Direito
URI Permanente desta comunidadehttps://repositorio.cesupa.br/handle/prefix/25
Navegar
Navegando Direito por Orientador "Brito, Luis Antonio Gomes de Souza Monteiro de"
Agora exibindo 1 - 5 de 5
- Resultados por página
- Opções de Ordenação
Item A aplicação dos instrumentos de compensação socioambiental no contexto da mineração na Amazônia(Centro Universitário do Estado do Pará, 2022) Penna , Gabriel Neno Silva; Brito, Luis Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544This article develops a research about the current socio-environmental compensation instruments in Brazilian legislation, observing the way they can be applied in the context of mining in the Amazon. In this sense, a study is carried out on the history, main characteristics, the exploration process, the supply chain, the socioeconomic relevance and the main social and environmental implications of this activity in the Amazon, combined with a study of the socio environmental compensation instruments. Thus, the research carries out, based on these studies, an investigation into the adequacy and importance of this institute for a more responsible conduction of mining in the Amazon, in addition to the practical legal representation that it assumes, in general, in the context of Environmental Law. For this, a qualitative analysis of paradigmatic bibliographical references of the discussion is carried out.Item A Cota de Reserva Ambiental (CRA) como atividade econômica da propriedade rural: a implementação da CRA no Pará(Centro Universitário do Estado do Pará, 2020) Dias, Solange Valadares; Brito, Luis Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137This paper aims to identify, through bibliographic study, how the State of Pará has implemented the Environmental Reserve Quota (ERQ). The ERQ was created by the article 44 of the Brazilian Forest Code. It is a registered title that represents an area of native vegetation cover in a property in excess of the Legal Reserve. Its applicability is defined by article 66, §5º, I, which states that the owner with a surplus of native green area on the property can request the ERQ to be used in the settlement of third parties’ deficit of Legal Reserve, in the form of bearer title, only for environmental compensation. The negotiation occurs between parties, respecting the legal usage requirements. The ERQ is one of the instruments brought by the Forest Code with the function of helping in the preservation process, whilst guaranteeing economic activity. The research indicates that the use of the ERQ has not been directly stimulated in the state of Pará. Therefore, the state's rural owners have not taken advantage of its primary characteristic, brought by the Forest Code, to promote economic activity associated with environmental preservation.Item Energia solar: uma solução possível para o controle da insegurança climática na Amazônia?(Centro Universitário do Estado do Pará, 2023) Cordeiro, Letícia da Gama Albuquerque; Pereira, Maria Eduarda Corecha; Brito, Luis Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544This article analyzes the importance of adopting effective measures in the energy sector to mitigate climate insecurity in the Amazon, given the growing global urgency in relation to climate change. The objective of this work is to evaluate whether the use of solar energy is advantageous for the preservation of the Amazon ecosystem and its rich biodiversity, aligning the country's energy sources with the guiding principles of constitutional and environmental law. To this end, the study presents the environmental problems of the Amazon region, as well as demonstrating the need to adapt to a green economic model. Furthermore, it explores the viability of solar energy as an alternative to the country's energy matrix largely based on hydroelectric plants. Finally, it was concluded that, due to its minimal environmental impacts and great potential for exploration in Brazil, solar energy offers an effective and appropriate solution for a sustainable energy transition. In the research, the methodological path of bibliographic review is used, focused on carrying out bibliographic research on books, articles and documents relevant to the topic of study.Item O novo regime das app urbanas: uma análise da inconstitucionalidade da Lei n. 14.285/2021(Centro Universitário do Estado do Pará, 2023) Lima, Filipe Augusto de Oliveira; Nunes, Sollano Vithor Sampaio; Brito, Luis Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544The present work intends to carry out an analysis of the Permanent Preservation Areas (APP), their importance for the protection of water resources and also for the balance of the environment. In addition, it seeks to discuss the issue of unconstitutionality present in law nº 14.285/21, since, with its advent, it presented changes with regard to the legislative competence of the APP in consolidated urban space and the delimitation of its marginal course strips of water, giving the municipalities powers that relativize such limits, which were once the exclusive competence of the Federal Union. In this perspective, respecting what is exposed in the Federal Constitution of 1988, the work will continue to present: The concept of APP and who is competent to define them, then it will move on to a historical analysis referring to the APP and the Brazilian Forest Code, then , will address the advent of law 14.285/21 and its applicability characteristics and, finally, will discuss the reason why it makes the new legislation unconstitutional by confronting our magna carta. The research methodology was used, since books by renowned authors, consolidated jurisprudence, the Federal Constitution of Brazil and articles that address the subject in question were used.Item O papel da fiscalização para a prevenção de acidentes ambientais na atividade mineradora: instrumentos regulatórios e outras ferramentas(Centro Universitário do Estado do Pará, 2021-06-29) Bentes, David Samuel; Brito, Luis Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544This article aims to highlight the crucial role of environmental inspection when preventing accidents during incursions of mineral exploration in the most diverse territories. To this end, the focus was directed both to the analysis of eminently procedural instruments, provided for in the national legislative apparatus, as well as to the relevant resources for the protection of the environment, such as economic and tax structures. Finally, it was found that coordinated actions encompassing the incisive approach of verification through legal tools associated with the constitution of economic-tax conditions stimulating a responsible attitude towards mining activity is effective and important to prevent the occurrence of serious accidents in the mining projects across the country.