Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional
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Navegando Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional por Orientador "Araújo, José Henrique Mouta de"
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Item Análise econômica da cobrança do crédito tributário(Centro Universitário do Estado do Pará, 2021-08) Oliveira, Fernando Peixoto Fragoso Fernandes de; Araújo, José Henrique Mouta de; http://lattes.cnpq.br/0717263241559819; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Oliveira, Paulo Mendes de; http://lattes.cnpq.br/9777739725204612This master's thesis proposes a study on the effectiveness of the ways of collecting the tax credit registered in active debt. It aims to develop viable modifications for the tax enforcement policy, that are cable to change the current scenario of slowness and ineffectiveness in the collection of tax credits constituted in active debt. For that, the method of Economic Analysis of Law was used, with emphasis on the application of Theory of Strategic Games, in order to format a sufficiently precise theoretical model, which, from the descriptive point of view, would allow the understanding of the phenomenon of slowness and ineffectiveness of the collection of tax credits registered in active debt and, from the normative point of view, it was sufficient to formulate prescriptions for alteration of the current legal regulation, in compliance with the legal limits imposed by the Brazilian legal system to state action, able to reduce the slowness and the ineffectiveness of collecting the tax credit registered in active debt.Item Atuação normativa: Supremo Tribunal Federal como legislador ocasional(Centro Universitário do Estado do Pará, 2019) Figueira, Márcio Alves; Araújo, José Henrique Mouta de; http://lattes.cnpq.br/0717263241559819; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Silva, Beclaute Oliveira; http://lattes.cnpq.br/2567266014708590The dissertation aims to comment on the normative performance of the Federal Supreme Court (STF), having as an examination outline the explanation of the substantial and procedural currents. In this point of view, the purpose of this document is to clarify the occurrence of the normative action of the STF from the perspective of the integrity of the law. It is worth clarifying, corresponding to the normative performance to the magistrate's procedure of legislating occasionally, using the policy standard and not the principles or rules. Thus, the general objective is to analyze the possibility of normative action by the STF, through an occasional legislation procedure, maximum when of the STF uses the policy standard as a decision parameter. The research was based on the hypothetical-deductive method in a bibliographic study with a qualitative approach. In these terms, integrity adds a paradigm of coherence, indicating not only to examine similar cases in the same way, but to identify the presence of a rational justification model for judicial decisions, based on a principled reading of the entire legal system. The repercussions regulate the imposition of a discernment about the decision parameter used by the STF when pronouncing its judgments. From this point of view, the judgment based on integrity as a decision parameter would outline a constructive interpretation of the law. On the other hand, the application of the policy's decision-making standard, portrays a significant constraint to the democratic regime, requiring an improvement of Democracy, in view of the mentioned distortion. The conclusion imposes a legislative change, through the Proposal of Constitutional Amendment, in a diametrically antagonistic sense to that determined by the STF, translating into the feasibility of the legislative reaction, then the holding of Mandatory Public Hearings, specifically when the STF employs policy arguments remodeled in arguments of principles, acting as occasional legislator.Item Fechamento das fronteiras nacionais para recebimento de refugiados: regular exercício da soberania nacional ou violação do dever de acolhimento humanitário?(Centro Universitário do Estado do Pará, 2021-02-24) Santos, Renan Azevedo; Araújo, José Henrique Mouta de; http://lattes.cnpq.br/0717263241559819; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Rocha, Luiz Alberto Gurjão Sampaio de Cavalcante; http://lattes.cnpq.br/7046508747408574Immigration in the form of refuge is directly linked to the theme of Human Rights. In the refuge, the individual's social, psychological, legal and professional losses are profoundly intense. Through humanitarian reception, the individual seeks in another nation conditions that are minimally worthy of areas, this displacement being the only alternative to escape from the successive human rights violations by the country of origin. For this reason, the theme of refuge and humanitarian reception is directly linked to the issue of Human Rights. The 1988 Federal Constitution, human dignity and national sovereignty as foundations of the Democratic Rule of Law, allowing foreigners to enter and remain in Brazil, but, at the same time, delegating to the Union the power to define the rules for the functioning of national borders. In recent years, the entry of refugees in Brazil has increased exponentially the demand for basic social services that the Government is obliged to provide, both for Brazilians and for refugees within the national territory. The question of this research is as follows: can the Federal Union, in the exercise of national sovereignty, close national borders against the entry of refugees with the justification of social and financial protection of Brazilian investors? This dissertation is part of the research line “Human Rights, Public Policies and Regional Development”, from the Graduate Program of the University Center of the State of Pará (CESUPA). To achieve this goal, the work is divided into three chapters. The first chapter consists of an analysis of the history involving Brazilian migration legislation. The second chapter brings conceptual questions related to the phenomenon of immigration, analyzing, next, the content and extension of the principle of human dignity in the 1988 Constitution, using the teachings of Jünger Habermas on the universal meaning of dignity, whose understanding is fundamental to understand the guarantees securitized by the refugee in Brazil. Finally, in the third and last chapter, the analysis of the legislation on Brazilian borders is made, in order to conclude whether or not it is constitutional to close them as a public policy to reduce socioeconomic problems generated by immigration. The research is exploratory and descriptive. The research used is national and international bibliography, as well as a concrete case study of ACO 3121, where the STF ruled on the theme.Item Interseções entre a recuperação judicial e os processos estruturais: uma análise entre as técnicas da Lei nº 11.101/2005 e o tratamento adequado de problemas estruturais(Centro Universitário do Estado do Pará, 2023-08-18) Costa, Victor Santos da; Araújo, José Henrique Mouta de; http://lattes.cnpq.br/0717263241559819; Góes, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769The main objective of this dissertation is to verify if the Judicial Reorganization Process fits within the concept of Structural Process, in order to, from this analysis, seek in the recovery procedure of Law 11.101/2005, the main difficulties that permeate the Structural Process today in the Brazil, in particular, the absence of specific legislation that regulates its rigorous instruments and techniques. In this sense, the problem that this work aims to answer is to what extent understanding Judicial Reorganization as a Structural Process can represent a bifrontal logic for these two institutes and what benefits this would bring in practice. In order to answer this problem, in the first section, a historical analysis of the Structural Process will be developed, in order to understand its origins, its concept, its characteristics and its procedure. In the second section, we intend to present the main assumptions around the Judicial Reorganization Process and the peculiarities of Law 11.101/2005, seeking to find out if there is a procedural microsystem of Judicial Reorganizations and Bankruptcies in that law. Then, proceed to verify the points of intersection between the Structural Processes and the Judicial Reorganization Process, in order to understand whether the procedure taken by Law 11.101/2005 could be an example of a Structural Process. Finally, in the last section, we seek to understand whether there is a bifrontal logic between the Structural Process and the Judicial Reorganization Process, that is, it will be verified how these institutes can contribute to the improvement of each other's solutions, and which techniques could be used, in practice, between the two procedures.Item O processo estrutural como meio de garantia do direito fundamental à educação inclusiva(Centro Universitário do Estado do Pará, 2021-01-18) Faria, Thanyele de Mesquita; Araújo, José Henrique Mouta de; http://lattes.cnpq.br/0717263241559819; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Guedes, Jefferson Carlos Carús; http://lattes.cnpq.br/6113644587152735The present research proposes to analyze the structural process as a means of guaranteeing the fundamental right to inclusive education, in view of the difficulty that Brazil has in implementing its own constitutional law, in the sense of effectiveness of education for all, with an appropriate teaching and without discrimination. And from the moment when educational issues are judicialized, configuring them as structural disputes, that is, when there is the collective, polycentric, multifaceted dimension of the specific case, the possibility of using a new procedural form, which is, the structural process, with the purpose of reformulating or restructuring a particular practice or system, with the objective of guarantee rights disrespected as yet. In this sense, this research aims to answer the following question: can the structural process be considered an instrument to guarantee social rights, such as inclusive education? If so, what is the best way? In that way, the general objective of this study is to analyze the peculiarities of the right to inclusive education, as well as the elementary points of the structural process, as a new landmark, which will break paradigms and be effective in terms of the protection of fundamental rights, being able to be used in social rights, of great regional and/or national repercussion, with the purpose of rethinking the process model we have today and guaranteeing greater dialogue and cooperation between all procedural and institutional actors. For that, a methodology of mainly bibliographic, documental and jurisprudential nature was used as methodology, being the research eminently theoretical.Item Processos estruturais como mecanismo de acesso à justiça e a direitos fundamentais(Centro Universitário do Estado do Pará, 2021-02-25) Canto, Camila de Paula Rangel; Araújo, José Henrique Mouta de; http://lattes.cnpq.br/0717263241559819; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Góes, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115The present essay aims to analyze the limitations of process’s and society’s institutes and traditional ideas and how these institutes are insufficient to build effective responses to the resolution of high complexity conflicts, considering that these limitations interfere directly in the effectiveness of the fundamental right to access to justice. To do that, this works will approach how the study of structural reform and its origins in the north-American doctrine could be a tool of construction of effective responses, implementation of public policies, fostering the participation of society and its multiple actors and interests. At last, specific institutes that are inadequate to the protection of fundamental rights and guarantees and proposals will be discussed to implement social, procedural and in separation of power’s transformations, in na effort to obtain procedural technique able to solve complex litigation.