Direito

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Navegando Direito por Orientador "Faro, Liandro Moreira da Cunha"

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    A responsabilidade civil e os mecanismos legais de proteção dos recursos hídricos nacionais
    (Centro Universitário do Estado do Pará, 2022) Silva, Carlos Eduardo Franco da; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
    About 70% of our planet's surface is made up of water. However, water is a finite natural resource. The increase in industrial activity and the consequent population growth have caused the increase in consumption and water waste to reach very high levels. Thus, starting from an exploratory qualitative bibliographical research, the present study aims to present civil liability and the legal framework that protects water resources in Brazil. By giving a satisfactory conclusion to the problem that guided the efforts made in the research, the work proves to be relevant both for the academic and professional field and for society, since understanding the legislation that covers this theme is essential, after all, a new approach to water as a A strategic natural resource, no longer seen as an infinitely abundant commodity, has gained a significant profile. However, the conclusions obtained were that, unfortunately, the fight for the regulated use of the most valuable natural resource, unfortunately, is not seen with the necessary intensity. In addition to legal protection, society needs to have the proper awareness to make good use of.
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    Direito de posse de bem público dominical na zona rural e o princípio da função social da propriedade: uma ponderação de conflitos constitucionais acerca dos direitos fundamentais em face da posse de bem público dominical na zona rural e do princípio da função social da propriedade
    (Centro Universitário do Estado do Pará, 2019-06-17) Rocha, João Marcelo de Oliveira; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660; Lima, Luciana Albuquerque; http://lattes.cnpq.br/3927152172709201
    This study had as goal to analyze the right of ownership of private entities over Dominical Public Properties, focusing on rural properties. It’s a monography, created from a bibliographical research, as well as from the description of doctrinal positions about the proposed subject, and also, supporting on the Brazilian jurisprudence about the subject we proposed to expose. To fulfill such objective, some information sources were utilized, highlighting the books, scientific articles and judicial decisions, looking to comprehend, through multiple branches, the analyzed problem. On this research, the ownership of dominical properties and all the related concepts were analyzed, as well as the necessary conditions to get the permit to it. For such, firstly, we analyzed the concepts of Dominical Public Properties, focusing on the Vacant Lands, that, when considered unoccupied areas, are frequently target of rural possessory conflicts, presenting all the legal history of those properties and the conditions to obtain the ownership of private entities. On the same chapter, the research aimed to bring the concepts and theories related to ownership and public properties ownership. On a second moment, the research seeks to analyze the indispensable principles to the theme, such as the Principle of the Social Function of the Property and the Principle of the Supremacy of the Public Interest. Finally, on the final chapter, we demonstrated the practical implications of the analyzed theories throughout the research, exposing and analyzing jurisprudential decisions and the doctrinal positions on the problem.
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    Terras indígenas e a tese do marco temporal: uma análise sócio-jurídica acerca do julgamento do RE 1017365/SC pelo Supremo Tribunal Federal
    (Centro Universitário do Estado do Pará, 2022) Alves, Vinícius Chaves; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
    The present work is justified by the importance of the issue of indigenous people's rights to the lands they traditionally occupy and by the RE 1017365/SC trial by the Supreme Federal Court (STF), in which the general repercussion of this constitutional issue was recognized. Its research problem is the question of which thesis should prevail in the process of recognition and realization of indigenous territorial rights: the original rights thesis (indigenato) or the temporal march of occupation thesis (indigenous fact). The objective, therefore, is to contextualize the factors intrinsic to this fundamental discussion and, in a descriptive and critical analysis of the RE 1017365/SC trial, to give an opinion on what would be the best interpretation of the Constitution for that case and, considering the binding effect of the decision, for the rights of traditional peoples to indigenous lands. To achieve it, it was sought to make an anthropological contextualization on the subject, an analysis of the historical and current normative conjecture concerning the theme, a complete report on the judicialization of the litigation involving the Xokleng People and, finally, a critical analysis of the opposing theses, clarifying the reasons why one should be used and why the other should be rejected. Therefore, it was concluded that the best interpretation of art. 231 of the Constitution, in line with the vote of the Rapporteur of RE 1017365/STF, Minister Edson Fachin, is the reaffirmation of the original rights of indigenous peoples to indigenous lands.
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    Uma análise da herança em casos de indignidade no Brasil
    (Centro Universitário do Estado do Pará, 2020) Morgado, Marina Veloso Vinagre; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
    This paper presents an analysis of the consequences of indignity's cases in inheritance under Brazilian law. The purpose was to discriminate to what extent the exclusion of succession for indignity causes the legitimacy of the Public Ministry to act in the active pole of the Ordinary Action of Indignity. For that, the deductive methodology was used, through the technique of bibliographic research, through the study of indoctrinators, having as main references Maria Helena Diniz, Pablo Stolze and Eduardo de Oliveira Leite who approach on the indignity and the legitimacy to exclude the heir of the succession. It was concluded that it is possible and necessary for the Public Prosecutor to act in the active pole of the Ordinary Action of Indignity insofar as the exclusion of succession for indignity gives legitimacy to that body to act as guarantor already in the legal order, designated to protect the democratic regime, social interests and, mainly, the right to life.