O direito internacional dos direitos humanos e as sanções penais de âmbito interno: uma análise constitucional da terapia antagonista de testosterona e do cadastro dos pedófilos
This research deals with International Human Rights Law and domestic criminal sanctions, and analyzes the constitutionality of chemical castration and the Sex Offenders Registry. Pedophilia is a serious problem faced today, especially with the Internet, a favorable environment for these individua...
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| Formato: | Dissertação |
| 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/123456789/49756 |
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| Resumo: | This research deals with International Human Rights Law and domestic criminal sanctions,
and analyzes the constitutionality of chemical castration and the Sex Offenders Registry.
Pedophilia is a serious problem faced today, especially with the Internet, a favorable
environment for these individuals. The problematic is the possibility of violation of human
rights and fundamental rights in the application of said registry and chemical castration of
pedophiles. The perception of these practices as worthy methods for the treatment and control
of pedophilia is of fundamental importance. In this sense, we also investigate the limitations
of the punitive power of the State and its obligation to protect the whole society, without
excluding the perpetrators of illicit acts themselves. There's a necessity to analyze how best to
protect infants from these approaches while maintaining the dignity of pedophiles. Nothing
justifies treating a human being cruelly and inhumanly. The reasons that justify approaching
the subject are the significant increase of pedophilia cases in Brazil and in the world and their
constant recurrence. It is understood the possibility of applying alternative penalties to
incarceration, aiming to deconcentrate prisons and public jails, offering a more effective
response to resocialization. This research presents a general objective to understand the
practice of the sex offenders registry and chemical castration after the understanding of the
pedophile mind, evaluating the practice by the principle of human dignity. To this end,
humanist thinking regarding the sex offenders registry and chemical castration as an
alternative to incarceration was taken into account. Such coping seeks a viable and effective
solution that results in less recurrence. It is concluded that there is much ignorance of the
subject permeating all society. The state needs to behave in such a way that it can maintain
social harmony and will only be able to do so if it begins to understand punishment as means
of resocialization, analyzing not only the crime but who is behind its horrendous act. In this
case, the arrest is a decoy and may even worsen the case. Chemical castration can bring
effective advances in the recovery of these people, as well as greater social security, as they
reduce the libido of those individuals. In fact, what is perceived is the segregation,
stigmatization and social exclusion of “sexual offenders” and the production of a constant
“sexual moral panic” for society. Human treatment, with a multidisciplinary team that can
take advantage of testosterone antagonist treatment when necessary, is the most worthy way
to treat these non-monster individuals who are first and foremost sick humans. In order to
start treatment, no one should not even expect the pedophile to commit a crime, but should
support these individuals with special public policies. The resocialization of those who
commit crimes of sexual connotation against children depends on their willpower, as long as
they are supported by consistent psychological and psychiatric treatment. For the
development of the present work, the deductive method was used, from a qualitative
approach, in bibliographical and exploratory research. |
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