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Navegando Dissertação por Orientador "Bastos, Elísio Augusto Velloso"
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Item A legitimação fundiária do imóvel público na REURB e sua discussão constitucional (ADI 5.883/STF): teorias socioeconômicas da posse em áreas devolutas e sua aplicação prática(Centro Universitário do Estado do Pará, 2022) Teixeira, Ricardo Santiago; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Dias, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188Brazil was colonized by the Portuguese using a Portuguese normative system, based on possessions for cultivation, demarcation, housing and payment of tributes. This is how the Brazilian land system was born, with possessions and their social, economic and labor functions, which is why all Brazilian lands are considered public in their origin. The present study seeks to analyze the possibility of applying urban land regularization, based on the REURB Law (no. emphasis on the prohibition of adverse possession of public lands and absence of compensation for the loss of land. By approaching the subject in a qualitative way, the objective is to better understand the new legal institute of land legitimacy and its constitutional discussion; with applied research, it is intended to find the best solution for land legitimation in public lands and with bibliographic research on doctrines, laws and jurisprudence, an analysis is carried out on themes of constitutional, civil and economic law, emphasized in the theories of the social function of possession and ownership. This analysis is necessary to confront the basic problem, given the constitutional prohibition of adverse possession of public lands, to address the general objectives regarding land legitimation in the REURB, as well as the specific objectives on the original acquisition of property, both public and private lands, and its allegedly affected constitutional confrontations. As it is a topic under constitutional discussion, with great possibilities of directly affecting any occupant of a consolidated informal urban nucleus, the research becomes relevant not only juridically but also socially and economically. In the end, it seeks to identify the extent to which unregistered public property, informally occupied by a private individual, fulfills its socioeconomic function, as well as whether land legitimation could solve this problem of regularization.Item As novas tecnologias de informação e comunicação e seus impactos na democracia contemporânea(Centro Universitário do Estado do Pará, 2021) Rodrigues, Cristina Pires Teixeira de Miranda; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Villas Boas, Regina Vera; http://lattes.cnpq.br/4695452665454054This study intends to make a critical reflection about the effects of new information and communication technologies on contemporary democracy. Within this universe of digital platforms and applications, the use of these tools in the latest electoral campaigns in some democratic countries has sparked interest in more closely analyzing the effects of new technologies on the democratic process, as well as on democratic institutions and the citizen. Can the democratic regime be favored or weakened by new information and communication technologies? Is it possible for citizens to fully exercise their citizenship through new technologies? The research now developed has a theoretical-descriptive character and qualitative bias, with a critical and reflective perspective. The deductive method, of historical-comparative procedure and the bibliographic research technique specialized in the researched subject are used. After the research, it was concluded that the new information and communication Technologies represent important advances for society, with benefits for both the citizen and for democratic institutions that can facilitate the dialogue between political agents, as well as giving back to the citizen not only control over public policies to be implemented according to the needs of the population, as well as responsibility for collective decisions to be taken for the full economic, political and social development of humanity. However, it must be borne in mind that digital tools are not the magic solution that can solve complex problems and the crisis that affects the democratic regime. For the positive effects of new technologies to be a reality in democratic societies and to be able to rescue the democratic values so worn out by the successive crises faced, it is essential that minimum conditions are implemented or at least debated by all civil society and political agents. Only after this debate, will the use of technological resources be able to favor democracy.Item O direito à saúde e a emenda constitucional nº 95 diante da regra da proporcionalidade(Centro Universitário do Estado do Pará, 2017) Alves, José Antônio de Oliveira; Bastos, Elísio Augusto VellosoThis dissertation approaches the rule of proportionality as an instrument to solve the specific conflict between Constitutional Amendment No. 95, which prevents the increase of expenditures, proposed by the Government to rebalance the public accounts and resume economic growth, and the constitutional right to health. Faced with the economic crisis, although the State is obliged to take some measures to overcome the problem, it is necessary to reflect whether such measures justify, for its execution, the production of some damage to fundamental rights, especially the right to health, due to its Importance in the constitutional context. For the management of the rule of proportionality, Aharon Barak's approach was chosen, needing a previous theoretical discussion of the theory of principles and the elements of proportionality, comparing his approach, especially to that of Robert Alexy, one of the foremost professors on the subject. To understand the background of the conflict, we discussed the meaning of the constitution and its objective to constitute a State of Social Welfare within a context of economic neoliberalism, symbolized by the Washington Consensus. When propperly applying the rule of proportionality, to solve the conflict, many economic elements were analyzed, based on research related to the theme, carried out by several authors both internationally and nationally. The conclusion drawn from the rule of proportionality, applied with the help of economic elements, was that constitutional amendment 95 is disproportionate, having, as a result of the study of tax multipliers, little possibility to fulfill the objectives assigned to it by the State, and under the social cost of producing great harm to the right to health. The conclusion also showed that there are other alternatives, such as the suspension and auditing of the Brazilian public debt and the regulation of the tax on large fortunes, which when compared with the constitutional amendment nº 95, have been shown to be more likely to achieve the intended state purposes to rebalance the public accounts and help the resumption of growth, and, at the same time, without damaging the constitutional right to health.Item O limite da desinformação(Centro Universitário do Estado do Pará, 2020-08-28) Kizan, Lucas Prado; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Bessa, Leonardo Roscoe; http://lattes.cnpq.br/8075469627278672; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576This research addresses the phenomenon of mass disinformation under social, technological and legal aspects. The process of formation and influence of (and in) public policies is presented, as well as the Brazilian internet governance. The national normative structure is managed to explain applications and uselessness of certain legal instruments existing in the battle against misinformation. The research is carried out based on bibliographic analysis, with the application of qualitative techniques, with the analysis of speeches, ideas, studies, articles, and other bibliographic materials. The hypothesis lies in the possibility of limiting the reache of opinions and thoughts on the network, as a way of balancing freedom of speach and the right to information. Solutions are presented in the form of an efficient action model to combat fake news.