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Papers by Samia Cirino

REVISTA QUAESTIO IURIS, 2016

Revista de Gênero, Sexualidade e Direito

O artigo analisa as novas medidas protetivas obrigatórias estipuladas na Lei 11.340/2006, de inse... more O artigo analisa as novas medidas protetivas obrigatórias estipuladas na Lei 11.340/2006, de inserção do agressor em programas ou atendimento voltados à reeducação. A análise é realizada segundo a criminologia crítica feminista. Essa vertente permite questionar a legitimidade das medidas punitivistas em relação à violência contra a mulher, especialmente no que tange à seletividade do sistema penal. Verificou-se que as novas medidas preventivas implicam antecipação de punibilidade para aquele que sequer se enxerga como violador de direitos. Ainda, é apontada a necessidade de ressignificação das categorias de sexo e gênero para subverter a lógica opressora das relações de gênero.

Espaço Jurídico Journal of Law [EJJL]

O presente artigo analisa os impactos sobre a saúde mental dos trabalhadores decorrentes das estr... more O presente artigo analisa os impactos sobre a saúde mental dos trabalhadores decorrentes das estratégias de captura da subjetividade implementadas na organização do trabalho após a reestruturação produtiva do capitalismo. A partir de estudos da psicodinâmica do trabalho, demonstra-se a importância da atividade laboral para a construção e estabilização da identidade do sujeito, bem como a impossibilidade de reconhecimento da contribuição da atividade laboral no atual modelo de exploração do trabalho. Com fulcro em pesquisas empíricas realizadas em montadoras de veículos, buscou-se entender a consciência dos empregados desse segmento em relação à sua atividade laboral sob a égide desse novo modelo organizacional. Além disso, buscou-se identificar eventuais estratégias desenvolvidas individual e coletivamente pelos trabalhadores como forma de resistência à tentativa de captura da subjetividade e de continuidade da luta por reconhecimento e autorrealização pelo trabalho.

A reforma trabalhista brasileira na perspectiva das relações de gênero: reificação ou superação da divisão sexual do trabalho?, 2019

Quaestio Iuris, 2016

Parting from a qualitative analysis of empirical data available in the Gender’s Reports codevelop... more Parting from a qualitative analysis of empirical data available in the Gender’s Reports codeveloped by the
Geographical and Statistical Brazilian Institute (IBGE), the Politics for Women Public Office (SMP) and the International Labor Organization (ILO), this paper aims to demonstrate that the gender discrimination still
happens to women in the work relations, which may be explained by the difficulties linked to their job insertion,
permanence and development. Theresults obtained, based on the analysis of gender reports and literature review,
show that this scenario is caused by the social construction of gender identity, according to the reiteration of rules
that regulate and produce the various corporeal beings, that follow a heterosexual and androcentric logic. This
process of social identity formation confirms the sexual labor division, which engenders relations of exploration,
domination and oppression in the women´s productive and reproductive work. Finally, based on a critical reading
of the internal rules and of the international treaties that regulates women´s work, and on judicial decisions
involving their work, this study suggests that is necessary to adopt politics of positive discrimination and to
establish the Human Right to work concept as an emancipatory dimension, so that equal opportunities can be
promoted and gender materials differences can be corrected. This research used qualitative, exploratory and
bibliographicinstruments.

Espaço Jurídico Journal of Law [EJJL], 2018

The article analyzes the impact on the mental health of workers resulting from the strategies of ... more The article analyzes the impact on the
mental health of workers resulting from the strategies of capture of subjectivity implemented in work
organization after the productive reorganization of
capitalism. Based on the studies of psychodynamic
of work, it demonstrates the importance of labor
for the construction and stabilization of the worker´s identity, and the inability to recognize the
contribution of labor activity in the current model
of labor exploitation. Based on empirical researches
in automakers, it aims at understanding the awareness of the employees of this segment in relation to
their work activities under this new organizational
model. Furthermore, it was intended to identify individual or collective strategies developed by workers as a form of resistance to the strategies of capture of subjectivity and to continue the struggle
for recognition and self-realization through work.

Revista de Gênero, Sexualidade e Direito, 2020

The study analyzes the obligatory protective measures stipulated by Law 11.340 / 2006, for insert... more The study analyzes the obligatory protective measures stipulated by Law 11.340 / 2006, for
insertion of the aggressor in programs or assistance to re-education. The analysis occurs
according to feminist critical criminology. This aspect allows to question the legitimacy of
punitive measures in the issue of violence against women, especially with regard to the
selectivity of the penal system. It was found that the new preventive measures involve
anticipation of criminality to one that even sees itself as rights violator. Also pointed to the
need for redefinition of sex and gender categories to subvert the opressive logic of gender
relations.

Revista da Faculdade Mineira de Direito, 2021

This paper analyzes teleworking realized by women during the pandemic, in view of the discussion ... more This paper analyzes teleworking realized by women during the pandemic, in view of the discussion regarding the
accumulation of productive and reproductive activities during this period in a more expressive way by them. This
problem leads us to the analysis of the sexual division of labor according to different aspects of feminisms,
especially Liberal Feminism, because it is based on this perspective that productive and reproductive work has been diffuse in the media. After collecting statistical data about the work of women during the pandemic and
collecting the bibliography on the topic, it was possible to verify that the discourse of women regarding the
accumulation of reproductive and productive activities during the pandemic masks a racial and exclusionary
content fomented by Liberal Feminism in the context of neoliberal capitalism. By opposing this discourse with
critical perspectives of Radical and Marxist Feminism, it was concluded that, for a part of women, the
accumulation of social reproduction activities during the pandemic period, to a large extent, results from the
dismissal of domestic workers, or, still, from the impossibility of them to work during this period due to the absence
of public support policies during the health crisis.

Argumenta Journal Law, 2019

The article presents a critical analysis of the classification of sexual abuse by the Law 13.718 ... more The article presents a critical analysis of the classification of sexual
abuse by the Law 13.718 / 2018, in order to verify the effectiveness in the
fight against gender violence. For this purpose analyzes the real causes
that place women in an inferior status in society, that is, surpasses merely
naturalizing or cultural analysis of the construction of gender, sex and
sexuality to activate in the analysis of the construction of the subjects according to the logic of power relations in a particular socio and historical
context. This analytical perspective denounces the performative character
of these categories of analysis, that is, they are compulsorily constituted
from a complex process of reiteration of norms that mask the oppressive
content of heterosexualization and phallocentrism. Understanding the subordination of women in gender relations from the phallocentric and heterosexual logic that constitutes the corporeal beings, reveals how this oppressive
logic is reified through the law, as the typification of sexual abuse.

Books by Samia Cirino

Classes sociais e (des)regulação do trabalho no Brasil atual, 2014

Trabalho e Regulação no Estado Constitucional, 2016

Thesis Chapters by Samia Cirino

Tese Doutorado, 2017

The present study questions the possibility of recognition of woman's labor that enables selfreal... more The present study questions the possibility of recognition of woman's labor that enables selfrealization by the contribution of the labor activity, in view of the precarization of human
labor in capitalism ruled by the neoliberal program. From this inquiry, the study aims, in
general, to unveil the real causes of gender discrimination at work, informed by the
hypothesis that there is a sexual division of labor precariousness in capitalism of
contemporaneity. For this purpose, it is analyzed the new morphology of work in capitalism
restructured under the neoliberal aegis according to the feminist perspective, since it allows to
destabilize the context of inequality and oppression experienced by women at work. The
bibliographic review about the theme is related to the social indicators resulting from the
reports which take care of the working conditions according to gender in Brazil. After verified
the real situation of women at work, the feminist criticism is applied to the analysis of legal
norms that discipline the women's work in the Brazilian legal system, as well as paradigmatic
judicial decisions on the theme, with the aim of demystifying the propagated protective
character and unveil the reification of sexual division of labor. This approach requires the
deconstruction of gender and sex constituted on the basis of sexual difference, that is
according to biological or merely cultural aspects. After performing the deconstruction of the
binary sex and gender system and the mimetic relationship between these categories, the
concepts are reformulated according to the performative character in our social reality. After
being verified the dissonances, it is proposed to restore the feminist criticism and resignify the
subject of feminism, as a way of releasing it from the violence inherent to the use of the
woman’s universal and essentialist identities. It is argued that the category should be opened
to comprise any person who is placed in the position of women in our society. In view of this
premise, the scope of overcoming gender discrimination at work and the recognition of the
woman’s work is made possible by means of the proposal of normative reconstruction of the
human and fundamental right to work. The normative framework of right to work is
reconstructed from the paradigm of the centrality of labor for the construction and
stabilization of subjects’ identity and subjectivity, based on the Critical Theory and
Psychodynamics of work. In addition to the cited reconstruction of the right to work, it is
proposed the theoretical alignment of the subversive model of Judith Butler, the gender justice
of Nancy Fraser and the theoretical statute of recognition of Axel Honneth in order to achieve
a transforming gender policy that allows the inclusion of subdued subjects in public and
deliberative spheres.