Um olhar sistêmico sobre a violência do Brasil : a insuficiência dos mecanismos de controle e repressão

• Ano de defesa: 2020
• Autor(a) principal: Ferraz, Taís Schilling
• Orientador(a): Azevedo, Rodrigo Ghiringhelli de
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul
• Programa de Pós-Graduação: Programa de Pós-Graduação em Ciências Criminais
• Departamento: Escola de Direito
• País: Brasil
• Palavras-chave em Português: Violência; Homicídios; Prevenção; Controle; Repressão; Visão Sistêmica
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://tede2.pucrs.br/tede2/handle/tede/9574

The main theme of this study is the serious violence scenario in the country, largely represented by the statistics of intentional homicide, and the association of this context with the traditional and inefficient ways in which the State has been dealing with the problem. It presents a diagnosis of the usual mechanisms of containment and repression of violence, seeking to understand some factors that limit its effectiveness. The research starts from the hypotheses that: a) violence, as it is today, has its origin in the history of the Brazilian population, which produced mass victimization of population segments, resulting in a process of numbness and apathy; b) the State is inefficient in actions aimed at reducing violence, based essentially on measures of containment and repression, which are adopted without regard to the complexity of the phenomenon, without reaching its true causes and without integration between public agents, which even makes it difficult to estimate its possible deterrent effects; c) causes and effects of violence are related in a non-linear way, however public policies approach it based on a Cartesian and deterministic paradigm, and, for this reason, are insufficient and unsustainable and d) the justice system, in its many interfaces with violence, in criminal and civil matters, little has been acting on the factors that originate it. Thus, it proposes a third way of approach, based on systemic thinking, to demand a more comprised look at the causes of violence, which prestiges more than its externalities, seeking to comprehend the interrelationships between facts, purposes and circles of causality. Thus, it defends that the public policies are designed and executed in compatibility with the assumptions of a systemic performance, which means understanding the problems within all major frames, adopting contextual approaches and welcoming uncertainties, opening up to the complexity of the phenomenon under treatment. Interdisciplinary bibliographic review and various reports and statistical data produced by research and government institutions form the basis of the study, which begins with the presentation of the historical and current picture of violence in Brazil (first chapter) and focuses on the analysis of the effectiveness of some policies of containment and repression of homicide crimes (second chapter), presenting the results obtained by the National Strategy for Justice and Public Security - ENASP, which adopted a differentiated approach to the treatment of the impunity scenario. After an assessment of the limits of validity of premises that 10 have been the basis of the State's action, the proposal for a systemic approach to the causes and effects of violence is introduced (third chapter), discussing the structure and behavior of a system, enunciating some of its presuppositions and archetypes of operation, relating them to the phenomena of violence and impunity, identifying, from this framework, the possible causes for the inefficiency of the policies in execution and outlining some directives for those that will be built. In view of the victimization state produced by homicides and other forms of aggression and assuming that the dysfunctionalities in human relationships that result from this situation, as they do not have adequate attention, result in feedback from the phenomenon, there is a need to review the traditional ways of performance of the justice system, in the face of violence, in order to open up more opportunities for listening and speaking, promoting greater autonomy and protagonism in resolving conflicts by the stakeholders themselves (fourth chapter), projecting, from a systemic perspective, a scenario where the justice system is less necessary as a mechanism for imposing ethical behaviors through coercion.