Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional

URI Permanente desta comunidadehttps://repositorio.cesupa.br/handle/prefix/9

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A concessão de crédito bancário e o desenvolvimento regional socioambiental: uma análise sobre a aplicação do Pronaf na Amazônia (2014 a 2017) e os efeitos da PRSA
(Centro Universitário do Estado do Pará, 2020) Amador, Joseane do Socorro de Sousa; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Mattos Neto, Antonio José de; http://lattes.cnpq.br/4719479439779242
Public Policies for economic development in the Amazon need to be compatible with environmental protection norms aiming not only at preserving a healthy environment but also at preserving jobs and income in the region. The research has the problem of investigating the extent to which PRSA may have contributed to the reduction of FNO contracts in the Legal Amazon, in the PRONAF financing line, in the period from 2014 to 2017. The general objective of the study is to contribute to the affirmation of the policy granting credit in the Amazon and delimits three specific objectives: 1) to analyze the participation of the government in the banking sector as a tool of public policy and development; 2) to analyze the data that prove the reduction of the investment of resources in the PRONAF credit line (2014/2017) and the types of risk for the granting of credit in the banking sector and 3) to analyze the impact of PRSA in the granting of credit in the Amazon through PRONAF. It adopts the deductive approach method, together with the monographic procedure method and the indirect documentation research technique. It concludes that when it was instituted by Resolution No. 4,327 / 2014, PRSA was implemented by financial institutions through environmental risk, which generated a decrease in PRONAF applications in the Legal Amazon. Thus, the application of PRSA can be considered as an event that contributed to the reduction of applications of federal PRONAF resources, without, however, eliminating other elements, factors and political, economic and social reasons that, equally, may have contributed to the reduction in the application of these resources. It is also concluded that it is necessary that the Financial Institutions that work with the application of Federal resources for the regional development assume the commitment to protect the environment, while fulfilling their primary function of granting credit to develop the regions covered by the Funds Constitutional.
A integração dos sistemas de gestão do espaço territorial rural como política pública de desenvolvimento sustentável
(Centro Universitário do Estado do Pará, 2020-09-27) Santos, Kátia Borges dos; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Treccani, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535
The study aims to highlight the integrated management of rural territorial space as a public policy necessary for sustainable development based on the analysis of rural territorial management instruments used in the country. The approach seeks to assess the extent to which the lack of integration of information systems in rural territorial planning compromises development and what are the possible alternatives for integration. The research involves three specific objectives. The first specific objective was to identify the premises that determine a public policy aimed at territorial governance and what implications these have for the country's sustainable development. The second specific objective is to identify and map the territorial management instruments in force in Brazilian legislation, in their environmental, land and registry aspects. Finally, the third specific objective presents a suggestion for the integration of the identified systems and correlates information of an environmental and social nature that do not yet have control and access to civil society. As for the methodology used, it is an exploratory and descriptive research, gathering information about the systems used and their related legislation. For the discussion of the theme, the approach is qualitative and based on bibliographical and documental sources. It was concluded that the absence of an integrated territorial management system affects the construction of adequate long-term planning of rural territorial planning and that the various systems used in the country, in their cadastral, land, environmental, fiscal and registry aspects, need unification and intelligible tools for interoperability insofar as its use as a management tool favors coordinated actions aimed at achieving sustainable development in the country. And finally, as an alternative, a rural territorial management model suited to the Brazilian reality is necessary as an alternative for democratic management and planning.
A parceria entre empresa e comunidade tradicional no plano de manejo comunitário e familiar sustentável no estado do Pará
(Centro Universitário do Estado do Pará, 2019) Ribeiro, Ana Carolina Farias; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Benatti, José Héder; http://lattes.cnpq.br/0592012548046002
The balance between economic exploitation and the conservation of forest resources is the great challenge of the Amazon Region today and, specifically, the State of Pará, to achieve sustainable development. The forest management plan and the community and Family management plan are instruments intended for the rational exploitation of forest resources, the former is subject to private initiative and the latter is traditional peoples and communities. However, in practice both have difficulties in implementation, either during the elaboration of forest management or in the direct execution by traditional communities in community management. What happens is that, because of these difficulties, companies seek to establish partnerships with communities, in order to achieve a better implementation of these policies, where such partnerships are signed through contracts, and in practice do not have the proper regulation, so we can find favorable and unfavorable situations for traditional peoples. The methodology of the work is applied, it was used bibliographic research and interviews at the Quilombo do Gurupá Remnants Association. The conclusion is that regulation is important to establish how contracts should be in the case of partnerships, so as to protect both parties and adopt conditions, where forms of empowerment of these communities are observed, encouraging their traditional mode of exploitation, thus contribute to sustainable development.
A precificação dos serviços ecossistêmicos e o pagamento por serviços ambientais
(Centro Universitário do Estado do Pará, 2014) Ribeiro , Maria Leopoldina Coutinho da Silva; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Benatti, José Heder; http://lattes.cnpq.br/0592012548046002
This dissertation aims to study the pricing of ecosystem services as a means of enabling a system of payment for environmental services, considering the assumption that environmental services have quantifiable economic value. Public policies of command and control have not been able to solve the environmental problems alone satisfactorily, requiring a combination of other strategies such as the economic instrument payment for environmental services. Considering the peculiarities of Brazilian society it was realized that, despite the importance of imposition instruments in the environmental field, the ability to provide other means of which men can serve to pursue sustainable development is mandatory. Payment for environmental services – a market instrument - seeks to encourage those who maintain an environmental service. It has already been used in some countries that have adopted this economic instrument in order to improve, restore or preserve environmental services including Costa Rica, New York and Mexico, whose experience was analyzed in this study. It presents relevant definitions of environmental services and the main species of these services where most of the payments for environmental services are included. It also examines the central ideas of the principles that relate mostly to the payment for environmental services: the user-compensator principle, the polluter-compensator principle and protector-incentive guided principle. It was, similarly, discussed the Bi o. a its additions to establishing a National Environmental Services Policy.
Barragens de mineração no estado do Pará: direito à informação e a participação como instrumentos de prevenção de danos socioambientais
(Centro Universitário do Estado do Pará, 2019) Miralha, Carolina Medeiros; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Benatti, José Héder; http://lattes.cnpq.br/0592012548046002
This paper aims to analyze how the control and monitoring instruments of mining dams in the State of Pará provide information and participation for effective prevention of social and environmental damage. Thus, the general objective of the work is to contribute to the affirmation of the control and monitoring instruments of mining dams, aiming at the prevention of social and environmental damage in the State of Pará. The research involves three specific objectives. The first was to verify how information and participation can be considered as instruments of prevention of social and environmental damage in the risk society and in the Democratic State. To develop this analysis the research investigates the legal content of the principle of information, participation and prevention, essential for the exercise of participatory democracy in the risk society. The second objective was to analyze the legal system of control and monitoring of mining dams in Brazil and how they are defined in environmental licensing. The third objective was to analyze the control and monitoring mechanisms of mining dams in the state of Pará, identifying each one of them and how the control and monitoring instruments of mining dams in the state of Pará provide information and participation for effective prevention of social and environmental damage. The methodology used is applied, and to meet the proposed objectives is a qualitative and descriptive research, based on bibliographic and documentary sources, whose main challenge was the collection of data on quantity, characteristics and application of instruments of mining dams in the State of Pará. It was concluded that the principles of participation and information are necessary tools in the prevention of social and environmental damage and contribute to an effective system of control and monitoring of mining dams, it also lays the foundation for participatory democracy. The social relevance of the theme to the State of Pará is notorious, as the second state of the federation with the largest number of mining dams in its territory, for being a producer of various ores.
Direito à moradia adequada na cidade na floresta: análise da geografia do capitalismo em Barcarena/PA
(Centro Universitário do Estado do Pará, 2018-12-12) Pereira, Carla Maria Peixoto; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Yoshida, Consuelo Yatsuda Moromizato; http://lattes.cnpq.br/6376624087344424
This research intends to analyze the right to adequate housing in the Amazonian business city, in order to answer to the questioning of how the approach of the city as a business affects the right to adequate housing in the city in the forest. Therefore, the main goal of this research was to provide a diagnosis of the reach of the right to adequate housing by the local population of the city of Barcarena/PA, per an unusual analysis of the concretion of this right, that exceeds the State’s obligation to provide houses through public policies and demands that it considers this right in all its actions and decisions, especially in the ones that it acts as the capital coordinator in the territory. In this context, this research has four specific goals. The first specific goal was to identify the construction on the legal content of the right to adequate housing. The second specific goal of this research was to situate the right to adequate housing in the globalized risk society context, whose production of space is capitalist, which interferes in the way the city is seen. The third specific goal presented the reaction to the city as business approach, through the discussion of the right to the city and the exam of how the capitalist production of space happens. Lastly, the fourth specific goal of this research was to analyze how the approach of city as business affects the right to adequate housing in the city in the forest and to exam the access to adequate housing around the industrial district of Barcarena/PA, so the research problem is answered. The methodology employed is, in nature, applied. As for the objectives, it is an exploratory and descriptive research, raising information to evidence facts and phenomena of the reality of the territory under analysis. For the discussion of the theme, the approach is qualitative and based on bibliographical and documentary sources. It was concluded that the production of space in the city of Barcarena/PA is capitalist and that this is space is commodified, what directly affects the concretion of the right to adequate housing.
Entraves jurídicos à regularização fundiária individual no estado do Pará: legislação fundiária paraense
(Centro Universitário do Estado do Pará, 2017) Azevedo, Flávio Ricardo Albuquerque; Fonseca, Luciana Costa da
This work presents initially the conjunction of the theories of Ignacy Sachs and Amartya Sen, which resulted in three basic meanings for achieving economic, social and environmental development. Demonstrating that the investment in public policies of land regularization, in mainly agrarian regions, such as in the State of Pará, contributes to development. After presenting the theoretical source that underlies the present research, it aims to identify and present solutions to the main legal obstacles to individual land regularization in the State of Pará, because, once faced, land regularization can be carried out, thus contributing to the development. For purposes of a didactic analysis, the legal barriers were divided into interpretative, administrative and jurisdictional, and legislative. Being the first focused on the decisions made in the administrative processes that are processed within the legal framework of the Land Institute of Pará (ITERPA); As well as for decisions rendered in the Judiciary of Paraense, mainly by agrarian sticks. In both cases, instead of helping to alleviate the chaos of Pará land, they are based on extremely positivist and conservative reasons, causing more obstacles. Regarding the legislative obstacles, this is related to the omissions in the regulations of procedures, carried out by the main actors involved in the management of land regularization, both in the executive and legislative spheres. For all the obstacles, opinions were expressed on the juridical path to be followed (always with understandings for land regularization) in order to achieve its purpose - development of the State of Pará.
Litigância climática e desmatamento na Amazônia
(Centro Universitário do Estado do Pará, 2023-03-16) Carvalho, Emerson Benjamim Pereira de; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Benatti, José Heder; http://lattes.cnpq.br/6884704999022918; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356
This master's thesis proposes a study regarding the reasoning behind the decisions of the Federal Supreme Court and the Superior Court of Justice, issued in civil proceedings, related to litigation about deforestation in the Amazon, in order to find out what are the parameters and criteria adopted by them Courts to identify and judge these conflicts, examining whether they have an argument from the point of view of anthropogenic climate change. The issue is relevant, as the STF and STJ are the country's courts in charge, respectively, of interpreting the Federal Constitution at the highest level of jurisdiction and standardizing the exegesis of federal legislation; the themes of degradation of the Amazon Forest, the greenhouse effect, global warming and anthropogenic changes in the climate are of concern to the entire world, in view of the risks to climate integrity and species survival; and because deforestation in the Amazon is the factor that most contributes to the emission of greenhouse gases in Brazil and consequent national global warming. The objective of the investigation is to know if the STF and the STJ perceive these conflicts as a climate dispute and what are the legal arguments that make up the reasoning of the decisions. The methodology used made use of the deductive method, a qualitative approach for the discussion of the subject, based on a bibliographical review with the obtaining of doctrine in scientific articles, books, analysis of data and documents, legislation, jurisprudence and research on the websites of the STF and STJ. The research revealed that most of the decisions of the STF and STJ do not bring a climate justification, as they do not address whether or not the judged conflict is a climate dispute and, when they are faced with a case of climate change, they do not mention whether it is of the direct or indirect type and do not discuss the legal climate regime. Therefore, it is important that the STF and the STJ judge these disputes, using a climate basis, given the obligations to justify judicial decisions, to act in enviromental education and to act in public awareness for the preservation of the environment, to play a prominent role in climate governance, to provide effective and efficient judicial protection, to act in a qualified manner in the climate emergency and protection of the Amazon Forest, enabling the continuity of all forms of life on planet Earth.
O princípio da cooperação e a responsabilidade dos entes da federação sobre a gestão de resíduos sólidos: análise da região metropolitana de Belém-PA
(Centro Universitário do Estado do Pará, 2017) Cardoso, Adriana Luna; Fonseca, Luciana Costa da; Dias, Jean Carlos; Oliveira, Maria Cristina César de
In the face of industrialization process, mass production and consumption were obtained, generating, consequently, an increase in the volume of solid waste. What causes environmental impacts to the planet. With the advent of the National Policy on Solid Waste nº 12.305/2010, there was an important gap in the Brazilian environmental legislation. But, the proper management of solid waste is a great challenge that needs to work together between the different spheres of public power, the business sector and the community, according to the principle of cooperation. The purpose of this dissertation is to investigate the criteria of competence distribution and the responsibility of the federation entities, in the hypothesis of the creation of Metropolitan Regions, in view of the principle of cooperation. It analyzes the controversy around the distribution of competences for the provision of basic sanitation services, and in particular, solid waste disposal by agglomerated municipalities, and compliance with the principle of cooperation among the entities of the federation for shared participation aiming at Management of solid waste. The research uses the experience of the metropolitan region of Belém to apply the theoretical analysis and concludes that the responsibility is shared among the actors involved, but it does not prevent the individualization of objective civil liability to agents that perform behaviors harmful to the environment.

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