Serviço social na área sociojurídica: uma análise das requisições conservadoras que perpassam o debate sobre o depoimento especial
Special Testimony is a technique of judicial listening aimed at cases of violence against children and adolescents that has gained relevance in Brazil and worldwide, with the participation of social workers for its execution. Therefore, the main objective of this doctoral dissertation is to analy...
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| Formato: | doctoralThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/47227 |
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| Resumo: | Special Testimony is a technique of judicial listening aimed at cases of violence
against children and adolescents that has gained relevance in Brazil and worldwide,
with the participation of social workers for its execution. Therefore, the main objective
of this doctoral dissertation is to analyze the conservative requirements that
permeate the role of Social Service along with the Special Testimony. In order to
achieve this objective, we outlined the following specific objectives: analyze the
conservative perspectives which are present in protection policies aimed at children
and adolescents who are victims of violence in Brazil; analyze the repercussions of
social, political, and instrumental dimensions that permeate the Special Testimony for
the ethical-political project of Social Service; analyze the fighting strategies of the
Federal Council of Social Service (CFESS)/Regional Council of Social Service
(CRESS) in dealing with judicial listening processes. We started from a qualitative
approach anchored in a theoretical and methodological perspective based on
historical and dialectical materialism. As a research technique, we used
bibliographical and documental research and analysis. Our bibliographical research
comprised studies of critical authors who develop their reflections on this theme;
then, in the documental research, we carried out a study on laws, decrees,
resolutions, reports, technical opinions, and news from the courts of justice. The
interpretation of our research data showed us that the Special Testimony appears as
a conservative requirement for Social Service, since the role of the interviewer
proposed for the methodology implementation is not anchored in the list of
professional attributions and competencies. Our analyses also revealed a tendency
to return to the overvaluation of technicality resulting from the prevalence of the use
of protocols in the search for material truth, to the detriment of the analysis of totality
based on social studies of the phenomenon of violence. We identified that, despite
the fighting strategies and resistance of the CFESS/CRESS group in defense of the
ethical-political project and professional autonomy, the Brazilian judiciary has
legitimized in the country a notion of positivist and conservative law based on
criminal liability. The data also revealed that the tension caused by the
CFESS/CRESS group has assumed a significant role in the defense of the Rights
Guarantee System and, consequently, the full protection. Our analyses point to an
institutional attempt by the courts of justice to relegate and subjugate professional knowledge, turning Social Service into an appendix in the solution of the needs of conservative justice, receding back as far as Law is concerned. |
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