Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional

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Navegando Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional por Orientador "Fonseca, Luciana Costa da"

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    Água: um direito humano fundamental multidimensional
    (Centro Universitário do Estado do Pará, 2014) Dias, Felipe da Silva; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Brito Filho, José Claudio Monteiro de; http://lattes.cnpq.br/7823839335142794
    The genesis of this study is to support the dimension of essentiality of the recognition of water as a multidimensional fundamental human right. To support this understanding, it was initially presented supported by the national and foreign doctrine, an analysis of existence and/or immersion of planet Earth in a severe environmental crisis, which, among other consequences, also caused a water crisis, imposing to mankind the great challenge of overcoming the lack of accessibility to water for human consumption, considering the indispensability of this good to life in general, also asserting the importance of law as an instrument of control. Then, it is demonstrated by the example of the right to an ecologically balanced environment as a recognized fundamental human right, the possibility and plausibility of supportingbased on the constitutional clause opening, likewise, the existence of a fundamental right to water, emphasizing, however, the theoretical weakness of this defense from the perspective of legal positivism. Moreover, adds the theory of legal principles as developed by Ronald Dworkin, in order to demonstrate that the fundamental human right to water must be understood and treated as a legal principle and not just a legal rule, highlighting the differences in complexity and applicability of these distinct legal standards. Later, based on the theory of fundamental rights as formulated by Robert Alexy, highlighting the theoretical possibility of establishment, to depend on the practical case, the precedence relationship between the various existent fundamental rights, whether in the form of principles or rules. Lastly, is presented, based on global and regional data, the strict connection between the fundamental human right to water and others concretely recognized important fundamental rights, to support the precedence relationship of the undamentality of water for the realization of otherfundamental rights, helping to demonstrate the relevance of the recognition and realization of the fundamental human right to water.
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    O Cadastro Ambiental Rural (CAR) como instrumento de informação e monitoramento da reserva legal no estado do Pará
    (Centro Universitário do Estado do Pará, 2015) Silva, Danielle Fonseca; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137
    The right to an ecologically balanced environment has as a plaintiff the community and also to the Government, in which both must promote their protection through public policy and environmental awareness, that would be exercised through the free access to environmental information that would ensure participation popular in state decision-making processes. In this sense, this research sought to contribute towards the defense of the access to the right to an environmental information through the Rural Environmental Registry (RER) and the Legal Reserve in the context of the current Forest Code scenario in the State of Pará, with analysis of the legal relation between these and information systems, to attend the right to environmental information. For this, was held bibliographic research about the construction of environmental information as a principle and located in the Brazilian legislative scenario. Analyzed the new treatment of the legal reserve by the current Forest Code and its representation in the State of Pará and was evidenced the discussion about the legal exemption of its registration in the Register of Deeds when performing the RER. Has been found that the legal reserve is the subject of two environmental information systems, as RER and the Register of Deeds, where both have environmental feature and can live together harmonically to fulfill the right to environmental information. It was also discussed that there are two information systems that composed the RER, the Rural Environmental Registry System - RERS, nationwide, and the Integrated System of Environmental Monitoring and Licensing - SEML, use at Pará, where it's observed that the RERS is a closed system for the access to environmental information by society, not allowing the query without restrictions, unlike SEML, which meet with the necessity of environmental regulations at the State of Pará and also the free exercise of the right to access to environmental information and, consequently, the right to an ecologically balanced environment.