high and access to medical care may be limited. In this dissertation we propose compartmental models of systems of differential equations to describe the population dynamics of TB disease under conditions of crowding. Such models can be used to make quantitative projections of TB prevalence and to measure the effect of interventions. Indeed we apply these models to specific regions and for specific purposes. The models are more widely applicable, however in this dissertation we calibrate and apply the models to prison populations.