RESUMO
Here, we analyze critical changes in environmental law enforcement in the Brazilian Amazon between 2000 and 2020. Based on a dataset of law enforcement indicators, we discuss how these changes explain recent Amazon deforestation dynamics. Our analysis also covers changes in the legal prosecution process and documents a militarization of enforcement between 2018 and 2022. From 2004 to 2018, 43.6 thousand land-use embargoes and 84.3 thousand fines were issued, targeting 3.3 million ha of land, and totaling USD 9.3 billion in penalties. Nevertheless, enforcement relaxed and became spatially more limited, signaling an increasing lack of commitment by the State to enforcing the law. The number of embargoes and asset confiscations dropped by 59% and 55% in 2019 and 2020, respectively. These changes were accompanied by a marked increase in enforcement expenditure, suggesting a massive efficiency loss. More importantly, the creation of so-called conciliation hearings and the centralization of legal processes in 2019 reduced the number of actual judgments and fines collected by 85% and decreased the ratio between lawsuits resulting in paid fines over filed ones from 17 to 5%. As Brazil gears up to crack-down on illegal deforestation once again, our assessment suggests urgent entry points for policy action.
Assuntos
Aplicação da Lei , Controle Social Formal , Brasil , Gastos em Saúde , AudiçãoRESUMO
Surrogacy operates in a regulatory void in Argentina. Despite attempts to legislate this practice, Argentine law contains no univocal rules governing the legality and enforceability of surrogacy agreements. Unsurprisingly, this has not stopped intended parents from pursuing surrogacy; quite the contrary, it has steered them into the courts, thrusting the issue into the realm of judicial policy. Through a comprehensive review and qualitative study of 32 court rulings, I address the judicial scenario regarding surrogacy in Argentina. I describe the profile of litigants who are bringing altruistic gestational surrogacy claims, the legal arguments used by courts, and the types of orders issued. I explain how the judiciary, through judicial review of the current legal framework and the application of international human rights law, including the principle of the best interests of the child, is playing a key role in ensuring access to this form of third-party assisted reproductive technology. Finally, I make the case for regulation by critically assessing these rulings to highlight the intricacies, challenges, and complexities that come with the judicial regulation of surrogacy.
Assuntos
Direitos Humanos , Mães Substitutas , Feminino , Gravidez , Criança , Humanos , Argentina , Técnicas de Reprodução Assistida , Aplicação da LeiRESUMO
BACKGROUND: Over the past decade, the United States (US) has seen a spike in migration across the US-Mexico border with an increase in hospital admissions of migrants and asylum-seekers under the custody of immigration law enforcement (ILE). This study aimed to determine how the presence of ILE officials affects patient care and provider experience in a teaching hospital setting. METHODS: This cross-sectional online survey solicited quantitative and qualitative feedback from medical students, residents, and attending physicians (n = 1364) at a teaching hospital system with two campuses in Arizona. The survey included participant demographics and addressed participants' experience caring for patients in ILE custody, including the perception of respect, violations of patients' privacy and autonomy, and the comfort level with understanding hospital policies and patient rights. Thematic analyses were also performed based on respondent comments. RESULTS: 332 individuals (24%) responded to the survey. Quantitative analyses revealed that 14% of participants described disrespectful behaviors of ILE officials, mainly toward detained patients. Qualitative thematic analyses of respondent comments revealed details on such disrespectful encounters including ILE officers violating the Health Insurance Portability and Accountability Act (HIPAA) and using intimidation tactics with patients. Nearly half of the respondents did not have knowledge of policies about ILE detainees' medical care, detainees' privacy rights, or ILE's authority in patient care. CONCLUSIONS: This study points out the complexities, challenges, and ethical considerations of caring for patients in ILE custody in the hospital setting and the need to educate healthcare professionals on both patient and provider rights. It describes the lived experiences and difficulties that providers on the border face in trying to achieve equity in the care they provide to detained migrant patients.
Assuntos
Emigração e Imigração , Aplicação da Lei , Humanos , Estados Unidos , México , Estudos Transversais , Arizona , Hospitais de EnsinoRESUMO
The Amazon forest carbon sink is declining, mainly as a result of land-use and climate change1-4. Here we investigate how changes in law enforcement of environmental protection policies may have affected the Amazonian carbon balance between 2010 and 2018 compared with 2019 and 2020, based on atmospheric CO2 vertical profiles5,6, deforestation7 and fire data8, as well as infraction notices related to illegal deforestation9. We estimate that Amazonia carbon emissions increased from a mean of 0.24 ± 0.08 PgC year-1 in 2010-2018 to 0.44 ± 0.10 PgC year-1 in 2019 and 0.52 ± 0.10 PgC year-1 in 2020 (± uncertainty). The observed increases in deforestation were 82% and 77% (94% accuracy) and burned area were 14% and 42% in 2019 and 2020 compared with the 2010-2018 mean, respectively. We find that the numbers of notifications of infractions against flora decreased by 30% and 54% and fines paid by 74% and 89% in 2019 and 2020, respectively. Carbon losses during 2019-2020 were comparable with those of the record warm El Niño (2015-2016) without an extreme drought event. Statistical tests show that the observed differences between the 2010-2018 mean and 2019-2020 are unlikely to have arisen by chance. The changes in the carbon budget of Amazonia during 2019-2020 were mainly because of western Amazonia becoming a carbon source. Our results indicate that a decline in law enforcement led to increases in deforestation, biomass burning and forest degradation, which increased carbon emissions and enhanced drying and warming of the Amazon forests.
Assuntos
Dióxido de Carbono , Sequestro de Carbono , Conservação dos Recursos Naturais , Política Ambiental , Aplicação da Lei , Floresta Úmida , Biomassa , Brasil , Dióxido de Carbono/análise , Dióxido de Carbono/metabolismo , Política Ambiental/legislação & jurisprudência , Atmosfera/química , Incêndios Florestais/estatística & dados numéricos , Conservação dos Recursos Naturais/estatística & dados numéricos , El Niño Oscilação Sul , Secas/estatística & dados numéricosRESUMO
Since 2013, the Brazilian National Bank of Genetic Profiles (BNPG) of the Integrated Network of Genetic Profiles Bank (RIBPG) has been used to aid investigations, identifying who committed a crime based on biological samples found at crime scenes or on victims, which may be substantial evidence in a criminal case. This research evaluates the extent to which the types of genetic profiles and the number of hits influence the number of investigations aided. The study used data from institutions of the RIBPG adopting the period from 2016 to 2020 and organized them in a stacked panel with 98 observations. A regression mediation model was built to estimate the influence of the independent variables "forensic unknown profiles," "profiles of convicted offenders," and "profiles of suspected perpetrators or legal profiles" when mediated by the "hits" variable, influence the increase of the dependent variable "investigations aided," identified as a measure of the effectiveness of the forensic DNA banks. The results showed that the 1% increase in the variables "forensic unknown profiles" and "profiles of suspected perpetrators or legal profiles," mediated by "hits," was significant to produce "investigations aided." As for the variable "profiles of convicted offenders," there was no evidence that it contributed significantly to the increase in "hits" and "investigations aided." The study demonstrated that the increase in "forensic unknown profiles" by 126 and "profiles of suspected perpetrators or legal profiles" by 14 led to 12 "hits" in the RIBPG, offering support to 4 cases. The variable "profiles of convicted offenders" did not show significant results in terms of "hits" and "investigations aided."
Assuntos
Criminosos , Humanos , Brasil , Medicina Legal , Aplicação da Lei , DNARESUMO
BACKGROUND: Despite the considerable effort made during the last decades, emerging countries are still among the highest road safety concerns because they still account for most of the deaths caused by traffic crashes. Various studies suggest that one of the factors involved in this negative outcome could be road safety. However, this issue remains pending to be addressed in most emerging countries, including the Dominican Republic. AIM: This study aimed to assess the beliefs and perceptions of Dominicans regarding some key road risky-related issues and to discuss them in the light of objective data. METHODS: For this cross-sectional study, the responses by a full sample of 1,260 Dominicans (50.1% men, 49.9% women) with a mean age of 39.4 years participating in a set of surveys conducted across the country, were used. RESULTS: Although Dominicans (especially women) seem to attribute high importance to road crashes, there is a low perceived likelihood of getting involved in a traffic crash. As for subjective versus objective data comparisons, perceived crash features and objective crash report data considerably match. However, the numbers largely differ in terms of crash frequency and importance and relevance given to road crashes, and their consequences. Further, perceptions of traffic violations and lack of law enforcement were pertinent predictors of the degree of relevance attributed to traffic crashes. CONCLUSIONS: Overall, the results of this study suggest that, despite a relative awareness of their actual traffic crash features, Dominicans systematically underestimate the causes, frequency, and consequences of these crashes, including yearly fatality rates. These outcomes suggest the need to strengthen road safety awareness and beliefs in further road safety actions and policymaking in the region.
Assuntos
Acidentes de Trânsito , Condução de Veículo , Masculino , Humanos , Feminino , Adulto , Estudos Transversais , República Dominicana , Aplicação da Lei , ProbabilidadeRESUMO
This article analyzes social media engagement when elections are adjudicated to one of the contending parties. We extend existing models of political dialogue to explain differences in social media engagement (i.e. time-to-retweet) when users support the winner or losers of an election. We show that users who support the winning candidate are more engaged and have a lower time-to-retweet. We also show heterogeneity in Twitter engagement conditional on the number of followers, with accounts with more followers being less sensitive to the election result. We measure the effect of electoral adjudication using a regression discontinuity design, with estimates by winning or losing status, and for accounts with many followers (high authority) or with few followers (low authority). Analyses use Twitter data collected in Argentina (2019), Brazil (2018), the United Kingdom (2019), and the United States (2016).
Assuntos
Mídias Sociais , Humanos , Argentina , Brasil , Processos Grupais , Aplicação da LeiRESUMO
Violence is a significant social problem in many cities throughout the world. In seeking to prevent or control violence, communities have put in place a variety of interventions. Many of these rely on the formal criminal justice process to arrest, prosecute, and imprison offenders. However, formal social control is well known to be an incomplete solution to violence. As a result, some communities have experimented with community-based solutions. One such approach is Cure Violence, an initiative that treats violence as a public health issue. Based on methods used to prevent the spread of infectious disease, Cure Violence seeks to stop the spread of violence within communities. This study presents qualitative results on the implementation of Cure Violence in Trinidad and Tobago, a two-island nation in the southeastern Caribbean near Venezuela. We conducted 36 in-depth semi-structured interviews and two focus groups with a variety of stakeholders, including program staff, residents, family members of victims, and police. Our findings suggest that the implementation of Cure Violence in Trinidad and Tobago led to educational and employment support for community members and a reduction in violence, particularly retaliation killings in the target communities. Our results are useful for understanding the factors that shape the implementation of community-based violence reduction initiatives like Cure Violence.
Assuntos
Aplicação da Lei , Violência , Humanos , Trinidad e Tobago , Violência/prevenção & controle , Polícia , CidadesRESUMO
Over the past four decades, hundreds of studies have examined the presence of racial disparities in criminal punishment. The bulk of this research has been conducted in the United States and a few other western democracies, with limited research assessing the presence of racial disparities in criminal sentencing for homicides in South America. Using information gathered via original data collection on homicide cases from five different capital cities in Brazil, the current study examines two criminal court outcomes: whether a defendant was convicted and the length of sentence. Findings reveal the absence of racial disparities in conviction decisions, even though Black and Brown defendants received longer sentence lengths. Supplementary analyses show racial disparities in sentence length are most pronounced when the homicide victim was White. Implications for studying court outcomes in international contexts are discussed.
Assuntos
Criminosos , Homicídio , Humanos , Estados Unidos , Brasil , Aplicação da Lei , Grupos RaciaisRESUMO
Este artigo versa sobre o processo de desligamento institucional por maioridade de jovens que residem em serviços de acolhimento. Aposta-se em uma política do sensível para visibilizar os encontros e desencontros que acontecem entre as e os jovens e as políticas públicas brasileiras. Para tanto, realizaram-se encontros com jovens que já haviam passado pelo processo de desligamento e com jovens que logo completariam 18 anos e teriam de sair das instituições de acolhimento. Para tornar visíveis essas existências, investiu-se na escrita de biografemas, inspirados na obra de Roland Barthes. Os conceitos de necropolítica e vidas precárias foram fundamentais para compreender as omissões do Estado no momento do desligamento. Verificou-se que o Estado pode maximizar a precariedade de algumas vidas, especialmente daquelas marcadas por características de raça, gênero e classe culturalmente marginalizados. Contudo, é também o encontro com as políticas públicas que garante melhores condições de vida para alguns, facilitando o acesso à universidade e ao mercado de trabalho. A pesquisa aponta que, diante do abandono, as e os jovens se fazem vagalumes, produzindo luminosidades em meio à escuridão e reivindicando o direito à vida.(AU)
This article discusses the process of institutional removal of young people that reside in foster care institutions for reaching adulthood. It relies on a politics of the sensitive to make visible the encounters and mismatches that take place between young people and Brazilian public policies. To do so, meetings were held with young people who had already experienced the removal process and with young people who would soon turn 18 and would have to leave the host institutions. To make these existences visible, this study invested in the writing of biographems, inspired by the works of Roland Barthes. The concepts of necropolitics and precarious lives were fundamental to understand the omissions of the State at the time of removal. It was also found that the State can maximize the precariousness of some lives, especially those marked by culturally marginalized race, gender, and class characteristics. However, it is also the encounter with public policies that ensures better living conditions for some, facilitating access to the university and the labor market. This research points out that, in the face of abandonment, young people become fireflies, producing luminosity amid the darkness and claiming the right to life.(AU)
Este artículo aborda el proceso de desconexión institucional justificado por la edad adulta de los jóvenes que residen en los servicios de acogida. Utilizamos una política sensible para hacer visibles las reuniones y los desajustes que tienen lugar entre los jóvenes y las políticas públicas brasileñas. Con este fin, se celebraron reuniones con los jóvenes que ya habían pasado por el proceso de desconexión institucional y también con los jóvenes que pronto cumplirían los 18 años y tendrían que abandonar las instituciones de acogida. Para hacer visibles estas existencias, se redactaron biografemas, inspirados en el trabajo de Roland Barthes. Los conceptos de necropolítica y vida precaria fueron fundamentales para comprender las omisiones del Estado en el momento de la desconexión. Se encontró que el Estado puede maximizar la precariedad de algunas vidas, principalmente de aquellas marcadas por características de raza, género y clase culturalmente marginadas. Sin embargo, el encuentro con las políticas también puede garantizar mejores condiciones de vida para algunos, facilitándoles el acceso a la universidad y al mercado laboral. Esta investigación señala que, ante el abandono, los jóvenes se convierten en luciérnagas, produciendo luminosidad en medio de la oscuridad y reclamando el derecho a la vida.(AU)