Dissertação

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A democracia de Enrique Dussel como fundamento para efetivação do novo constitucionalismo da América Latina: a análise dos dispositivos constitucionais do conselho de participação e cidadania do Equador, da plurinacionalidade e da jurisdição boliviana
(Centro Universitário do Estado do Pará, 2021-02-23) Ferreira, Gabriela Brito; Pinheiro, Victor Sales; http://lattes.cnpq.br/0416222855469529; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Taxi, Ricardo Araújo Dib; http://lattes.cnpq.br/2208519070757294
This dissertation aims to understand decolonial thinking, using it as a source for the emergence of the practice of New Constitutionalism in Latin America, demonstrating a paradigm transition and the importance of thinking the existing models from new perspectives. In this context, the new Latin American Constitutional model is presented and detailed, as well as its challenges, which imply the argument of a certain popular participation devices ineffectiveness and focuses on these countries' plurinationality. Thus, the dissertation starts from the hypothetical deductive method, which through a line of reasoning deduces from pre-established information. It presentes a qualitative approach with documented bibliographic review procedure, investigates scientific articles, books and videos on decolonialism, Latin American democracies and the Latin American New Constitutionalism. This is an explanatory research, as it tries to bring explanations about the coherent themes, as well as about the history of the Latin American countries. Therefore, the work sought to answer: How does the democratic theory, contained in the work “Carta a los Indignos” by Enrique Dussel, enable the practice of constitutional provisions which are in the Latin American New Constitutionalism third Cycle? Based on this point of view, the dissertation presents Dussel's democratic essay recovering the union of participatory and representative democracy, constantly and wrongly placed as opposites. In his view, legitimacy is presented from the perspective of popular sovereignty, being the most important, however, to make it reasonable in populous countries, as Latin American countries are, it becomes necessary the appreciation of representative democracy in order to solve the demands presented by participatory democracy. In this way, the dissertation, through the theory of Enrique Dussel, tries to bring a response to the inefficiencies of certain provisions in the Latin American New Constitutionalism Constitutions, giving even more legitimacy and urgency to its real effectiviness.
A ética de Hans Jonas e o direito socioambiental como direito humano: uma responsabilidade para com os homens do futuro
(Centro Universitário do Estado do Pará, 2022) Pessoa, Emeline Gaby; Pinheiro, Victor Sales; http://lattes.cnpq.br/0416222855469529; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435
The present dissertation aims to analyze whether it is possible to establish an intergenerational responsibility. The problem of the generator of this study answers the following question: Does the foundation of socio-environmental responsibility prove to be ethically sufficient to protect the existence of humanity in a risk society? To answer this question, the first chapter addresses the extent to which Hans Jonas' ethics of responsibility made it necessary to rethink the technique and the influence of technicism. In the second chapter, we present the standards of socio-environmental law, to demonstrate that socio-environmental law is a human right of paramount importance and we naturalize artificial constructions as absolute data, approaching an idea of technique in a broad sense and the need to think about how much ethos of the humanity, in order to privilege pro persona hermeneutics and a project of common humanity. In the third and final chapter, we demonstrate the instrumental argument presented in the foundation of responsibility of the current legal system. As a research-methodology, the hypothetical-method-research-method is used, having as a procedure a bibliographic review, looking for authors considered to be a review of the methodology, as well as studies that carry out a review of the methodology, as well as studies carried out. It was concluded that there is a result of a vision of the world, by understanding the environment and humanity, by understanding the socio-environmental, of a technical division. Therefore, human development is necessary beyond the mere growth of technique, in order to rethink what values we choose as fundamental and how this influences the present and future of humanity.
Jus gentium no século XXI e a fundamentação do direito internacional público dos direitos humanos: uma análise da acolhida e integração de refugiados venezuelanos no Brasil
(Centro Universitário do Estado do Pará, 2021-01-21) Santa Brígida, Yasmim Salgado; Pinheiro, Victor Sales; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; http://lattes.cnpq.br/0416222855469529; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Simões, Pedro José Calafate Villa; http://lattes.cnpq.br/1241931341359163
The purpose of this research is to analyze, in the light of the foundation of Public International Law resulting from the jus gentium of scholastic ethics, the subjective right to refuge, having as a landmark the recent mass flow of Venezuelan refugees in Brazil. In this research, the right to refuge is reflected on the assumption of acceptance and integration as necessary elements to effectively protect their human rights. We understand that the ethical precepts of the jus gentium in the XXI century legitimize sovereignty as responsibility. Universal jurisdiction, based on the ethical precepts of the reason of humanity, entitles man as a subject of subjective rights, affirming the dignity of the human person beyond the positive treaties, inaugurating the foundations of the legal principles of Public International Law. This research lists the international and national norms (treaties, judgments and consultative opinions) that concern the person - the pro persona principle - and on reception and integration, which bind and oblige the government to guarantee the protection of the human rights of immigrants and refugees. In the approach to the international human rights system, the jus cogens rules are the maximum expression of the limitation of state power - one of them is the non refoulement. Consequently, there is a need to adopt effective public policies, related to the role of the State in carrying out technical and systemic action plans. It discusses the difficulties of people in a condition of refuge at national level, in addition to addressing which public policies should be adopted in conjunction with various agents responsible for the various sectors of society (security, housing, work, social security, health, education). We believe that the right to shelter must be realized for all people, as it is indispensable for life and for the protection of human dignity, therefore, it is essential the development and improvement of the InterAmerican System for the protection of human rights and the effectiveness of a national immigration and refuge policy. It is concluded that, in order to implement public policies for Venezuelan refugees, guaranteeing their human rights, it is essential to strengthen international and national cooperation (between federative entities, public administration bodies and powers) through comprehensive systemic plans together with the other agents of society (organized civil society, NGOs, and the private sector). The study used, as a methodology, mainly the bibliographic survey, the research being eminently theoretical.
Propriedade intelectual e segurança alimentar: o papel dos agricultores tradicionais na proteção da agrobiodiversidade
(Centro Universitário do Estado do Pará, 2022-08-30) Meira, Victor Augusto de Oliveira; Pinheiro, Victor Sales; http://lattes.cnpq.br/0416222855469529; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Mathis, Armin; http://lattes.cnpq.br/8365078023155571
The objective of this work is to articulate the intellectual property of fitogenetic resources, their effects on food security, agrobiodiversity and the participation of traditional farmers in the food production chain, through the analysis of the legislation on access to traditional knowledge and genetic resources, in particular the Law No. 13,123/2015 (Biodiversity Law). In a first moment, the approach to the theme begins by bringing the legislation on access to the National Genetic Heritage and the use of Genetically Modified Organisms (GMO) in the context of protecting Brazilian Biosafety. It also addresses Food Security, the concept and historical evolution of its legislation and public policies, the constitutionalization of the right to adequate food and the importance of valuing the work of the traditional farmer, by using the agricultural variety of the rural environment The second chapter addresses the Farmer’s Law, the seed market and the evolution of the private appropriation of fitogenetic resources. National legislation on seeds and cultivars is analyzed, its impact on traditional agriculture and the use of native seeds, understanding them as the basis of local agricultural systems, whose use depends on the conservation of agrobiodiversity and its associated traditional knowledge. In the third chapter, the differences between economic models based on intellectual property and those based on traditional knowledge are discussed, respecting the sociocultural characteristics of traditional farmers, such as the Seed Banks. At the end, an analysis is made of the legislation on access to traditional knowledge and genetic resources, Law no 13.123/2015, verifying the difficulties in implementing a benefit sharing model based on the traditional model of ownership, since the vast majority of local producers and traditional communities is organized in a communitarian/associative way. The conclusion is that, despite advancing in some topics regarding the reduction of bureaucracy in access to traditional knowledge and genetic heritage for scientific research purposes, the current legal framework is still far from representing a recognition of the importance that is due to traditional agriculture in the food production and security scenario.

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