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URI Permanente desta comunidadehttps://repositorio.cesupa.br/handle/prefix/25

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Navegando Direito por Orientador "Fonseca, Luciana Costa da"

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    O naufrágio do navio Haidar sob a ótica dos princípios do poluidor pagador e da reparação
    (Centro Universitário do Estado do Pará, 2019-06-18) Silva, Danilo Vetinho Gordo e; Fonseca, Luciana Costa da; Rabelo, Paulo César Beltrão
    One of the major socio-environmental challenges is related to the absence of legal criteria for the identification and compensation of victims of mass environmental damage. Because of this difficulty, the agreement between the polluter and victims has been used to make some compensation possible. Worth mentioning is the judicial agreement signed on 07/02/2018, in the case of the shipwreck of the Haidar Ship in the Port of Vila do Conde in the city of Barcarena in Pará, considered a judicial agreement that enabled the indemnification of the largest number of victims of environmental damage in Brazil , reaching more than 5.000 (five thousand) families. This research examines the extent to which the agreement reached is compatible with the polluter pays and repair principles. The specific objectives have focused on analyzing the legal content of the polluter pays principle and the remedy; to analyze the Haidar shipwreck case and the challenges related to the legal agreement reached to compensate for damages and compensation of the victims, as well as to analyze the extent to which the legal agreement complies with the principles of the polluter pays and of reparation. The methodology followed the guidelines of a qualitative research with documental analysis and legal doctrine. In this analysis, it was concluded that these principles could have been applied with more practical efficiency in the solutions that were obtained in the decision, taking into account particularities of the way of life of the riverside, to gauge in an adequate way the intangible necessities that these individuals also have, of course, the needs of the environment that has been degraded.
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    A responsabilidade penal da pessoa jurídica e a teoria da dupla imputação nos crimes ambientais: uma análise com base na doutrina e na jurisprudência
    (Centro Universitário do Estado do Pará, 2019-06-19) Rayol, Carlos Henrique Cunha; Fonseca, Luciana Costa da; Lima Filho, Eduardo Neves
    The purpose of this study is to present the main aspects about the criminal capacity of legal persons and to bring one of the most relevant discussions that arise due to this capacity, which is the Dual Imputation Theory in crimes against the environment. For this purpose, legislation, doctrine and jurisprudence were used as sources of research. It is worth noting that this analysis does not have as its purpose the exhaustion of the topic, considering that, although criminal liability of the legal entity is already accepted in the Brazilian legal system, the Dual Imputation Theory still generates great debates, which are reflected in the various changes in understandings that are seen in higher court decisions. So, this work is composed of three chapters, the first one was dedicated to expose the main explanatory theories of the legal person, explaining the theory adopted by our order and particularities of the concept of guilt related to criminal responsibility of the collective entity; in the second chapter, the historical evolution of the criminal protection of the environment was presented, analyzing how the protection in the legislation was developed from the first constitutions until the Federal Constitution of 1988 and the promulgation of Law nº 9.605 / 98, the Law of Environmental Crimes; Finally, in the third chapter, the debate on the Theory of Dual Imputation is discussed, a debate fundamentally jurisprudential, although part of the doctrine has also dealt with this topic, but in a discreet way. Thus, one wonders: what has changed in the conception of the superior courts about the Dual Imputation Theory? This is what will be analyzed in the third and final chapter.
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    Reurb sob uma perspectiva de gênero: a segurança na posse de moradia como meio de prevenção à violência doméstica contra mulheres negras em Belém do Pará
    (Centro Universitário do Estado do Pará, 2019-06-19) Soares, Celyne da Fonseca; Fonseca, Luciana Costa da; Souza, Luanna Tomaz de; Lima, Luciana Albuquerque
    This work investigates the preference for regularization of possession for women brought by Law nº 13.465 / 17, the so-called "new Reurb Act", precisely in Article 10, XI, as an instrument for the prevention of domestic and family violence, 11,340 / 06. The problem raised is to know how the urban regularization of housing ownership located in the public area of Law 13.465 / 2017, contributes to the fight against domestic violence, as well as to the protection of the family nucleus, when privileging the title in the name of black woman? As a general objective, it seeks to analyze how this regularization that grants real rights in the name of women, ensures the fundamental right to adequate housing, contributing to the prevention of domestic violence against black women. The research has three specific objectives: a) to analyze the (in) visibility of women in the process of land grabbing in Brazilian space, correlating with the gender-racist inheritance of poverty that shapes contemporary reality; b) to study the legal content of the right to housing, c) to explain critically-analytical Domestic Violence: protection of women and the advent of Law 11.340 / 2006 (Maria da Penha), in order to bring to the preference in the titling of the possession of housing in the name of the woman as a form of prevention to the practice of domestic violence. The methodology used will be the qualitative one, based on the bibliographical research carried out mainly in the doctrine and on the internet, through the inductive method of a theoretical-juridical discussion, with case analysis of Belém and interview to Defenders members of GT-REURB and Housing Worthy. The research concluded that the poor, black women living on the outskirts of the city are more vulnerable and susceptible to violence in society, and when they own the property in their name, they have greater autonomy in the imposition of their rights, or the right to possession of the dwelling gives it greater autonomy / security to act, and will no longer submit to abusive relations, and may even, in the insurgency of such violence, send the aggressor out of the house without fear of a possible sharing of the house and consequently, expulsion from you and your children