http://www.bdtd.uerj.br/handle/1/3590 2026-10-12T15:41:00Z http://www.bdtd.uerj.br/handle/1/26318 Título: Obstrução à justiça ou justiça à obstrução: uma análise do processo legislativo e da estrutura do tipo penal Autor: Ferreira, Mário Alexandre de Oliveira Primeiro orientador: Batista, Nilo Abstract: The thread of the present work lies in the concern arising from the successive attempts to criminalize conduct classified as “obstruction of justice”, once autonomously nonexistent in our legislation and, effectively, modernly, still unknown in our legal reality, especially with regard to the exercise of the legal defense in its both aspects: the self-defense and the technical defense, and the political activity, culminating in a spectacular scenario of criminal cases through the mass media and the social networks. Faced with a vague and imprecise legal text, we seek to analyze the criminal policy underlying the norm and, mainly, the legislative process that implied its issue. We also seek aspects related to the typicality, because of the the difficulties of filling the constant elements of the offense, potentially givers the atypicality of the conduct and vices of unconstitutionality, with emphasis on the disproportionate penalties abstractly comminated to the offense. In the scope of the research, there was almost complete absence of discussions regarding the respective offense and the prevalence of the decisive influence of the action of other penal agencies in comparison to deliberations among parliamentarians. In addition to the distortion of the UN Convention against Transnational Organized, that established the criminalization of the obstruction of justice, we could observe successive attempts to expand the scope of the application of the offense, which should be restricted to the pre-procedural investigation phase, but whose punitive power extends it to the procedural phase. Given the number of related conducts, the existence of the offense is unnecessary, since it creates numerous conflicts with a lot of other offenses, considered specials in comparison to the obstruction of justice. It is bibliographical research, with exploratory and theoretical matrices, whose primary objective was to investigate the incompatibilities between the art. 2º, §1º, with the Constitution. It is expected that, at the end of the reading of this research, the conclusion about the unconstitutionalities will be easily available. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Dissertação 2022-05-17T00:00:00Z http://www.bdtd.uerj.br/handle/1/26293 Título: Cidades brincantes: a democratização do acesso das crianças ao direito fundamental ao brincar através das brinquedotecas Autor: Brazil-Sousa, Isabel Primeiro orientador: Correia, Arícia Fernandes Abstract: The present study explores the interrelations between the right to play, children, cities, and toy libraries. It is premised on the assertion that the right to play is essential for the full development of children, should therefore warrant absolute priority in the implementation of public policies. In this context, the study examines the need to install toy libraries within urban spaces. The analysis seeks to reflect on the challenges that contribute to the ineffectiveness and unequal access to fundamental rights, despite their formal recognition in the Constitution. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Dissertação 2025-05-30T00:00:00Z http://www.bdtd.uerj.br/handle/1/26265 Título: Câmeras Operacionais Portáteis/COP: (I)licitude da prova contra o policial diante do vácuo normativo da prova digital, do direito de não autoincriminação e da pescaria probatória Autor: Menezes, Fabrízio Amorim de Primeiro orientador: Fragoso, Christiano Falk Abstract: This dissertation analyzes the mandatory use of Body-Worn Cameras (BWC) by police officers in Brazil from the perspective of potential violations of the fundamental guarantees of public safety agents. The study originates from a context of high police lethality and structural decisions by the Brazilian Supreme Court (STF), such as ADPF 635/RJ and SL 1696/SP, which driven the adoption of these devices to ensure transparency and oversight in policing. The core of the investigation lies in the following research question: can the footage recorded by the police officer themselves via BWC be lawfully used as evidence against them in criminal or administrative disciplinary proceedings? To answer this inquiry, a mixed methodology is adopted, encompassing a qualitative approach (bibliographic, documentary, and jurisprudential analysis) and a quantitative aspect (police intervention statistics and an empirical questionnaire applied to field operators), within a timeframe from 2005 to 2026. From a dogmatic standpoint, the study examines the profound regulatory vacuum in the domestic legal system regarding digital video evidence and the vulnerabilities of its chain of custody given its congenital traits of volatility and immateriality. The mandatory nature of audiovisual monitoring is confronted with the scope of protection of the constitutional privilege against self-incrimination (nemo tenetur se detegere) and the doctrine of fishing expeditions transposed into the digital environment. It concludes that BWC footage is illicit when used as evidence against the recording officer, since the imposition of perennial and generic self-surveillance, lacking a delimited fact or prior investigation, operates an inadmissible reversal of the burden of proof, establishing an abusive exploratory purpose. Conversely, the full legality of digital evidence regarding third-party conduct is upheld, provided that technical standards of epistemic reliability are preserved. Finally, it proposes a specific legislative framework to establish barrier clauses and guarantee the integrity of the digital chain of custody, reconciling the public interest in transparency with democratic procedural safeguards for public servants. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Dissertação 2026-09-16T00:00:00Z http://www.bdtd.uerj.br/handle/1/26258 Título: Infraestrutura verde para resiliência urbana na tutela contra mudanças climáticas: análise das medidas de intervenção do Plano Niterói Mais Resiliente Autor: Cury, Jéssica Duarte Cruz Rodrigues Primeiro orientador: Moura, Emerson Affonso da Costa Abstract: This dissertation analyzes how green infrastructure will be implemented in the promotion of urban resilience and in legal protection against climate change, focusing on the municipality of Niterói, in the State of Rio de Janeiro. The theoretical framework is based on Ulrich Beck’s theory of risk society, in dialogue with Anthony Giddens’s reflections on modernity, reflexivity, and the social production of risks, as well as on the understanding of the State’s constitutional duty to prevent disasters. The research investigates how the legal system and public policies can incorporate green infrastructure into urban planning in order to strengthen urban resilience, especially in addressing floods and urban flooding. A qualitative methodology is adopted, with both deductive and inductive approaches, combining bibliographical and documentary elements, including the Niterói Master Plan, the Niterói More Resilient Plan, the National Civil Defense Policy, among other legal instruments. The first chapter examines the relationship between modernity, the social production of space, environmental risks, and the State’s duty to prevent disasters. The second chapter analyzes the phenomenon of urban flooding and the concept of sponge cities as an alternative to conventional drainage systems. The third chapter addresses the practical application of the Niterói More Resilient Plan, with an analysis of green infrastructure interventions and an assessment of their limits, potentialities, and implementation challenges. The results indicate that there is still a significant gap between the planning and execution of programs, since, although there is a broad normative framework, its implementation still faces technical, institutional, and financial obstacles, in addition to barriers related to administrative transparency and citizen monitoring of public policies. Finally, it is concluded that the adoption of nature-based solutions, integrated into urban planning, may significantly reduce socio-environmental vulnerability and the damage caused by floods and urban flooding, making it necessary to strengthen coordination among federative entities, as well as to increase social participation and reinforce public policies aimed at climate adaptation. Instituição: Universidade do Estado do Rio de Janeiro Tipo do documento: Dissertação 2026-03-31T00:00:00Z