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A dignidade da pessoa humana e a jurisprudência do Supremo Tribunal Federal: uma abordagem crítica à luz da teoria do direito como integridade de Ronald Dworkin
(Centro Universitário do Estado do Pará, 2015-06-30) Viana , Lorena Mesquita Silva; Dias, Jean Carlos; Klautau Filho, Paulo de Tarso; http://lattes.cnpq.br/8078710846499032; Pinheiro, Victor Sales; http://lattes.cnpq.br/0416222855469529
The concept of human dignity refers to a valuable and an indispensable content for the interpretation and structuring of legal reasoning. Nevertheless, there is a general disagreement about the meaning of this concept. Treated by the legal community in an extremely broad and abstract language, the term has been shown from different approaches about its object and extension. Often, legal practitioners have used the concept, especially in hard cases, from metric criteria and as a defense evidence to erase or to an arbitrary restriction of rights, serving to the most various purposes in the legal sphere. On this scenario, depending on the way we understand the law divergence, the nature of the dignity´s concept and the way of interpretation, there will be different consequences for the exercise of judicial functions and to the realization of rights. Thus, by being reduced, or perhaps zero, the amount of studies that question the nature of the divergence in the treatment of human dignity, as well as discuss the moral content of this concept in a broad and integrated perspective, this research is justified for the relevance to understand the normativity of human dignity and to propose a legal reconstruction of the concept, so that its interpretation and application are kept intact and consistent within the Brazilian legal scenario. In these terms and taking the reference of the theory of law as integrity by Ronald Dworkin, the discussion that guides the development of this research is conducted to recognize if the opposing arguments of each legal approach on the notion of dignity would be located on the grounds and the content of this concept, inserting the theoretical mode of divergence. Thus, also questions the interpretive nature of the concept, its role as an interpretive guide and conciliator of moral judgments and, facing the critical analysis of some decisions of the Supreme Court, the judicial approach of the concept of human dignity.
A eficiência econômica dos princípios do direito contratual brasileiro: uma abordagem crítica sob a ótica da análise econômica do direito
(Centro Universitário do Estado do Pará, 2019-03-12) Azevedo, Miguel Gomes de; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Leal, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902
The present study proposes to make a critical analysis about the doctrinal principles of Brazilian contractual law through the bases established by the Economic Analysis of Law - AED and the premises set forth by the AED Contractual, in order to discover if the principles and, consequently, the branch itself is economically efficient with regard to environmental protection. It is understood that the contractual right when coated with great efficiency can be seen as an instrument of more protection for the environment. That is, the central axis of the present research is the negative externality generated by the contracts, which reduces the economic surplus of the exchange, making it economically inefficient. To answer the questioning, the present study is divided into three chapters. At the outset, the basic foundations and concepts of AED, according to Richard Posner, are established: rationality, efficiency and value. Finishing with the clarification about the positive and normative conceptions of AED. The second chapter seeks to understand how the concepts presented in the first chapter apply to Contractual Law, being the so-called Economic Analysis of Contractual Law. Thus establishing market failures, which are factors that push the market away from maximum economic efficiency and in what way the Law can mitigate them, being itself a factor of economic efficiency. In this second chapter the understanding is exposed when the exchanges are economically efficient, that is, when they generate na economic surplus. It also demonstrates the conceptualization of negative externalities and how they affect this economic surplus. Finally, in the third and last chapter, a study is made of the contractual principles established by civilian doctrine in Brazil, so as to be able to analyze their respective economic functions and to conclude whether or not the branch under study with regard to externalities is efficient. It is, therefore, a study that aims to analyze the extent to which Brazilian contractual law is economically efficient through an investigation of its doctrinal principles and their relationship with market failures, especially when speaking of externalities. The methodology used is eminently theoretical and doctrinal using a national and international bibliographical survey, with the purpose of concluding the economic efficiency or inefficiency of the Brazilian contractual law with the axis in the contractual externalities.
A lei da alienação parental: aspectos controvertidos da aparente discricionariedade judicial no art. 5º à luz do debate Hart X Dworkin
(Centro Universitário do Estado do Pará, 2019-12-12) Queiroz, Carlos Márcio de Melo; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Matos, Saulo Monteiro Martinho de; http://lattes.cnpq.br/1755999011402142
The recognition of children and adolescents as subjects deserving special rights due to their condition of being in formation is a recent achievement in Brazil. Recognizing the disregard of their unique situation as persons in formation, it remains clear the violation of their rights, in particular, the fundamental right to healthy living with their family and parents even in the face of the occurrence of family dislocations, when, as a rule, a of parents proceeds to exercise predominantly parental powers over the offspring. This scenario of rupture of conjugality is not infrequently followed by a scenario of rupture of parenthood itself through acts of parental alienation. In order to understand this process, characteristic, doctrinal and legal aspects of such acts are analyzed. At first, the investigation turns to the conceptual evolution of parental alienation since the initial studies of Richard Gardner and also following the paths taken by the Brazilian legislation regarding the treatment given to children and adolescents from the doctrine of the risk situation until the doctrine of integral protection present in the constitutional body. Then, the shared custody will be defended as one of the guarantees of the maximum and healthy coexistence between parents and children, which came, in a historical legislative sequence, complemented by Law 12.318 / 2010, Parental Alienation Law. At the end, the perplexities arising from the apparent judicial discretion present in the interpretation of artigo 5 of Law No. 12.318 / 2010. These perplexities lead to question which interpretative matrices would point to a better answer for the application of the normative text by the magistrate, which implies the adoption of a theory for the interpretation of the law text. In the second moment, the research turns to the analysis of two theories that could be presented as an interpretative matrix for the perplexities found: Hart's renewed positivism and Ronald Dworkin's Law as Integrity. In this second moment, the analysis turns to ask how each of these theories is positioned to say what is the Law and from this position, determine how the vagueness or indetermination of the normative text should be resolved and, therefore, how It is possible for the judge from the interpretation, to integrate the legal text which, after all, is the purpose of the present investigation. With such tools, at the final moment of the work, it will be possible to face the indetermination of artigo 5 of the Parental Alienation Law and propose an interpretative matrix that best aligns with the Theory of Integral Protection of children and adolescents.
A tutela provisória de urgência ambiental: uma leitura a partir da análise econômica do direito (AED)
(Centro Universitário do Estado do Pará, 2023) Farache, Jacob Arnaldo Campos; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Silva, Arthur Laércio Homci da Costa; http://lattes.cnpq.br/5467964111383727
The Brazilian State, aligned with the world scenario, has been evolving normatively for environmental protection purposes. Following this line, the Law itself has been recognizing and expanding the scope of action of one of its most recent specialized branches: the environmental one. Analyzing this role of Environmental Law, it is observed that it has strong links with another social science: economics. They are branches of human knowledge that aim to regulate or analyze, depending on each one, precisely the economic appropriation of environmental goods, taking into account the sustainability of these resources and the economic and social development of society. This connection between these fields of human knowledge is precisely the scope of the present study. Indeed, it is not only Law that approaches Economics with the emergence of specialized branches, but it is also the latter that approaches the former with the expansion of a specific field of study: the Economic Analysis of Law (AED). In this sense, this research proposes the following problem for analysis: “Under the lens of the economic analysis of law, it is possible to mitigate the requirement of the danger of delay (“periculum in mora”) for granting provisional environmental protection as an instrument of protection to a balanced environment for present and future generations? In order to respond to the problem raised, the specific objectives are: a) To briefly present the institute of provisional guardianship, in order to subsequently verify how it can be applied in environmental demands, considering the nature of the right involved (diffuse ) and the principles governing this specialized branch of law; b) Present the Economic Analysis of Law (AED) and its tools as an instrument for an analysis of the practical consequences of preliminary injunctions issued in environmental claims; c) Evaluate the pragmatic approach to law, in particular, highlighting the role of a pragmatist judge in the contemporary risk society, based on the analysis of 4 (four) judgments of the Federal Supreme Court (STF) that involve environmental issues and the concession or not of provisional environmental protections. As a result, it is understood that the relationship between the AED and the civil procedure allows for a wide range of research, both because it is still a legal line of thought in the consolidation phase in the Brazilian territory and because a society that assumes more and more risks needs of a right that is guided by pragmatic judicial decisions able to analyze the behavior of its agents and, above all, to control conducts that are harmful to the entire community. In environmental law, this is even more relevant, since it covers the protection of an intergenerational right.
A eficiência como fundamento jurídico da decisão judicial e o estado de coisas inconstitucional: uma abordagem crítica à luz do debate de Ronald Dworkin e Richard Posner
(Centro Universitário do Estado do Pará, 2018) Leite, Geraldo Neves; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Brito Filho, José Claudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Timm, Luciano Benetti
This master’s thesis proposes a study on the role of efficiency within the Law. It aims to propose an investigation into efficiency as a legal standard to be followed by judges when making judicial decisions. The issue is relevant, as it seeks to describe and confront the problem of the crisis of efficiency of the jurisdictional provision, notably, when it comes to dealing with complex issues involving the realization of fundamental rights. The question of the use of efficiency as the basis of the judicial decision has been increasingly debated on the national scene. Although the Brazilian legal system is still strongly linked to legal positivism, there is a growing tendency for an interdisciplinary relationship between Law and Moral Philosophy, Economics, Politics and Sociology, to deal with complex judicial cases. Given this national situation, then, the question arises as to whether the efficiency of judicial decisions can be applied by investigating whether this traditional tool of economics has ethical and moral value and can therefore be considered a legal principle. The judge - and this is a concrete reality in Brazilian law - is increasingly called upon to make judicial control of public policies and, in this scenario, he has to position himself on the effectiveness of fundamental rights. It happens that the realization of these rights not only involves its fundamentality, but also the analysis of its cost, because we live - and our country, due to a strong political and economic crisis, is not far from it - in an environment of scarcity of resources. So the distribution of assets and resources also has to be evaluated by the judge, because at the moment of the judicial decision, he acts not only as controller of a public policy, but also as an occasional legislator and implementer of a substitutive public policy. In this context, he has to position himself on the distribution of assets and resources and the analysis of the efficiency of the decision, as has been pointed out, is important because the decision will generate reflexes not only for the parties to the process, but also for society.
Igualdade formal e segurança jurídica nas decisões judiciais em ações coletivas para fornecimento de medicamentos: um estudo de casos da Seção Judiciária Federal do Estado do Pará
(Centro Universitário do Estado do Pará, 2014-11-28) Pereira , Leonardo Fadul; Dias, Jean Carlos; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Silva, Beclaute Oliveira; http://lattes.cnpq.br/2567266014708590
The social rights are in the 1988 Constitution and they are fundamentally ensured by the positive provision and the relation to the constitutional value and objectives to attend the human dignity principle. Formal equality as a constitutional value must be the way to accomplish social rights by the Government. When individuals are of the same judicial position, they must avoid unequal treatment. Public health is a citizen right and it is necessary for a good life, which includes medicament treatment. It is essential for the human cure and recovery to be offered by the Government as a social right obligation. The present study attempts to demonstrate the unequal treatment between the individual and the collective in some judicials decisions in medicaments class action in the Federal Judiciary Section of the State of Para. The technical for this research were to study cases from this particularly Federal Justice that involved medicaments class action during the years of 2011 through 2014. The results brought that the judicials decisions researched partially violated the fundamental social right to remedy assistance. In conclusion, from the point of view of the judicials decisions balance, the social fundamental right to remedy assistance were partially respected when provided it to an individual, but not respected this right when did not provided it to the collective, according to the constitutional positive prescription about the fundamentals rights.
Judicialização de políticas públicas e análise econômica do direito: estudo acerca do impacto das decisões do judiciário paraense nos gastos orçamentários da Secretaria de Saúde Pública do estado do Pará
(Centro Universitário do Estado do Pará, 2019) Bernabé, Ellen do Socorro Barbosa Nogueira; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Nogueira, Rafael Fecury; http://lattes.cnpq.br/7341684103082113
This master's dissertation proposes a study about the impact of the decisions of the Paraense judiciary on the budget expenditures of the Public Health Secretariat of the State of Pará. It aims to analyze the decisions of the Paraense judiciary to implement public health policies and their impacts on spending. Pará State Department of Public Health, in the light of Richard Allen Posner's theory of economic analysis of law. The Right to Health is enshrined in the Constitution of the Federative Republic of Brazil as a fundamental right, being the right of all and the duty of the State. The problem is of great importance in the actual implementation of fundamental rights, not crediting the right to health programmatic character, but subjective law, therefore can be argued in court. In this sense, the emphasized question is how the decisions of judicialization of public health policies impact the budget of the Public Health Secretariat of the State of Pará, analyzing their consequences from the perspective of Posner's Economic Analysis of Law. To this end, the research is divided into three sections. Initially, we explored data from the State Department of Public Health of the State of Pará, then analyzed the judicialization of public health policies, and finally turned to the Economic Analysis of Law. Thus, we sought the concreteness of the data to analyze the facts.
O incidente de resolução de demandas repetitivas e a atuação das agências reguladoras: eficácia e impactos jurídicos
(Centro Universitário do Estado do Pará, 2023) Santos, Talita Danielle Fialho Messias dos; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Góes, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
This master's thesis proposes a study on the impact of the court decisions made in the context of an incident of resolution of repetitive demands (IRDR) on the regulatory agencies, according to § 2o, of art. 985, of the Civil Procedure Code. It is a practical research, with a qualitative approach, having as methodological procedures the bibliographical and documental review. Under the premises of the theory of law, the research had its foundations based on modern legal positivism, having as a theoretical reference the North American author Ronald Dworkin. Regarding the civil procedural aspect, the main authors that served as the basis for the research were Paulo Sarno Braga e Rafael Alexandria de Oliveira, Sofia Orberg Temer e Thomas da Rosa de Bustamante. This paper seeks an investigation into the normative force of judicial precedents, especially the IRDR, given the possibility of the incident projecting its effectiveness to regulatory agencies, according to § 2o of art. 985, of the Civil Procedure Code. The issue is relevant given that IRDR is still a novelty in the legal system, in addition to the fact that the legislator has left gaps in its regulation, raising doubts among law enforcers, with the need to unify the understanding on the subject. To facilitate this research, a case study was used (IRDR n. 0801251-63.2017.8.14.0000 of the Court of Justice of Pará, that questions the fairness of the collection of unregistered consumption of past period by Equatorial (formerly Celpa). Finally, it was found that judicial precedents have normativity, which, however, may vary in effectiveness depending on the type of precedent. In the specific case of the IRDR, although it has binding effectiveness within the Judiciary (horizontal and vertical), by express legal determination (art. 927, III, of the Civil Procedure Code), this effectiveness could not extend to regulatory agencies considering an analysis of law as integrity. Therefore, it is necessary to confer to § 2o of art. 985, of the Civil Procedure Code, an interpretation according to the Constitution and, by corollary, consider its effectiveness persuasive only.
O mercado de cannabis sativa e seus impactos na Amazônia paraense: análise das externalidades e dos parâmetros regulatórios sob a perspectiva da análise econômica do direito
(Centro Universitário do Estado do Pará, 2025-03-27) Silva, Beatriz Cavalcante da; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Resque, Rafaela Teixeira Sena Draibes; http://lattes.cnpq.br/1787469992107576; Gico Júnior, Ivo Teixeira; http://lattes.cnpq.br/4070906323347938
The Cannabis sativa market is a rapidly expanding reality, presenting a range of social, economic, and legal implications. In this context, the present study aims to analyze this market through the lens of Law and Economics, considering both its legal and illegal dimensions. To this end, a historical overview of the psychotropic use of Cannabis sativa will be reconstructed, focusing on its origins, the processes of criminalization, and decriminalization movements across the Americas. The geographical scope of the study includes countries in North America—Canada, Mexico, and the United States—and South America—Uruguay, Chile, Colombia, Argentina, Peru, and Brazil—based on the scientific classification of the substance recognized by the World Health Organization (WHO). The analysis then turns to the Brazilian context, examining current regulations, access, and usage, with particular attention to the legal debate surrounding adult use, notably the Extraordinary Appeal (RE) 635659 – Theme 506 of the Federal Supreme Court. Building on this foundation, a Law and Economics analysis of the legal and illegal Cannabis sativa markets in Brazil will be conducted, emphasizing the externalities produced. Key economic and regulatory concepts such as rationality, utility maximization, economic agents, incentives, efficiency, market failures, information asymmetry, regulation theory, the Coase theorem, and the Peltzman effect will be employed. A specific focus will be given to the Amazon region, particularly the state of Pará, in order to understand the potential impacts of legalization and the importance of developing appropriate regulatory standards. This study seeks to provide a scientific and interdisciplinary reflection on legalization, considering the unique socio-environmental characteristics of the Pará Amazon. The general objective is to identify the externalities of cannabis legalization and its possible impacts on the Pará Amazon, proposing regulatory parameters from the perspective of Law and Economics. The research adopts a qualitative and descriptive methodology, based on content analysis, legislation, jurisprudence, comparative law, and academic literature, with a thematic focus on regulatory implications.
O poder judiciário como indutor de políticas públicas de saúde
(Centro Universitário do Estado do Pará, 2017) Barros, Elaine Cristina Lopes; Dias, Jean Carlos; Brito Filho, José Claudio Monteiro de
This master’s thesis proposes a study about the Judiciary’s role in the creation, formation and implementation of public health policies. It demonstrates that the Public Power through public policies must guarantee the health to all citizens, and that, from the transforming role of the Judiciary, as part of a democratic-participatory State, if the State, by means of other Powers, refuses to provide this constitutional right, the population has the possibility to avail itself of the jurisdictional safeguards apt for the defense of the right to health for the realization of its Right, so that the means necessary for its dignity are guaranteed. In these terms, this Power has been led to adjust by means of decisions that oblige the Executive Power to attend to the litigant's claim, either by providing him with medicines or by offering the opportunity to perform exams, surgeries and treatments. It is known, however, that such participation runs against various interests resulting from the principle of separation of powers, from administrative discretion, as well as from obstacles to its implementation by economic and financial claims, as well as from non-recognition of individual ownership of this right, and these arguments are usually managed to prevent or reduce said participation. It is evident in the study that none of these arguments is sufficient to limit the interference of the Judiciary in matters related to the right to health, so that such participation becomes necessary for this fundamental right to be fully guaranteed, according to several decisions made by the Federal Court of Justice. It is also evident that, although recently this Court has recognized the general repercussion in two extraordinary appeals that deal with the supply of high-cost drugs not available in the Unified Health System (SUS) list and drugs not registered in the National Agency of (ANVISA), where the votes cast by Ministers Barroso and Fachin have put in check all this expansion of the limits of the Judiciary, which is exactly in the need of protection of fundamental rights, is believed in a final judgment capable of allowing, by means of the arguments set out here and the decisions made previously by the STF, that this extension is not deprecated, since the achievement of the individual as a human being is the first objective of the State, which is why it must be fully and effectively guaranteed. Considering that the aforementioned extension should not be unrestricted, given the limits imposed by the rules themselves and in order to avoid any abuse of power, criteria capable of guiding judgments handed down by magistrates will be demonstrated.
Poder judiciário trabalhista como uma exigência de justiça social à luz da teoria de John Rawls: uma abordagem a partir da realidade brasileira
(Centro Universitário do Estado do Pará, 2020-07-06) Pinheiro, Shirley da Costa; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Freitas, Sérgio Henriques Zandona; http://lattes.cnpq.br/2720114652322968
John Rawls' theory of justice as equity seeks to reconcile a theory of social justice with na institutional model. Based on this philosopher and given the conjectures surrounding the role and importance of the Labor Judiciary Power in Brazil, this research seeks to analyze whether this branch of the Judiciary constitutes a necessary institution in the basic structure of Brazilian society for the realization of social justice, in models of Rawlsian theory. Therefore, the research problem consists of investigating whether the Labor Judiciary Power constitutes a requirement of social justice before the Brazilian reality, in terms of John Rawls' theory of fair justice. For this, the work makes use of bibliographic and documentary research, through a qualitative approach and deductive method. First, Rawls' theory itself is examined, investigating whether it is dissociated from metaphysics and whether it can be applied in real societies. In the sequence, it focuses on the basic structure of the theory, with the investigation if the Judiciary is part of the basic institutions of the ideal theory and if Rawls elaborated na institutional design, in this basal structure, as an ideal of social justice. Then, an assessment is made of the legal scenario, national and international, in which the Labor Judiciary is inserted, with an examination of its current structure and the conditions of its installation. In the last part of the research, the Labor Judiciary Power is contextualized as a basic institution of Brazilian society, transporting Rawls' ideal theory to the Brazilian reality. Finally, it is concluded that the Labor Judiciary, with its judgments, constitutes an important institution for the realization of social justice, in face of the Brazilian reality, in terms of John Rawls' theory of justice as equity.
Reforma trabalhista e interpretação judicial: a teoria da justiça como equidade de Rawls e a teoria interpretativa do direito de Dworkin como ferramentas de atenuação do ativismo judicial trabalhista
(Centro Universitário do Estado do Pará, 2020) Mota, Saulo Marinho; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460
Labor judicial activism has been identified as one of the obstacles to the resumption of economic growth and job creation in Brazil. With the scope of trying to mitigate the effects of the referred phenomenon, the Labor Reform Law was edited, through which an attempt was made to introduce a profound change in the hermeneutic parameters of Labor Law, as denounced the alteration effected in article 8, paragraph 2, of the Consolidation Labor Laws. The solution adopted in the reform was to bring labor judicial interpretation to the canons of exclusive legal positivism. This work, starting from the demonstration of the mistake of the legislative option for exclusive legal positivism, proposes to evaluate whether the political theory of justice as equity of Rawls, in the field of political philosophy, and the interpretative concept of law conceived by Dworkin, in the legal theory, can constitute tools capable of offering a better response in the face of the negative effects of judicial discretion and activism. Therefore, after contextualizing the labor reform and pointing out the objective it intended, we seek to understand the terms of the change promoted in the hermeneutic area, both in a dogmatic sense and in the framework of the theory of law. Then, after describing exclusive legal positivism, the theory's only partial ability to help mitigate judicial activism is demonstrated. After this step, Rawls' political theory of justice and Dworkin's interpretive theory of law are explored to the extent that it is demonstrated that both, taken together, reconfigure, in more rational parameters, judicial activism and are consolidated as more adequate tools and capable of mitigating it when compared to the legislative option for exclusive legal positivism.
Selos distintivos na cadeia produtiva da pecuária: o direito à informação e a rastreabilidade da carne bovina no estado do Pará
(Centro Universitário do Estado do Pará, 2023-02-16) Torres, Lígia Ohashi; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Brandão, Juliana Lira da Silva e Cunha; http://lattes.cnpq.br/2942620289684800
Cattle ranching began in the Brazilian state of Pará in the context of a policy, favored by military regimes, of occupation of the Brazilian Amazon that was widespread into the 1980s. Beginning in the 1990s, faced with environmental problems linked to production chains and health crises tied to food production, a new business cycle arose that was marked by the search for environmentally and socially appropriate actions and by assurances of quality and proper sourcing of products. In this context, the application of ESG agenda to ranching, in addition to mitigating production process risks and aiding conformity with sustainability standards, could bring greater awareness to beef production. A central factor in this process consists of implementing transparency in the production chain, carrying out animal tracking, in order to ensure the legality of production. In 2002 in Brazil, a system of cattle tracing was started which, nevertheless, is mandatory only for animals destined for export. For the internal market, there is still a need to improve tracking systems in order for consumers to truly have complete, reliable information about the provenance of the beef they consume. Certification is one of the mechanisms that can serve this purpose and provide consumers with information about the production process. Distinguishing labels make it possible to certify both the quality and origin of products, giving value to producers and ensuring food safety. In light of this, the study proposes to analyze how distinguishing labels can be used as a mechanism to combat the lack of traceability in the beef production chain in Pará and violations of consumers’ right to information. The specific objectives are to present the history of the beef production chain in Brazil, especially in the case of the state of Pará, characterizing the current and future structure of the chain via application of ESG principles; to understand the use of distinguishing labels for agricultural products and their relation with traceability in the beef production chain; and, lastly, to demonstrate how a consumer’s right to information contributes to food safety. This study will use deductive reasoning, with bibliographic research and access to secondary data. It is hoped that this survey will contribute to a rise in the quality of beef in the state of Pará.
Teoria da regulação e controle externo: os tribunais de contas como agentes reguladores da administração pública brasileira
(Centro Universitário do Estado do Pará, 2018) Victer, Stephenson Oliveira; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460
The purpose of this dissertation is to demonstrate that the Audit Courts, as agents of execution of the External Control of the Brazilian Public Administration, actually exercise the regulatory activity of the entire Public Power. This is done in a similar way to those carried out by the Regulatory Agencies, as their role in our legal system is, but with a fundamental difference: whereas agencies usually act on specific sectors of the economy and public services exploited by individuals, the Audit Courts are the regulatory agents par excellence of the whole Public Administration. The theoretical substrate of the proposal – as well as applying to a legal system – comes from Economic Science, embodied in the formulation known as Theory of Regulation, and thus proves irrefutable the relevance of the movement called Economic Analysis of Law (EAL), on which a brief contextualization is made. The emphasis of the study is on the comparison of the characterization and powers conferred by the country order to the Regulatory Agencies and the Audit Courts, recognizing in these, even, advantages over those in the performance of their institutional attributions. On the other hand, the inherent risks of regulation and their implications in terms of the effectiveness of the activity itself are similar and are also approached with a proposed bias of shielding of said Courts. Finally, we bring to the debate some perspectives and proposals that aim to give greater effectiveness to the external control as a regulatory activity, which are obligatorily passed by a paradigm change of performance (instrumentalized by the EAL), by the free and totally unimpeded performance of the Public Prosecution Office of Accounts, by adjustments in the modeling of the Audit Courts and by the salutary symbiosis with the social control, in order to enhance the so-called notion of accountability.
O uso dos precedentes judiciais no brasil: uma análise crítica a partir da teoria do direito e da argumentação jurídica
(Centro Universitário do Estado do Pará, 2014) Lima Filho, Eduardo Neves; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460
Gradually, we see the closeness between the legal systems of common law tradition and the civil law tradition, a true fusion occurring between these traditions. In other words, increasingly we see continental law working with judicial precedents and common law allocating matters to be regulated by laws or codes. The Brazil, despite unquestionably being a country of civil law tradition, each day begins to give more importance to judicial precedents, however, apparently without concern for the consolidation of institutions and mechanisms underlying a theory of judicial precedent. In this context and based on the democratic rule of law and concern for the protection and enforcement of fundamental rights of the democratic state and the containment of state arbitrariness, especially the arbitrariness in the Judiciary, we will seek to answer the question of whether the incorporation of a theory of judicial precedents in the Brazilian legal system corresponds to mere procedural technique, which may or may not be present in the legal system, aiming, among others, to speed up the judicial or corresponds to democratic requirement in the rule of law and has significant role in the system legal, independently of legal theory adopted, considering that these always relate to a theory of legal argument, which is anchored to some degree on a theory of judicial precedent. To do this, this paper will be the bibliographic research, among which the analysis of the works of Ronald Dworkin and Neil MacCormick, especially with regard to their contributions to the development of legal arguments in the context of judicial precedent.

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