Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional

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Navegando Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional por Orientador "Brito Filho, José Claudio Monteiro de"

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    O direito à saúde e a distribuição de medicamentos na perspectiva da justiça distributiva
    (Centro Universitário do Estado do Pará, 2018-03-05) Daou, Heloisa Sami; Brito Filho, José Claudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Freitas, Juliana Rodrigues; Lamarão Neto, Homero
    The present study proposes an analyze about the Right to health and the distribution of medicines in the perspective of distributive justice, in order to answer the questioning of whether the State's action in guaranteeing the right to health and distribution of medicines can be considered fair. The right to health is included in the list of fundamental social rights in CRFB / 88. The Constitution recognizes it as the right of everyone and the duty of the State, emphasizing social and economic policies aimed at reducing the risk of disease and other diseases and universal and equal access to actions and services for their promotion, protection and recovery. It is in this sense that there must exist the Unified Health System (SUS): as the public policy chosen by the constituent to guarantee health to individuals and, among its actions, is the National Medicines Policy (PNM) and the National Policy of Pharmaceutical Assistance (PNAF), drug distribution policies. Therefore, the general objective of the research was to analyze the distribution of medicines that is made by SUS from the perspective of distributive justice. The research is divided into four chapters. Initially, we explored general concepts related to social rights, highlighting the fundamental aspect of these rights. Afterwards, the attribute of dignity of the human person, presented as the sole foundation for guaranteeing fundamental rights, was analyzed from the Kantian conception. Finally, the research turned to fundamental rights from CRFB / 88. In the second chapter, the study of the way to guarantee the right to health was emphasized, at which point the emphasis was placed on the understanding of the SUS as a public policy aimed at guaranteeing the right to health, PNM and PNAF, through which the individual has medicines. Then, in the third chapter, some of the restrictive conceptions of social rights were presented, and thus the full guarantee of the right to health, in order to reject such arguments. In the fourth and last chapter were presented the theoretical conceptions that best lend themselves to support the arguments defended here. The public policy of drug distribution was analyzed from the ideal of distributive justice pursued by John Rawls's egalitarian liberalism, with the possibility of complementation in Amartya Sen's theory of equality of abilities. These theories together offer a sufficient theoretical underpinnings to the defense that it is the duty of the State to grant the access to essential medicines for all people from their own individual needs, thereby ensuring the full realization of the right to health. The research used as methodology, mainly, the bibliographical survey, being the study eminently theoretical.
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    Política pública de educação para adolescentes infratores do estado do Pará e a realização do projeto de vida
    (Centro Universitário do Estado do Pará, 2017) Silva, Gláucia Kelly Cuesta da; Brito Filho, José Claudio Monteiro de
    The present study analyzes whether the public education policies aimed at professionalization aimed at adolescents who are responsible for infractions in the State of Pará, who comply with the socio-international measure, contribute to the achievement of their life project. To do so, it was necessary to tackle the problem from four thematic axes: education, understood as a means of emancipation and transformation of the human being; Socio-educational measure as a response of the public power to the transgression of the law; Existing public education policy for the recovery of socio-descendants and their reintegration into social life; And, finally, the project of life, determined in childhood and adolescence. Likewise, the information obtained from the socio-educators of the Centro Socioeducativo Feminino do Pará (CESEF) was used to establish the relationship between the vocational training received at the hospitalization unit and their life plans for post-compliance with the socio-educational measure. In order to achieve this goal, an initial analysis was made of the protection granted to the adolescent offender under the Brazilian legal system, with special emphasis on the socio-educational measure of hospitalization, given the empirical research conducted at CESEF. Secondly, education was analyzed as a mechanism of transformation and emancipation of the human being, in the light of Rawls's theory of equity, as a guarantee of the reach of the project of life and indispensable for the achievement of the objectives of socio-educational measures. From these subsidies, the analysis of the public policies of education for adolescent perpetrators of infractions of the state of Pará that carry out socio-educational measure of hospitalization, being emphasized the education with professional aims. In sequence, an analysis was made around the project of life and the way it gained importance in the study of law as a human good. Finally, it was sought to establish whether the provided professional education allows or not the achievement of the life project of these adolescents, leading to personal and professional achievement.