Antidisciplina: vidas, táticas e estratégias: a tensão entre direitos fundamentais e a proteção a testemunhas no Estado do Espirito Santo

Abstract

The present work is the product of the Strictu Sensu Graduate Program in Vitória, in Rights and Fundamental Guarantee, Master's level, and its source of inspiration and ignition was the Protection of Witnesses in Brazil and in the State of Espírito Santo. With the theme surrounding Protection, Breach of Standard and Fundamental Rights, it was written by the General Coordinator of PROVITA / ES, now a researcher, and printed the fingerprints of civil society and all the contradictions and tensions that a bold proposal can host. At first, the origin and history of PROVITA was recovered in the context of high levels of violence and a situation of impunity for homicide cases, which established the conditions for the implementation of the Public Policy for the Protection of Victims and Witnesses in Espírito Santo in late 1990s. During the construction process, we sought to analyze the phenomenon of breaking the norm, through phenomenology as a way of philosophizing, but also to understand events without preunderstandings or judgments, in the context of the Protection of Victims and Witnesses in the State of Espírito Santo, and the tension with Fundamental Rights. To achieve this goal, it was important to analyze the meanings of the nuclei of the Subject-inProtection discourses, collected through interviews, in order to understand how the tension between Fundamental Rights and safety norms occurred in the light of Theory Michel de Certeau's Everyday Practices, specifically the categories of tactics and strategies and the control of Michel Foucault's bodies and device, specifically the category of anti-discipline, and how they were affected by PROVITA fissures. From the verification of the field research, the proposal of the Pedagogy of Protection, as a path, revealed itself in a differentiated protective action. It was based on human rights education to achieve the fulfillment of fundamental rights and, consequently, the realization of human rights. Within a Public Policy of High Complexity, the objective was to see Bioprotection implemented, as a way to provide protection to threatened people in an integral and powerful way.