Detalhes bibliográficos
| Ano de defesa: |
2019 |
| Autor(a) principal: |
Silva, Jorge Luís Terra da
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| Orientador(a): |
Molinaro, Carlos Alberto
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica do Rio Grande do Sul
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| Programa de Pós-Graduação: |
Programa de Pós-Graduação em Direito
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| Departamento: |
Escola de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
http://tede2.pucrs.br/tede2/handle/tede/9712
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Resumo: |
Brazilian reality still affected by the dehumanizing transatlantic transportation of slaves and by the long-term enslavement; which were not succeeded by a transitional justice process. Racial phenomena, especially racism, have generated individual and collective losses. They are the cause or the cause connexions of not fully developing the potential, violence occurrence, denial of opportunities, and the resistance to behavioural change. Public policies and the legal framework are designed to consolidate rights, undo inequities, strengthen social cohesion and obstruct vicious cycles of reproduction of inequalities, constituting the ways in which the State is present. In the present thesis it is observed that issues pertaining to the black population do not reach the centrality of the national political agenda. Possible reasons for such a reality include stereotypes, racial prejudice, racism, and explicit and implicit biases that may compromise both personal and institutional judgments and decision-making. Thus, it is investigated whether the ant discriminatory public policies of racial character and the Universalists could use only coercive methods or also of nudges. Behavioural public policies could be more effective than nudges by compelling them to adopt more appropriate behaviours. Discrimination, seen as a dynamic process that works over time in different ways in different domains, requires that public policy actors pay attention to intergenerationality, as well as the possibility that disadvantages are transmuted from one domain to another. other. It is important to pay special attention to the fact that the routinizations and simplifications that are carried out by street-level bureaucrats can be confused with prejudice and bias, eventually generating differentiated treatments for part of the population. The contributions of the thesis are to estimate how the legal framework and public policies related to racial inequalities or the racial cuts of universalist policies affect social domains, as well as to suggest changes in the legal framework, public policies and institutional structures. With the establishment of the inferred impact level, it becomes possible to infer the potential impact and the generated impact in each highlighted domain.. The main contribution of the thesis is to estimate how the legal framework and public policies regarding racial inequalities, or the racial cutbacks of Universalist policies, affect the social domains. The thesis presents suggestions of changes in the legal framework, public policies and institutional structures. From the definition of the inferred impact level it is possible to infer the potential impact of the various instruments and the impact actually incurred on the domains. With this, it was possible to verify that, among the Constitutions, the one that generated the greatest impact was the Constitution of 1988. However, the impact was insufficient when compared to the potential of this instrument. With regard to adherence to international agreements, the Durban Conference produced the greatest impact. With regard to public policies, education is the one that causes the greatest positive impact, but at insufficient levels. Security, in turn, has a negative impact. Based on this analysis, proposals and recommendations for changes in the legal framework and in public policies are offered. |
