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

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O direito ao esquecimento enquanto direito fundamental e sua aplicação no ambiente virtual
(Centro Universitário do Estado do Pará, 2019-06-18) Carvalho, Caio Matheus de Santana; Freitas, Juliana Rodrigues; Bastos, Elísio Augusto Velloso
The present study have as goal analyze the form which the Right to be Forget has developed inside the doctrine, as well as show how your application was formulated in the digital environment, and how the idea of informal self-determination could help to minimize the inherent risks of the internet, and provide a major data control by individuals. Therefore, will be analyzed the jurisprudence, in particular, the google spain case; and the normative devices related. The relevance of this academic research is to foment the academic debate about the Right to Be Forget in digital environment, owing to it’s aplication has already been recognized by the superior courts, however, in face of legislative omission, there are no discretion for it’s application.
Do distrito ao município: análise dos processos de emancipação distrital no Brasil após E.C. Nº 15/1996 com enfoque nos distritos emancipados do Estado do Pará
(Centro Universitário do Estado do Pará, 2019-06-24) Peper, Fernanda Fabiana Pereira; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Sá Junior, Adalberto Fernandes; http://lattes.cnpq.br/6130514234799965
This work consists of na analysis of the creation of municipalities, since the emancipation of the districts in the Estado do Pará, after the promulgation of Constitutional Amendment no. 15/96, which changed the wording of article 18, paragraph 4 of the Federal Constitution, which on the aforementioned municipal changes, and the ir a requirement for a Federal Complementary Law the regulates the period in which such changes may occur and othe basic criteria. However, ater mora than 20 years this law was never enacted, preventing the creation of new brazilian municipalities ever since. The objective is to demonstrate the need to issue the aforementioned Federal Complementary Law. The data collection carried out in the suspended processes of emancipating districts of the Estado do Pará, at ALEPA, was used as a subsidy for the presente study, with the Administrative Division Committee. The result has been that normative abscence brings legal disorder, since if gloods the Federal Supreme Court of Direct Unconstitutionality Actions, since districts created after 1996 are unconstitutional, and a socioeconomic disorder since districts with development potential can not evolve at the level of internal public law, beyond the systemic-constitutional gap.
Uma reflexão sobre o uso das medidas provisórias pelos presidentes brasileiros após a Constituição de 1988 seus riscos à separação dos poderes
(Centro Universitário do Estado do Pará, 2019-06-24) Diniz, Gabrielly Cardoso; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Sá Junior, Adalberto Fernandes; http://lattes.cnpq.br/6130514234799965
The recurrent violation of the basic rights of the citizen in a context of great institutional insecurity and high concentrations of power, where the people lived susceptible to the arbitrariness of the sovereign, who gathered all the power in himself, did with the development of, over the centuries, which today is called the Principle of the Separation of the Functions of the State. This principle, along with the system of checks and balances, favors a division in functions of the Executive, Legislative and Judiciary, in which one cannot overlap with the other, but will be in constant collaboration and vigilance, in order to avoid the excesses of power. This academic work proposes to search for the number of Provisional Measures published and converted into law from 1995 to 2018, seeking to understand the interference of the Executive over the Legislative and to verify if there is an imbalance in the exercise of State functions and what their possible consequences. For that, a bibliographical, documentary and theoretical research was carried out through a deductive method, and as a technique, textual and interpretative analysis.
O whistleblowing como instrumento de combate à corrupção: uma análise à luz dos princípios do regime democrático
(Centro Universitário do Estado do Pará, 2018-06-26) Souza, Luiza Pessoa Oliveira de; Freitas, Juliana Rodrigues; Oliveira, Adriano Carvalho
The following essay has the goal of demostrating how whistleblowing functions as an instrument to combat corruption in the light of the principles of Democracy, especially considering the importance of popular participation in State’s political issues. For this purpose, the concept and modus operandi of whistleblowing will be analysed, with an approach to american, british and french whistleblowing laws. Likewise, similar Brazilian legal mechanisms will be analysed, such as awarded collaboration and popular lawsuit. In addition, it will be fundamental to contextualize popular participation in State’s democracy, employing democratic literature as groundwork. Furthermore, it will be given a special approach to right to development, since corruption is a kind of violation of this right, whose promotion in a broad range is a positive consequence of democracy. Moreover, the essay will briefly introduce the bill n. 4.850/2016, based on a Brazil’s Federal Public Prosecutor’s Office’s project named « Ten Measures Against Corruption », which features traces of whistleblowing. Therefore, the present research is important inasmuch as it points out an instrument of combat against corruption in the light of democracy, given it is still a little-known mechanism in Brazil that could be introduced in its legal system, since whistleblowing is indeed an instrument that attends democratic process requirements, considering factors such as popular participation and right to development.

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