Direito

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

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Navegando Direito por Orientador "Lima, Luciana Albuquerque"

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    O conflito entre o direito à moradia e o direito à propriedade privada: uma análise da jurisprudência do judiciário paraense
    (Centro Universitário do Estado do Pará, 2019-06-17) Nascimento, Juliana Leal da Costa; Lima, Luciana Albuquerque; http://lattes.cnpq.br/3927152172709201; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
    The present work of course conclusion seeks to investigate and analyze the jurisprudence of the Court of Justice of the State of Pará to investigate the decisions that involve conflicts related to the right to housing and the right to private property, both rights constitutionally protected, from a perspective human rights and fundamental guarantees, in order to assess any non-observance or violation of those rights. The paper also proposes to make a brief analysis of changes in legislation, customs and the relationship between society and the right to housing and property rights over the years. In order to reach such objectives, the work seeks to analyze constitutional and infraconstitutional legislation, with special attention to the mechanisms that deal with the social function of property.
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    Direito real de laje: análise sobre as suas implicações na proteção ao direito à moradia adequada
    (Centro Universitário do Estado do Pará, 2019-06-17) Lobato, Beatriz Yumi Sakai Dacier; Lima, Luciana Albuquerque; Faro, Liandro Moreira da Cunha
    This monograph deals with the emergence of the real right of slab, addressing its main characteristics and effects. The main objective is to analyze to what degree this new real right is a useful tool to impact the Brazilian housing deficit scenario, in order to realize the right to adequate housing. The objective is also to defend the autonomy of this real right, in order not to confuse it with the real right of surface. It intends to carry out a critical analysis on the treatment undertaken by the Brazilian public power in the formation of policies to realize the right to adequate housing.
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    A negação do direito à moradia aos núcleos urbanos informais: os despejos forçados à luz da jurisprudência do Tribunal de Justiça do Estado do Pará
    (Centro Universitário do Estado do Pará, 2019-06-03) Figueiredo, Renata de Cássia Brito; Lima, Luciana Albuquerque; http://lattes.cnpq.br/3927152172709201; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
    This paper aims to demonstrate how the right of housing, a social right recognized in the Constitution and in the Internacional Covenant on Economic, Social and Cultural Rights, is applied in the jurisprudence of the Court of justice on the State of Pará, when dealing with lawsuits that implicate on forced evictions of a amount group of pleople. It was a monograph, coming from a bibliographical research of description of the doctrinal and jurisprudential positions on the proposed subject. In order to fulfill its purpose, other sources of information were used, emphasizing books, scientific articles and national and international legislation. However, this paper pays more attention in the analyzes of the decisions on lawsuits cases in the paraense court of justice. In this investigation, was analysed how the right of housing is recognized in the national legislation, included in constitution by the constitucional amendment number 26/2000, and its international protectional, especially in the Internacional Covenant on Economic, Social, and Cultural Right, with its the General Comments numbers 04 and 07. In the same way, was analyzed what is an forced eviction, and how it is prima facie incompatible with human rights. Lastly, was analyzed some decisions of the Court of Justice of Pará, about forced eviction on an amout group of people, using the directions predicted on the general Comment number 07. As result, the conclusion was that the Court of Justice of Pará don’t use the directions found in the Covenant on Economic, Social, and Cultural Rights and in its General Comments nº 04 and 07.