http://repositorio.ufc.br/handle/riufc/11528 Tue, 16 Jun 2026 00:54:56 GMT 2026-06-16T00:54:56Z http://repositorio.ufc.br/handle/riufc/86648 Título: Cartas para devassar: a jurisdição criminal dos governadores-gerais do Brasil (1650-1700) Autor(es): Farias, Delmiro Ximenes de Abstract: The governors-general of the State of Brazil were prominent representatives of the Portuguese Crown in the 17th century. They received a portion of the monarch's powers for the purpose of administering the colony. Among these powers were certain judicial functions, although judicial proceedings were formally the responsibility of other officials. Criminal jurisdiction was the duty of juízes ordinários (ordinary judges), ouvidores (magistrates), juízes de fora (royal judges) and desembargadores (high court judges). Based on this context, this study questions whether the governors-general could act in devassas (judicial inquiries) and how they did so. The objectives of this research are, first, to analyze the political and normative reasons that allowed the governor-general to act in devassas, and, second, to understand how this intervention occurred. To this end, the study utilizes letters from the Documentos Históricos collection of the National Digital Library of Brazil (volumes 3 to 7), as well as documents recovered from the Overseas Historical Archive (Arquivo Histórico Ultramarino) by the Projeto Resgate, specifically the Bahia Luísa da Fonseca series. Furthermore, Codex 245 of the Cartas da Bahia from the same archive was examined. This work also draws upon the provisions of the Philippine Ordinances (Ordenações Filipinas) regarding the Casa de Suplicação (House of Supplication) in Portugal and the two charters (regimentos) of the High Court (Tribunal da Relação) in Bahia, in addition to specialized literature. The regimentos of governors-general Tomé de Sousa, Francisco Giraldes, Gaspar de Sousa, and Roque da Costa Barreto are also analyzed. In the first part of the work, the foundations and the functioning of criminal justice during the period under study are examined. The second chapter investigates the powers of the governors-general of Brazil, particularly their jurisdictional capabilities, notably regarding the administration of criminal justice, by examining the normative reasons behind their criminal jurisdiction. The third chapter focuses on the mode of operation of these authorities and analyzes the role of these letters within the political and normative communication network of the Portuguese kingdom. As a result, it is demonstrated that the governor-general, within the scope of the Tribunal da Relação, performed the same role as the regedor of the Casa de Suplicação, namely, presiding over it. There were numerous provisions in the regimentos allocating criminal jurisdiction, which underscores the clear possibility of the governor-general intervening in criminal matters. From the analyzed documents, orders issued by governors-general stand out, directing specific officials to open devassas, carry out arrests, grant release, or even instances where the governors-general themselves granted pardons. Among the crimes involved, the study highlights homicide and those associated with the terms “revolution,” “revolt,” “mutiny,” “disobedience,” and “resistance.” In several letters, the governor-general ordered that the papers resulting from the devassas be forwarded to him, stating that he would personally proceed “as justice requires” (como for de justiça). Furthermore, it is established that these letters were part of a communication chain linking the metropolis, the general government, local administration, and private individuals, thereby integrating a broader dispute over power and normative production. Finally, the defended thesis is that the governors-general could act in criminal proceedings because a portion of royal regalia and jurisdiction was delegated to them. The letters, while constituting sources of such power, also demonstrated its practical application, especially regarding crimes that threatened the established political order. Criminal proceedings thus functioned as strategic resources within the political disputes of the 17th century. Tipo: Tese Thu, 01 Jan 2026 00:00:00 GMT http://repositorio.ufc.br/handle/riufc/86648 2026-01-01T00:00:00Z http://repositorio.ufc.br/handle/riufc/86164 Título: Mulheres, trabalho doméstico não remunerado e a colonialidade do cuidado: uma análise da política nacional de cuidados no Brasil Autor(es): Diógenes, Carla Marques Abstract: This thesis develops a critical analysis of Law nº 15.069/2024, which institutes the National Care Policy, investigating whether this new regulatory framework effectively confronts or merely modernizes the structures of gender, race, and class coloniality that have historically sustained the devaluation of unpaid care work in Brazil. The research problem stems from the structural paradox of peripheral modernity, wherein the activity essential for the reproduction of life is rendered invisible and compulsorily delegated to women, especially black and poor women, as a persistent legacy of a slave-holding and patriarchal social formation. The justification for the study is anchored in the social urgency imposed by the care crisis and population aging, the theoretical necessity to decolonize legal dogmatics, and the unprecedented nature of analyzing this legal statute through the lens of coloniality and intersectionality. The general objective of the research is to analyze how Law nº 15.069/2024 confronts or reproduces the structures of coloniality that permeate the devaluation and unequal distribution of unpaid care work in Brazil. The specific objectives are: a) to investigate the theoretical foundations of coloniality and its intrinsic relationship with the naturalization of unpaid care work in the Brazilian context; b) to examine the legislative drafting process, principles, guidelines, and management instruments provided for in Law nº 15.069/2024, identifying its advances and limitations; c) to evaluate, in light of intersectionality, if and how the National Care Policy proposes concrete mechanisms to recognize, value, and redistribute care work; d) to identify possible mechanisms of reproducing historical inequalities in the law's implementation; and e) to propose recommendations for the legal and institutional improvement of the National Care Policy, aiming at the construction of public policies that are truly emancipatory and decolonial, transcending mere welfarism. The methodology adopts a qualitative approach of a theoretical-critical nature, articulating a bibliographic review of decolonial thought and feminist economics with the documentary analysis of Law nº 15.069/2024 and the interpretation of secondary data on the reality of care work in Brazil. Although Law nº 15.069/2024 represents an epistemic advance by defining care as work and a right, the final considerations of the thesis identify severe structural fragilities that threaten its purpose. In addition to the instability of financing, the risk is pointed out that the principle of progressive universalism may result in a selective and exclusionary 11 progressivity, prioritizing central areas and leaving Black and peripheral women, those most affected by time poverty, at the end of the service queue. In parallel, the emphasis on the compatibility between work and family as an end in itself is criticized, warning that without altering the exhaustive bases of the labor market and the sexual division of tasks, this logic tends to merely functionalize care for capitalist accumulation, allowing women to work longer hours in precarious jobs without being guaranteed real autonomy or quality of life. Tipo: Tese Thu, 01 Jan 2026 00:00:00 GMT http://repositorio.ufc.br/handle/riufc/86164 2026-01-01T00:00:00Z http://repositorio.ufc.br/handle/riufc/85947 Título: A nova morfologia do trabalho, as múltiplas modalidades de ação coletiva e a necessidade de reconstrução do direito de greve Autor(es): Valentim, Gabriel Lima Abstract: This research focuses on strikes, in their various manifestations, and on the right to strike. Its objective is to contribute to the construction of a new framework for the right to strike that is adequate to the new morphology of labor. The study is based on the premise that the transition from Fordist hegemony to the rise of flexible forms of production has produced profound transformations in the world of work. The working class, once centered on a relatively stable industrial proletariat, has given way to a new profile, predominantly located in the service sector and marked by flexible and precarious labor relations. In this context, new forms of collective mobilization have emerged, led by these workers, such as strikes without work stoppage, transnational strikes, political strikes, among other modalities of collective action. These forms of strike display characteristics that escape the traditional Fordist model of the right to strike, historically structured around work stoppage, strict legal requirements, purely professional demands, and the strong centrality of trade unions. It is from this mismatch between the contemporary reality of labor struggles and the prevailing legal configuration of the right to strike that the central question of this study arises: which guidelines should orient the reconstruction of the right to strike in light of the new morphology of labor? Although the Brazilian Federal Constitution, in Article 9, guarantees the right to strike through a relatively permissive wording, the exercise of this right is significantly constrained, especially by Law No. 7,783/1989 and by a restrictive body of judicial decisions. The Strike Law restricts the concept of strike to a classical form associated with Fordism, imposing requirements such as work stoppage, trade union participation, prior notice, and prior negotiation. In addition, judicial decisions not only reinforce these requirements but also introduce new restrictions, such as the prohibition of political strikes. The research adopts a hypothetical-deductive method, with a qualitative approach and an exploratory, explanatory, descriptive, and interpretative nature, based on bibliographic and documentary analysis. Grounded in a Marxist theoretical framework and critical theory, the study concludes that there is a need for a normative and interpretative reconstruction of the right to strike, either, in an ideal scenario, through the defense of a new right to strike free from the prerequisites imposed by the Strike Law, or through intermediate solutions based on flexible interpretations of existing legislation that allow for broader legal protection of contemporary forms of collective action. Tipo: Tese Thu, 01 Jan 2026 00:00:00 GMT http://repositorio.ufc.br/handle/riufc/85947 2026-01-01T00:00:00Z http://repositorio.ufc.br/handle/riufc/85893 Título: Direito participativo-democrático: critérios para avaliação da democraticidade de instrumentos normativo-participativos na perspectiva municipal Autor(es): Gomes, Marcos Vinícius de Sousa Rocha Abstract: In the Brazilian municipal context, the formal expansion of mechanisms for social participation, driven by the 1988 Constitution, coexists with institutional obstacles that limit the influence of civil society on public decision-making. It is within this mismatch between normative openness and decisional effectiveness that this research is situated, dedicated to examining the democratic quality of normative-participatory instruments, with particular attention to public policy councils. The research problem consists in assessing to what extent the legal-institutional design of these mechanisms, in the Municipality of Fortaleza, fosters or constrains their concrete realization, taking the local case as a unit of analysis capable of shedding light on dynamics observable in other large municipal arrangements. The empirical scope focuses on the local regulation of participation, from the Organic Law to the internal bylaws of the collegiate bodies. The thesis is linked to the concentration area “Constitution, Society and Legal Thought,” within the Research Line “Social Relations and Legal Thought,” in articulation with the broader project “Political Participation in the Democratic State.” The study adopts the hypotheticaldeductive method, with a qualitative approach supported by quantitative data, through bibliographic, jurisprudential, and documentary research, encompassing normative acts and meeting minutes. As an original contribution, the work organizes the concept of ParticipatoryDemocratic Law into four dimensions, procedural, substantive, interpretative, and dialectical, and, based on this framework, develops the Index of Democraticity of Municipal Participatory Instruments (IDPM), structured around 47 binary indicators distributed across five dimensions: inclusion and plurality; institutional autonomy; deliberation and agenda-setting; transparency and publicity; and procedural regularity. Applied to 30 councils in Fortaleza, the index demonstrates that broad normative provision coexists with deficits in autonomy and transparency. From this diagnosis emerges the analytical category of tutelary inclusion, understood as a pattern in which the presence of civil society is admitted, although its capacity to exert influence remains constrained by bureaucratic dependencies and low procedural visibility. The research also presents a proposal for a municipal model law to regulate participatory democracy, with the aim of translating analytical findings into objective parameters for institutional improvement, both in the local system and in other municipalities subject to analogous legal regimes. It concludes that the effectiveness of participatory democracy requires overcoming administrative tolerance and the model of tutelary inclusion, since citizen presence only acquires deliberative density when supported by a binding institutional design capable of preventing procedural capture and projecting participation as a structuring element of public policies. Tipo: Tese Thu, 01 Jan 2026 00:00:00 GMT http://repositorio.ufc.br/handle/riufc/85893 2026-01-01T00:00:00Z