Trabalho de Conclusão de Curso - TCC
URI Permanente para esta coleçãohttps://repositorio.cesupa.br/handle/prefix/26
Navegar
Navegando Trabalho de Conclusão de Curso - TCC por Orientador "Faro, Liandro Moreira da Cunha"
Agora exibindo 1 - 9 de 9
- Resultados por página
- Opções de Ordenação
Item A responsabilidade civil e os mecanismos legais de proteção dos recursos hídricos nacionais(Centro Universitário do Estado do Pará, 2022) Silva, Carlos Eduardo Franco da; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660About 70% of our planet's surface is made up of water. However, water is a finite natural resource. The increase in industrial activity and the consequent population growth have caused the increase in consumption and water waste to reach very high levels. Thus, starting from an exploratory qualitative bibliographical research, the present study aims to present civil liability and the legal framework that protects water resources in Brazil. By giving a satisfactory conclusion to the problem that guided the efforts made in the research, the work proves to be relevant both for the academic and professional field and for society, since understanding the legislation that covers this theme is essential, after all, a new approach to water as a A strategic natural resource, no longer seen as an infinitely abundant commodity, has gained a significant profile. However, the conclusions obtained were that, unfortunately, the fight for the regulated use of the most valuable natural resource, unfortunately, is not seen with the necessary intensity. In addition to legal protection, society needs to have the proper awareness to make good use of.Item Desmatamento na Amazônia paraense: prática ilícita vinculada à atividade pecuária(Centro Universitário do Estado do Pará, 2022) Gomes, Mauricio Bispo; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660This Course Completion Work deals with deforestation in the Paraense Amazon: illicit practice linked to livestock activity and has the general objective to explain the main motivations for deforestation in the Paraense Amazon. The Paraense Amazon is a part of the Legal Amazon, whose land extension is approximately 1,245,000 Km2. The special occupation was greatly encouraged by the Military Regime (1964-1985) with donations of public land, who benefited from the donation had the mission to occupy fires, the latter to clear the residual debris. The study was developed, in the light of exploratory bibliographical research. In final considerations, it is emphasized that the advantages of livestock farming consist of boosting the economy of the municipality where it is present, generating direct and indirect employment, generating and contributing to an increase in the gross domestic product ( GDP) of the city, state and Brazil. The disadvantages of livestock are the deforestation of the forest and the environmental impacts due to its polluting effects; another disadvantage is that often, almost always, the development of the local population is not prioritized.Item Direito de posse de bem público dominical na zona rural e o princípio da função social da propriedade: uma ponderação de conflitos constitucionais acerca dos direitos fundamentais em face da posse de bem público dominical na zona rural e do princípio da função social da propriedade(Centro Universitário do Estado do Pará, 2019-06-17) Rocha, João Marcelo de Oliveira; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660; Lima, Luciana Albuquerque; http://lattes.cnpq.br/3927152172709201This study had as goal to analyze the right of ownership of private entities over Dominical Public Properties, focusing on rural properties. It’s a monography, created from a bibliographical research, as well as from the description of doctrinal positions about the proposed subject, and also, supporting on the Brazilian jurisprudence about the subject we proposed to expose. To fulfill such objective, some information sources were utilized, highlighting the books, scientific articles and judicial decisions, looking to comprehend, through multiple branches, the analyzed problem. On this research, the ownership of dominical properties and all the related concepts were analyzed, as well as the necessary conditions to get the permit to it. For such, firstly, we analyzed the concepts of Dominical Public Properties, focusing on the Vacant Lands, that, when considered unoccupied areas, are frequently target of rural possessory conflicts, presenting all the legal history of those properties and the conditions to obtain the ownership of private entities. On the same chapter, the research aimed to bring the concepts and theories related to ownership and public properties ownership. On a second moment, the research seeks to analyze the indispensable principles to the theme, such as the Principle of the Social Function of the Property and the Principle of the Supremacy of the Public Interest. Finally, on the final chapter, we demonstrated the practical implications of the analyzed theories throughout the research, exposing and analyzing jurisprudential decisions and the doctrinal positions on the problem.Item Holding familiar: uma alternativa vantajosa e eficaz no planejamento patrimonial e sucessório(Centro Universitário do Estado do Pará, 2022) Meira, Paulo Rúbio Hanna; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660The purpose of this article is the legal and doctrinal analysis of the creation of a family holding company as an advantageous and effective alternative for carrying out the act of succession in comparison with the inventory procedure, both judicial and extrajudicial. Therefore, it was explained that, initially, a legal entity is created and all the patrimony of the ascendant are paid in so that, in the end, their shares are donated to the heirs. In this way, a study was carried out on succession planning, in which it was concluded that through the anticipatory character of the premeditated succession, it is possible that there is a significant reduction in the tax burden related to the transmission of patrimony, in addition to the agility of the procedure of the referred transfer who will not have to go through the lengthy judiciary, and will avoid family disagreements which, unfortunately, is very common to happen. Also, the incidence of patrimonial shielding conferred through the institution of restrictive clauses was analyzed, whose scope is to guarantee that the donated patrimony can remain in the family sphere, avoiding, for example, judicial constraints. Finally, in view of all the analysis carried out, it can be concluded that the institute of the family holding company, in fact, proves to be an advantageous and effective alternative with regard to the act of succession.Item O direito e os animais não-humanos: o status jurídico como sujeitos de direitos no ordenamento jurídico brasileiro(Centro Universitário do Estado do Pará, 2022) Borges, Esther Benchaya Pinto; Matos, Pâmela Brasil Machado de Souza; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660This article aims to analyze the current position of non-human animals within the National Legal Order regarding the possibility of them being included in a new legal condition as Subjects of Rights, breaking with the civilist panorama that classifies the animals as things. In this way, we seek to clarify whether it is possible to confer the condition of subjects of rights to non-human animals. In the elaboration of the present study, theoretical research will be carried out through the inductive method, through specialized doctrine. The article is divided into three main points, consecutively, the autonomy of Animal Law in relation to Environmental Law, speciesism and anthropocentric and biocentric/ecocentric thoughts, and finally, what represents the legal personality to non-human animals. Thus, we will defend that sentient animals should be holders of rights and duties.Item O efeito ricochete no abandono afetivo paterno-filial(Centro Universitário do Estado do Pará, 2023) Rodrigues, Alex da Rocha; Souza, Júlio César Carvalho de; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660The relationship between parents and children is essential for the healthy development of the child, including the formation of secure bonds and emotional regulation. However, in some cases, parents may be emotionally absent, neglecting their emotional responsibilities towards their children. Paternal-child affective abandonment occurs when a parent fails to provide adequate emotional support, negatively affecting the child and its development. However, little is known about the "rebound effect" of this abandonment, which refers to the tendency for the negative emotional consequences to extend beyond the parent-child relationship, affecting other areas of the child's life. The general objective of this work was to expose how the damage caused in children, when they suffered the affective and material abandonment of their parents, can materialize a kind of ricochet effect in the face of their mothers. The methodology used in this work was the bibliographical one. It can be concluded that paternal-child affective abandonment is a serious phenomenon that can have profound implications in children's lives. The rebound effect amplifies these negative consequences, affecting not only the parent-child relationship, but also other spheres of the child's life.Item Terras indígenas e a tese do marco temporal: uma análise sócio-jurídica acerca do julgamento do RE 1017365/SC pelo Supremo Tribunal Federal(Centro Universitário do Estado do Pará, 2022) Alves, Vinícius Chaves; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660The present work is justified by the importance of the issue of indigenous people's rights to the lands they traditionally occupy and by the RE 1017365/SC trial by the Supreme Federal Court (STF), in which the general repercussion of this constitutional issue was recognized. Its research problem is the question of which thesis should prevail in the process of recognition and realization of indigenous territorial rights: the original rights thesis (indigenato) or the temporal march of occupation thesis (indigenous fact). The objective, therefore, is to contextualize the factors intrinsic to this fundamental discussion and, in a descriptive and critical analysis of the RE 1017365/SC trial, to give an opinion on what would be the best interpretation of the Constitution for that case and, considering the binding effect of the decision, for the rights of traditional peoples to indigenous lands. To achieve it, it was sought to make an anthropological contextualization on the subject, an analysis of the historical and current normative conjecture concerning the theme, a complete report on the judicialization of the litigation involving the Xokleng People and, finally, a critical analysis of the opposing theses, clarifying the reasons why one should be used and why the other should be rejected. Therefore, it was concluded that the best interpretation of art. 231 of the Constitution, in line with the vote of the Rapporteur of RE 1017365/STF, Minister Edson Fachin, is the reaffirmation of the original rights of indigenous peoples to indigenous lands.Item Territorialidade e identidade: os impactos de grandes empreendimentos aos povos indígenas frente à convenção 169 da OIT(Centro Universitário do Estado do Pará, 2022) Freitas , Caio Rodrigues; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660Indigenous peoples, since the beginning, mobilize in search of the guarantee of their main rights, among them the right to the territory. For this reason, the present work aims to demonstrate how large enterprises impact on indigenous peoples, considering the dictates of Convention 169 of the ILO. For that, it used the methodology of deductive research, based on qualitative and descriptive analysis, using bibliographical and documental research as technical procedures. From this, it is observed that the relationship between indigenous peoples and their lands occurs in a different way than imposed by the capitalist and European system, which represents a great challenge in view of the consolidation and guarantee of human rights of this group.Item Uma análise da herança em casos de indignidade no Brasil(Centro Universitário do Estado do Pará, 2020) Morgado, Marina Veloso Vinagre; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660This paper presents an analysis of the consequences of indignity's cases in inheritance under Brazilian law. The purpose was to discriminate to what extent the exclusion of succession for indignity causes the legitimacy of the Public Ministry to act in the active pole of the Ordinary Action of Indignity. For that, the deductive methodology was used, through the technique of bibliographic research, through the study of indoctrinators, having as main references Maria Helena Diniz, Pablo Stolze and Eduardo de Oliveira Leite who approach on the indignity and the legitimacy to exclude the heir of the succession. It was concluded that it is possible and necessary for the Public Prosecutor to act in the active pole of the Ordinary Action of Indignity insofar as the exclusion of succession for indignity gives legitimacy to that body to act as guarantor already in the legal order, designated to protect the democratic regime, social interests and, mainly, the right to life.