A RESPONSABILIDADE CIVIL DO ESTADO NOS CRIMES COMETIDOS CONTRA TRANSGÊNEROS DENTRO DOS PRESÍDIOS MASCULINOS BRASILEIROS.

Este artigo tem por objetivo identificar e discutir alguns encontros e desencontros existentes entre a epistemologia qualitativa, a fenomenologia e a pesquisa-ação, no que diz respeito à natureza, aos objetivos e procedimentos adotados. Nesse sentido, realizamos uma revisão teórica para identificar as características comuns e divergentes entre as categorias de pesquisa investigadas. Para tanto, buscamos as contribuições teóricas de González Rey acerca da teoria da subjetividade e de sua epistemologia qualitativa, de Moreira e seus estudos sobre a fenomenologia e, por (...) fim, de Thiollent, que apresenta as principais características da pesquisa-ação. (shrink)

Despite the ubiquity of healthcare simulation and the humanities in medical education, the two domains of learning remain unintegrated. The stories suffused within healthcare simulation have thus remained unshaped by the developments of narrative medicine and the health humanities. Healthcare simulation, in turn, has yet to utilize concepts like co-construction and narrative competence to enrich learners’ understanding of patient experience alongside their clinical competencies. To create a conceptual bridge between these two fields (including narrative-based inquiry more broadly), we redescribe narrative (...) competence via Ronald Heifetz’s distinction of “technical” and “adaptive” challenges outlined in his adaptive leadership model. Heifetz, we argue, enriches learners’ self-understanding of the unique demands of cultivating narrative competence, which can be both elucidated on the page and tested within the charged yet supportive simulation environment. We introduce Co-constructive Patient Simulation (CCPS) to demonstrate how working with simulated patients can support narrative work by drawing on the clinical vicissitudes of learners in the formulation and enactment of case studies. The three movements of CCPS—resensing, retelling, and retooling—told through learner experiences, describe the affinities and divergences between narrative medicine’s sequence of attention, representation, and affiliation; Montello’s three forms of narrative competence (departure, performance, change), and Heifetz’s three steps (observe, interpret, and intervene) of adaptive leadership. (shrink)

O presente trabalho tem o propósito de, no contexto dos Objetivos de Desenvolvimento Sustentável da Agenda 2030, estabelecidos pela Organização das Nações Unidas, refletir sobre a construção de sociedades inclusivas, equitativas e justas. Nesses termos, propusemo-nos a discutir a questão da interferência estatal nas relações econômicas como fomentadora de inserção social de grupos vulneráveis. Por meio de pesquisa bibliográfica e de dados secundários, investigamos os possíveis efeitos da Lei nº 14.133/2021, que trata da possibilidade de o edital de licitação pública (...) exigir que percentual mínimo da mão de obra responsável pela execução do objeto da contratação seja constituído por oriundos ou egressos do sistema prisional (BRASIL, 2021). Ao investigar o potencial de contratação da Administração Pública para mitigar a vulnerabilidade social no que se refere ao desemprego, identificamos que o município analisado tem grande potencial de empregabilidade por meio dos contratos públicos, visto que desenvolve diversas atividades utilizando-se de mão-de-obra da iniciativa privada. Apesar disso, o município ainda não regulamentou o instituto de inclusão previsto na Lei nº 14.133/2021 e conta com um sistema prisional deficitário que, além de não fomentar a reinserção social do egresso, não proporciona condições de encarceramento dentro dos parâmetros constitucionais. (shrink)

Este estudo se dispõe a reflexão sobre a relação entre o Direito Tributário e a proteção ambiental, pela análise das normas regulatórias tributárias, atuando como agente desestimulador de condutas degradantes ao meio ambiente. Normas tributárias podem ser utilizadas como instrumentos estimuladores do desenvolvimento sustentável e desestimuladores de condutas degradantes ambientais. A Constituição Federal estabeleceu as premissas do desenvolvimento econômico. A empresa deve atender a critérios, como desenvolver-se promovendo redução de desigualdades sociais, atendendo às relações de consumo e preservação ambiental. Neste (...) artigo se demonstra a importância das normas tributárias extrafiscais na regulação e contenção de danos ambientais. (shrink)

BackgroundPreprint usage is growing rapidly in the life sciences; however, questions remain on the relative quality of preprints when compared to published articles. An objective dimension of quality that is readily measurable is completeness of reporting, as transparency can improve the reader’s ability to independently interpret data and reproduce findings.MethodsIn this observational study, we initially compared independent samples of articles published in bioRxiv and in PubMed-indexed journals in 2016 using a quality of reporting questionnaire. After that, we performed paired comparisons (...) between preprints from bioRxiv to their own peer-reviewed versions in journals.ResultsPeer-reviewed articles had, on average, higher quality of reporting than preprints, although the difference was small, with absolute differences of 5.0% [95% CI 1.4, 8.6] and 4.7% [95% CI 2.4, 7.0] of reported items in the independent samples and paired sample comparison, respectively. There were larger differences favoring peer-reviewed articles in subjective ratings of how clearly titles and abstracts presented the main findings and how easy it was to locate relevant reporting information. Changes in reporting from preprints to peer-reviewed versions did not correlate with the impact factor of the publication venue or with the time lag from bioRxiv to journal publication.ConclusionsOur results suggest that, on average, publication in a peer-reviewed journal is associated with improvement in quality of reporting. They also show that quality of reporting in preprints in the life sciences is within a similar range as that of peer-reviewed articles, albeit slightly lower on average, supporting the idea that preprints should be considered valid scientific contributions. (shrink)

O presente artigo trata sobre experiências leitoras motivadas por canções, memórias autobiográficas e comentários publicados em plataformas digitais. Partindo-se do princípio de que a leitura é mais que uma simples atividade de decodificação, defende-se que ao deixar-se ler pelas canções e pela arte o sujeito, involuntariamente, arma-se para produzir sentidos às marcas inscritas e re-inscritas na sua própria história, reinventando-se e gerando novos processos de subjetivação. Os objetivos deste trabalho são: 1. Construir uma compreensão sobre o lugar da canção no (...) cenário artístico brasileiro, bem como sobre a sua capacidade de produzir efeitos nos sujeitos leitores, amparando-se em algumas produções intelectuais reconhecidas no meio acadêmico. 2. Narrar uma experiência de leitura, em que a canção atua como desveladora de demandas afetivas pessoais, geradora de um produto artístico: a série de vídeo Histórias de Maria. 3. Identificar e analisar possíveis leituras sobre as Histórias de Maria, imersas em comentários sobre a respectiva série, publicados nas plataformas digitais. Para efeito didático e metodológico, organiza-se este artigo em três itens: 1) O lugar da canção como suporte de leitura. 2. Experiência subjetiva: leituras de marcas inscritas e reinscritas pela canção. 3. Histórias de Maria: leituras e leitores. Autores como Wisnik, Rossi e Neder Lima, Agamben, Martins e Jouve contribuem para a compreensão do lugar da canção no cenário artístico brasileiro, sua qualidade de objeto biográfico e dispositivo, bem como sua potência em levar o corpo a produzir sentidos para marcas inscritas e reinscritas, através de diversos níveis de leitura. Contribuem, também, para a análise das possíveis leituras imersas nos comentários recolhidos para este trabalho. Por fim, nas considerações finais, conclui-se que toda forma de ler vale a pena. (shrink)

Este artigo pretende discutir a concepção de aparência desenvolvida por Hannah Arendt na obra A Vida do Espírito (1977), tendo em vista a centralidade da questão como elemento inicial da reflexão sobre as atividades do espírito. Inicialmente, o texto discorre sobre parte dos atravessamentos teóricos presentes na interpretação arendtiana da aparência, concentrando-se no conteúdo de referência em Martin Heidegger. Como resultado, ocorre um afastamento realizado pela autora em relação à metafísica tradicional, e tal postura crítica será compreendida a partir do (...) diálogo com Heidegger e Kant. Assim, na sua transversalidade com a faculdade do pensar e com o ser em geral, entende-se que a crítica à metafísica é consequência direta da concepção de aparência proposta pela autora. Por fim, uma breve elucidação metodológica do conteúdo de A Vida do Espírito será apresentada, com o intuito de justificar seu caráter interpretativo baseado no método fenomenológico-hermenêutico aos moldes heideggerianos, em detrimento de uma descrição fenomenológica de inspiração husserliana. (shrink)

This article examines the implications of traditional philosophical language inherited from Portuguese colonization in Brazil, still prevalent in academia and secondary education. Through a critical reading of Brazil's early colonial history, we analyze the aspects of this perspective shaping philosophical tradition. Friedrich Nietzsche's antidogmatic thought and Martin Heidegger's concept of calculative thinking inform our critique. Inspired by Paulo Freire's "Pedagogy of the Oppressed," our study explores students' everyday language, aiming to develop an alternative philosophical language rooted in social reality.

The lack of public support for climate change policies and refusals to vaccinate children are just two alarming illustrations of the impacts of dissent about scientific claims. Dissent can lead to confusion, false beliefs, and widespread public doubt about highly justified scientific evidence. Even more dangerously, it has begun to corrode the very authority of scientific consensus and knowledge. Deployed aggressively and to political ends, some dissent can intimidate scientists, stymie research, and lead both the public and policymakers to oppose (...) important public policies firmly rooted in science. -/- To criticize dissent is, however, a fraught exercise. Skepticism and fearless debate are key to the scientific process, making it both vital and incredibly difficult to characterize and identify dissent that is problematic in its approach and consequences. Indeed, as de Melo-Martín and Intemann show, the criteria commonly proposed as means of identifying inappropriate dissent are flawed and the strategies generally recommended to tackle such dissent are not only ineffective but could even make the situation worse. -/- The Fight Against Doubt proposes that progress on this front can best be achieved by enhancing the trustworthiness of the scientific community and by being more realistic about the limits of science when it comes to policymaking. It shows that a richer understanding of the context in which science operates is needed to disarm problematic dissent and those who deploy it. This, the authors argue, is the best way forward, rather than diagnosing the many instances of wrong-headed dissent. (shrink)

For several centuries prior to the founding of the Theosophical Society in 1875, individual 'theosophers' in Britain and Europe were quietly in touch with one another all seekers of the inward way. Theosophic Correspondence (1792 1797) is a series of inspiring letters, personal and philosophic, exchanged during the climactic days of the French Revolution between Kirchberger, member of the Sovereign Council at Berne, Switzerland, and Saint-Martin, whom Kirchberger regarded as 'the most eminent writer . . . and most profound of (...) his age'. (shrink)

Reprogenetic technologies, which combine the power of reproductive techniques with the tools of genetic science and technology, promise prospective parents a remarkable degree of control to pick and choose the likely characteristics of their offspring. Not only can they select embryos with or without particular genetically-related diseases and disabilities but also choose embryos with non-disease related traits such as sex. -/- Prominent authors such as Agar, Buchanan, DeGrazia, Green, Harris, Robertson, Savulescu, and Silver have flocked to the banner of reprogenetics. (...) For them, increased reproductive choice and reduced suffering through the elimination of genetic disease and disability are just the first step. They advocate use of these technologies to create beings who enjoy longer and healthier lives, possess greater intellectual capacities, and are capable of more refined emotional experiences. Indeed, Harris and Savulescu in particular take reprogenetic technologies to be so valuable to human beings that they have insisted that their use is not only morally permissible but morally required. -/- Rethinking Reprogenetics challenges this mainstream view with a contextualised, gender-attentive philosophical perspective. De Melo-Martín demonstrates that you do not have to be a Luddite, social conservative, or religious zealot to resist the siren song of reprogenetics. Pointing out the flawed nature of the arguments put forward by the technologies' proponents, Rethinking Reprogenetics reveals the problematic nature of the assumptions underpinning current evaluations of these technologies and offers a framework for a more critical and skeptical assessment. (shrink)

What does it mean to have a distinctively religious orientation toward reality? Martin J. De Nys offers a philosophy of religion grounded within the phenomenological tradition as a way to understand religious life. Focusing on the key concepts of sacred transcendence, religious discourse, and radical self-transcendence, De Nys contends that a phenomenological view of religion allows considerable diversity in regard to the possibility of religious truth. Phenomenology also helps to account for the dizzying variety of religious expressions and religious lifeways. (...) Ultimately, De Nys reaches a universal and complete method of describing a philosophical approach to religious life. This compelling book plays a valuable role in describing human engagement with religion. (shrink)

Hegel and Lonergan both make important contributions to the contemporary task of developing philosophical considerations of God within the context of a philosophy of religion. Hegel maintains that philosophy must both present knowledge of God as God is in godself, and present an account of God’s involvement with the human community. One accomplishes this two-sided task, Hegel believes, through the philosophical appropriation of the religious representation. If this appropriation is rightly understood, there is little in it to which Longern should (...) object, and a great deal that he might endorse, given his own views about the relation between philosophy of religion and philosophy of God. At the same time, Lonergan would rightly object to what at times seems at least to be Hegel’s annulment of religious mystery, and the claim Hegel sometimes seems to make that the cognitive achievements of philosophy result in a sublation of the existential concerns of religion. Lonergan argues for positions that make possible important corrections of these problems. (shrink)

ABSTRACT The purpose of this paper is to examine critically Julian Savulescu's claim that people should select, of the possible children they could have, the one who is expected to have the best life, or at least as good a life as the others, based on the relevant, available genetic information, including information about non‐disease genes. I argue here that in defending this moral obligation, Savulescu has neglected several important issues such as access to selection technologies, disproportionate burdens on women, (...) difficulties in determining what is best, problems with aggregate effects of individual choices, and questions about social justice. Taking these matters into account would call such a moral requirement into serious question. (shrink)

The term “evolution” is often used in the administrative sciences to designate dynamic processes of change in general. In biology, evolution has a very specific meaning, namely the application of a generative variation-selective retention scheme to change. Applying this to the administrative sciences is more exacting: describing what the variation consists of, how replication of the generated variation occurs and delineating the population from which the selection is made are far from easy. While it is the intention of this special (...) issue as a whole to provide some empirical examples of evolutionary change in the public and private sectors, this introduction will lay out the main lines of thought in what is often referred to as universal Darwinism and what this means in the administrative sciences. Key concepts here are generative variation, selective retention, and selective institutional environment. According to the authors, the Darwinian scheme of evolutionary theory focuses on how new ideas or concepts arise, how they propagate and influence wider actor thinking and on how the institutional environment in which they operate affects their differential survival. This evolutionary process is an interplay between actors and replicators (sounds, images, and in this context mostly words) in which it cannot be said in advance which one is fooling the other. (shrink)

The ethical theory discoverable in Hegel’s writings assigns, on Dean Moyar’s reading, an important role to the idea of conscience. Hegel’s discussion of conscience presents a theory of practical reasoning which requires that one be able to nest the particular purposes that motivate one’s actions in the objective purposes that have normative status insofar as they prevail in the institutions of modern ethical life. Those norms are legitimized by the fact that the institutions in question, most especially the state, predicate (...) themselves on their recognition of the rights of the particular individual. Individuals are not simply passive in relation to ethical, institutional norms. Individual moral deliberation plays a key role in the ethical development of society. Nonetheless, the norms that the state requires the individual to recognize do seem to be, in the last analysis, beyond appeal. Hegel makes, and Moyar presents, a powerful case for this position. Nonetheless, pacifist arguments present this position with a serious challenge. (shrink)

The argument from inductive risk has been embraced by many as a successful account of the role of values in science that challenges the value-free ideal. We argue that it is not obvious that the argument from inductive risk actually undermines the value-free ideal. This is because the inductive risk argument endorses an assumption held by proponents of the value-free ideal: that contextual values never play an appropriate role in determining evidence. We show that challenging the value-free ideal ultimately requires (...) rejecting this assumption. (shrink)

The use of genome embryo editing tools in reproduction is often touted as a way to ensure the birth of healthy and genetically related children. Many would agree that this is a worthy goal. The purpose of this paper is to argue that, if we are concerned with justice, accepting such goal as morally appropriate commits one to rejecting the development of embryo editing for reproductive purposes. This is so because safer and more effective means exist that can allow many (...) more prospective parents to achieve the same valued goal and that offer additional benefits. (shrink)

Philosophers of science, particularly those working on science and values, often talk about the need for science to be socially responsible. However, what this means is not clear. In this paper, we review the contributions of philosophers of science to the debate over socially responsible science and explore the dimensions that a fruitful account of socially responsible science should address. Our review shows that offering a comprehensive account is difficult. We contend that broad calls for socially responsible science that fail (...) to attend to relevant dimensions are not the solution, as they preclude meaningful changes to research institutions and practices. We conclude that narrower, more explicit accounts are more likely to lead to substantive transformation. (shrink)

Although science is our most reliable producer of knowledge, it can also be used to create ignorance, unjustified doubt, and misinformation. In doing so, agnotological practices result not only in epistemic harms but also in social ones. A way to prevent or minimise such harms is to impede these ignorance-producing practices. In this paper, I explore various challenges to such a proposal. I first argue that reliably identifying agnotological practices in a way that permits the prevention of relevant harms is (...) more difficult than it might appear. I focus on an identifying criterion that many find apt for the task: bad faith motives. I then consider an objection—that reliable criteria are unnecessary to successfully address the concerns raised by agnotological strategies—and I show that it fails. I conclude by exploring other ways of conceptualising the problems attributed to agnotological practices. In particular, I challenge the focus on misinformation as the main problem of concern. (shrink)

According to Aristotle’s homonymy principle, when we use a common name to refer to wholes and parts that lack the capacity to carry out the function signified by the name, we are using the name in a homonymous way. For example, pictures and statues of a man, or a dead eye, are called “man” and “eye” only homonymously because they cannot carry out their proper function, i.e., to live and to see. This principle serves well Aristotle’s purposes in natural philosophy, (...) for it avoids a reduction of the essence of living bodies and their parts to their material composition and shape. This principle, however, leaves unexplained why we still use those names in common language, despite their homonymy. Using Aristotle’s own comments on homonymy, I will examine the role played by external figure, for it explains why such homonyms are not accidental. In fact, they are correct forms of linguistic usage in non-philosophical contexts. (shrink)

The therapeutic misconception has been seen as presenting an ethical problem because failure to distinguish the aims of research participation from those receiving ordinary treatment may seriously undermine the informed consent of research subjects. Hence, most theoretical and empirical work on the problems of the therapeutic misconception has been directed to evaluate whether, and to what degree, this confusion invalidates the consent of subjects. We argue here that this focus on the understanding component of informed consent, while important, might be (...) too narrow to capture the ethical complexity of the therapeutic misconception. We show that concerns about misplaced trust and exploitation of such trust are also relevant, and ought to be taken into account, when considering why the therapeutic misconception matters ethically. (shrink)

Recently, some have proposed moral bioenhancement as a solution to the serious moral evils that humans face. Seemingly disillusioned with traditional methods of moral education, proponents of bioenhancement believe that we should pursue and apply biotechnological means to morally enhance human beings. Such proposal has generated a lively debate about the permissibility of moral bioenhancement. We argue here that such debate is specious. The claim that moral bioenhancement is a solution - whether permissible or not - to the serious moral (...) problems that affect human beings is based on several problematic framing assumptions. We evaluate here three of such assumptions: the first rests on a contested understanding of morality, the second consist in a mistaken conception of human moral problems, and the third relates to problematic presuppositions grounding the interpretation of existent scientific evidence presented to defend moral bioenhancement. Once these framing assumptions are identified and critically evaluated, it becomes clear that the moral bioenhancement debate is misguided. (shrink)

A growing number of jurisdictions hold that gamete donors must be identifiable to the children born with their eggs or sperm, on grounds that being able to know about one's genetic origins is a fundamental moral right. But the argument for that belief has not yet been adequately made.

We appreciate that the theme “ethics of ethics conferences” that we introduced in 2023 (Van der Graaf et al. 2023) was echoed by the previous and current presidents of the International Association...

The purpose of this paper is to show that arguments for and against cloning fail to make their case because of one or both of the following reasons: 1) they take for granted customary beliefs and assumptions that are far from being unquestionable; 2) they tend to ignore the context in which human cloning is developed. I will analyze some of the assumptions underlying the main arguments that have been offered for and against cloning. Once these assumptions are critically analyzed, (...) arguments both rejecting and supporting human cloning seem to lose weight. I will first briefly present the main arguments that have been proposed against cloning and I will argue that they fail to establish their case. In the next section I will evaluate some of the positive arguments that have been offered supporting such technology. This analysis will show that the case for cloning also fails. Finally, I will maintain that because critics and especially supporters of this technology neglect the context in which human cloning is developed and might be implemented, their arguments are far from compelling. (shrink)

A new reprogenetic technology, mitochondrial replacement, is making its appearance and, unsurprisingly given its promise to wash off our earthly stains --or at least the scourges of sexual reproduction--, John Harris finds only reasons to celebrate this new scientific feat.1 In fact, he finds mitochondrial replacement techniques (MRTs) so “unreservedly welcome” that he believes those who reject them suffer from “a large degree of desperation and not a little callousness.”2 Believing myself to be neither desperate nor callous, but finding myself (...) also no closer at all – not even after reading his article—to following Harris in welcoming these technologies wholeheartedly, it seems appropriate to respond. (shrink)

Proponents of moral enhancement believe that we should pursue and apply biotechnological means to morally enhance human beings, as failing to do so is likely to lead to humanity's demise. Unsurprisingly, these proposals have generated a substantial amount of debate about the moral permissibility of using such interventions. Here I put aside concerns about the permissibility of moral enhancement and focus on the conceptual and evidentiary grounds for the moral enhancement project. I argue that such grounds are quite precarious.

The disclosure policies of scientific journals now require that investigators provide information about financial interests relevant to their research. The main goals of these policies are to prevent bias from occurring, to help identify bias when it occurs, and to avoid the appearance of bias. We argue here that such policies do little to help achieve these goals, and we suggest more effective alternatives.