Direito

URI Permanente desta comunidadehttps://repositorio.cesupa.br/handle/prefix/25

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Navegando Direito por Autor "Bastos, Elísio Augusto Velloso"

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    O direito ao esquecimento enquanto direito fundamental e sua aplicação no ambiente virtual
    (Centro Universitário do Estado do Pará, 2019-06-18) Carvalho, Caio Matheus de Santana; Freitas, Juliana Rodrigues; Bastos, Elísio Augusto Velloso
    The present study have as goal analyze the form which the Right to be Forget has developed inside the doctrine, as well as show how your application was formulated in the digital environment, and how the idea of informal self-determination could help to minimize the inherent risks of the internet, and provide a major data control by individuals. Therefore, will be analyzed the jurisprudence, in particular, the google spain case; and the normative devices related. The relevance of this academic research is to foment the academic debate about the Right to Be Forget in digital environment, owing to it’s aplication has already been recognized by the superior courts, however, in face of legislative omission, there are no discretion for it’s application.
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    A liberdade religiosa como justificativa para o custeio de tratamento alternativo de saúde por parte do Estado: uma análise do Recurso Extraordinário 979.742
    (Centro Universitário do Estado do Pará, 2018-12-18) Leal, Andréa Santos Borges; Bastos, Elísio Augusto Velloso; Leal, Ana Christina Darwich Borges
    The present work aims to analyze the religious phenomenon and its historical evolution, in view of the consecration of religious freedom as a human and as a fundamental right, in the various international documents, as well as in the Brazilian Constitutions, until the current context, where there are a plurality of religions. Due to such diversity, it intends to equate the problem regarding the limits within which the State can rely on a certain religious thought for the purpose of adopting, or not, specific public policy, considering that, at the same time, it needs to act in an active way, guaranteeing to all its citizens the protection of the aspects that integrate the normative scope of religious freedom, mentioning freedom of belief, proselytism, conscientious objection, freedom of worship, self-determination, etc.; just as the Public Power must maintain a certain neutrality and non-interference, so it does not privilege the majority's belief over the minority creed, thus, promoting the effective separation of Church and State, wich is relevant to the concept of the Lay State. In this bias, this research brings as an example (and as a demonstration of the problem that the effectiveness of the clause of State-Church’s separation faces), the Extraordinary Appeal n ° 979.742, which arrived at the Supreme Court to answer the question that, here, it aims to solve: can you consider religious freedom a justification for the cost of alternative health care? To get to a reasonable result, the proportionality principle will be used as a rational instrument for the collision of rights.
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    O limite das obrigações do estado no fornecimento de medicamentos de alto custo a pacientes com neoplasia maligna
    (Centro Universitário do Estado do Pará, 2019-06-18) Rodrigues, Brendha Figueiredo; Brito Filho, José Claudio Monteiro de; Bastos, Elísio Augusto Velloso
    The present study analyzes the limits of the State's obligations to guarantee the right to health in the distribution of high-cost medicines to patients receiving treatment for Malignant Neoplasia. Its purpose is to define the responsibility of the State in the distribution of remedies in a fair and egalitarian manner, taking into account the need of all those who seek, in some way, to guarantee their right to health and life. In order to do so, we indicate John Rawls's theory as sufficient to support this consideration, disregarding the Possible Reserve Theory, constantly applied in judicial cases to justify the inefficiency of the State, and to promote public policies guaranteeing the medicines necessary for individuals. We advocate providing medicines equitably to all citizens, especially those of high cost who are not registered with ANVISA and due to this factor, there is no provision by the Unified Health System. The methodology will be the bibliographical survey based on doctrines available in books and periodicals, articles and master's theses. Therefore, this is an eminently theoretical study, developed with a view to understanding that health is a fundamental right, especially in cases of patients with Malignant Neoplasia who require the distribution of high-cost drugs in a full and accessible way, taking into account in view of the complexity of the treatment and in most cases, patients' hyposufficiency.
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    A proibição da educação domiciliar no Brasil e o consequente prejuízo à liberdade de ensino
    (Centro Universitário do Estado do Pará, 2019-06-25) Silva, Ana Carolina Rodrigues da; Bastos, Elísio Augusto Velloso; Sá Junior, Adalberto Fernandes
    This study aims to analyze how the prohibition of homeschooling violates the parents’ right of having freedom to decide about the form of education to be provided to their children. Through the analysis of the legislative and constitutional history in the Brazilian context about the subject, it was possible to notice that homeschooling was not always considered exceptional and was constantly permitted by the legal system, as well as it represented a form of teaching constantly used by the wealthiest families. It was found that there is an international tendency to permit the practice, by analyzing the international law and how the other countries deal with the situation. In another moment, brazilian cases of families that chose homeschooling were presented, demonstrating the legal insecurity caused by the lack of specific provisions in Constitution about the practice, emphasizing the judgment of the Supreme Court about the extraordinary appeal n° 888815, which determined the constitutionality of the activity, establishing the need of its regulation, demonstrating the inclination to permit the activity also at the national level. Finally, the topography of the conflict was analyzed considering the rights involved in the situation, taking into account the aspects of the right to education of minors, the freedom of parents' to choose the best way to teach their children, as well as the role of the State as guarantor of the minor's social rights. It was possible to conclude, therefore, that utilitarian homeschooling, in which parents do homeschooling with the state supervision, is configured with the best way of guaranteeing all rights present in the context.