Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

This article seeks to analyze the historical marginalization and violation of human rights that homeless people have suffered in Brazil. Human rights of various shades are daily reviled. During the Covid-19 pandemic, this situation was even more explicit. Observing this reality of violation of rights, the National Human Rights Council – CNDH issued Resolution No. 40 in October 2020, which is a landmark in the rights of homeless people. In the same direction, almost a year after CNDH Resolution No. 40, the National Council of Justice (CNJ) approved, on September 21, 2021, during the 338th Ordinary Session, the National Judicial Policy for Attention to Homeless People. In this article we will analyze some fundamental aspects of the CNJ Resolution. There is no illusion that a normative text of the CNJ will guarantee access to justice for a population group that has been suffering from the process of criminalization/exclusion for centuries. However, the Resolution of the CNJ, as well as Resolution No. 40 of the CNDH of 2020 and Decree No. 7,053/09 are instruments of struggle for the realization of the rights of the homeless people.

This paper addresses the problem of homeless people in Brazil and some legal and institutional frameworks about their rights. It is an exploratory study, based on the deductive method and supported by the technique of bibliographic research in Brazilian legislation and doctrine. The results show that, in a context of inequality and social exclusion, the trajectory of homeless people was marked by invisibility regarding social rights and by the repressive treatment given by the criminal legal system, which criminalized the homeless situation. Although these individuals have fought, in an organized way, for the implementation of a public policy that would meet their most basic needs, the National Policy for homeless people has an optional and guiding character for federative entities, with no obstacle to its modification or even revocation, which shows that this population segment suffers from legal uncertainty regarding the effectiveness of many rights, including the right to housing.

The emergence of Public Defenders' Offices throughout history occurred due to the evolution of the concept of access to justice and the result of movements in society. In Brazil, Public Defender's Office as a state institution emerged in the Federal Constitution of 1988, which adopted the concept of effective access to justice. This concept of access to justice contributes to citizens’ real access to justice and the guarantee of their rights, that is, access to justice in its effective, integral, and not just formal aspect. The institutional advance reserved by the Federal Constitution to the Public Defender's Office put it in a prominent position in the defense of citizens' rights, which has not yet been fully explored. In addition to judicial and extrajudicial orientation, the Public Defender's Office has the opportunity to expand its scope of action towards participation in the proposition and improvement of public policies, projecting itself as relevant social-political actor also for the definition of the social arrangement of our society. A step further in the evolution of access to justice, understood not only as formal justice, but as real, effective and permanent justice.

It is an analysis of how the social security law faces the issue of the insured rural worker who was employed, demonstrating the difficulty of counting the rural time worked when linking to a specific social security system in the urban environment, The analysis of the problem is based on the observation that the jurisprudence of the Superior Court of Justice, at first, was favorable to the inclusion of rural workers in urban areas, computing the rural period for all purposes. It so happens that, with the judgment of Theme 609, also by the STJ, the most perverse facet of the Judiciary Branch is revealed, in the sense of enacting the public policy of exclusion by making it impossible for the worker to be included in the new social protection regime. Demonstrating the contradictions of judicial decisions and unveiling the criticism of judicial institutions seems to be the remote objective of the work, and the next objective is understood as the path of social security protection in Brazil being increasingly distant.

O deslocamento forçado de pessoas entre países pressupõe a existência de mecanismos de acolhimento nos locais que as recebem, como forma de garantir e preservar os direitos humanos internacionalmente reconhecidos para toda e qualquer pessoa. O Brasil é o país de destino de um número considerável de imigrantes na condição de refugiados. Por isso, é necessário que haja amparo de instituições para assistir esse grupo de pessoas, garantindo-lhes o acolhimento e seus direitos. Nesse contexto, destaca-se a Defensoria Pública da União, instituição responsável por garantir o acesso à justiça no Brasil. Por isso, o objetivo do trabalho é apresentar a garantia do direito fundamental de acesso à justiça aos solicitantes de refúgio e refugiados pela atuação da Defensoria Pública da União, instituição essencial à justiça constitucionalmente idealizada, que possui como um dos princípios basilares a proteção do vulnerável. Pretende-se ao longo do trabalho examinar a atuação da Defensoria Pública da União na prestação de assistência aos solicitantes de refúgio e refugiados, bem como discorrer sobre os obstáculos na efetivação do acesso à justiça por parte dos refugiados. O trabalho foi realizado a partir de revisão bibliográfica e pesquisa documental, com uma abordagem explicativa. Após as considerações fundamentais, concluiu-se que, para que haja a garantia do direito de acesso à justiça à população refugiada, é imprescindível a atuação da Defensoria Pública da União na prestação de assistência jurídica – desde o ingresso no país até a concessão do refúgio –, não só oportunizando o acesso ao Poder Judiciário, mas também fornecendo assistência em outras searas para que os demais direitos sejam assegurados de forma plena aos refugiados.

As a consequence of the internationalization of human rights, the Public Defender’s Office werw institucionalized in Brazil. However the expectations that emerged from its creation have been frustrated, especially because of the postures neglected by the Executive Power. That said, this article aims to analyze if the Brazilian State could be sued on Inter-American System for the Protection of Human Rights because of the violations perpetrated againt the institution, such as the DAU 5296/DF and the CA 95/2016, also discussing the insufficient effects of art. 98 of the TCAP (CA 80/2014). Using the inductive method and bibliographic, documental and jurisprudential study, the research relates, from an exploratory and qualitative assessmente, the (in)effectiveness of provisions of the higher legal system referring to the essential function of justice with the promises made of the Brazil to the Inter-American organisms, presenting forms of resistance in the international arena to confront unconventional omissions, which reflect both on the performance of public defenders and on the exercise of the human rights of their current and potential beneficiaries. Starting from the reinterpretation of the principle of equality, the conclusion is that the Public Defender’s Office can be the object of action before the Inter-American System for the Protection of Human Rights, especially because of its quality as a vehicle of full and free legal assistance, a corollary of human right of access to justice.   Keywords: Public Defender’s Office. Executive Power. Inter-American System for the Protection of Human Rights. Unconventional omissions. Access to justice.

The article aims to investigate the main causes that lead children to the street situation, as well as the most relevant reasons that make it difficult to reverse this increasingly growing reality. Likewise, the daily life of children on the street will be the object of study, including institutional barriers, difficulty in accessing public services, reports of violence and discrimination and the social identity formation. The research, of a qualitative nature, follows the descriptive method, and is based on bibliographic review, scientific articles and literary works on the subject, with a historical focus, aiming at understanding the process of “homeless children”; marginalization, labeled as “street children”;, “minors” and/or “kiddies”, at the time of the irregular situation doctrine, as well as the reminiscences of this process today, even when, in the light of the Federal Constitution and the Child and Adolescent Statute, in force with the Doctrine of Integral Protection, homeless children are subjects of fundamental rights, under the condition of extreme vulnerability, which requires careful attention from public policies. The article will also use normative subsidies, notably Decree 7053/2009, CNDH Resolution No. 40/2020, CNJ Resolution No. 425/2021, and General Comment No. 21 of the United Nations Committee on the Rights of the Child. Finally, it is concluded that, despite the recognition of the legal subjectivity of children after the Federal Constitution came into force, advances are still necessary in the legal treatment of street children.

The present work presents the legal concept of "homeless population" and the reason why it is necessary to delimit the legal object for the creation of public policies and with that direct the State in the creation of measures to change the social reality. In addition, it explains what the hostile architecture technique is and that the purpose of its use is to scare away the homeless population of large urban centers with the objective of valuing the properties in their surroundings. Therefore, it was found that the State is co-opted to carry out policies that benefit the wealthiest economic sectors and that Bill No. 488 of 2021 aims to prohibit the use of hostile constructions to prevent access to the city by the population of Street . Finally, it is concluded that the fence is not necessary, but a regulation of these techniques so as not to limit, too much, the right to the city.

The propositions of the Brazilian national human rights programs (PNDH-1, PNDH-2 and PNDH-3) have been incorporated to government instruments of the respective governs, to a greater or lesser extent. That is why this paper aims to point out facts and rules that characterize the advances and normative regresses of Brazilian national human rights programs as a whole. This paper analyzes documents and legislation that deal with the discussion of the objective. It is concluded that despite the advances between the programs, the current version (also called PNDH-3) had its rules reduced and that there is still an imminent risk of further reductions.

La presente investigación, analiza el teletrabajo en el desarrollo de la organización para la Cooperativa de Ahorro y Crédito 9 de Octubre, toma un paradigma positivista, enfoque cuantitativo, método descriptivo correlacional. Para la recolección de la información se emplea la técnica de la encuesta con la aplicación de un cuestionario a 36 trabajadores de la organización. Se evidencia que la modalidad de teletrabajo es factible en el desarrollo de las actividades, es más aplicable al área administrativa, más en áreas distintas los trabajadores sienten que el teletrabajo afecta a su rendimiento laboral por motivos como la falta de conocimientos de la tecnología, falta de control y de cultura de trabajo sin supervisión, falta de conocimiento, acompañado de los diversos efectos que causa el excesivo tiempo frente a un computador, un hallazgo importante es que el 54,3% manifiestan que les causa estrés y ansiedad, más un 25.7% coinciden que es la causa de trastornos músculo esqueléticos. Finalmente, el aporte del trabajo al desarrollo organizacional se enfoca en la reducción de costos en la adecuación de oficinas y mobiliario, reducción del ausentismo laboral, flexibilidad para permitir autonomía al empleado y ahorro de tiempo en el desplazamiento del hogar al lugar de trabajo. Palabras clave: Análisis, Teletrabajo, desarrollo organizacional.   Abstract The present investigation analyzes teleworking in the development of the organization for the Cooperativa de Ahorro y Crédito 9 de Octubre, takes a positivist paradigm, quantitative approach, correlational descriptive method. For the collection of information, the survey technique is used with the application of a questionnaire to 36 workers of the organization. It is evident that the teleworking modality is feasible in the development of activities, it is more applicable to the administrative area, more in different areas the workers feel that teleworking affects their work performance for reasons such as lack of knowledge of technology, lack of control and unsupervised work culture, lack of knowledge, accompanied by the various effects caused by excessive time in front of a computer, an important finding is that 54.3% state that it causes them stress and anxiety, plus 25.7 % agree that it is the cause of musculoskeletal disorders. Finally, the contribution of work to organizational development focuses on reducing costs in adapting offices and furniture, reducing absenteeism, flexibility to allow employee autonomy and saving time in traveling from home to the workplace. Keywords: Analysis, Telecommuting, organizational development