Pós-Graduação

URI Permanente desta comunidadehttps://repositorio.cesupa.br/handle/prefix/4

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Entraves jurídicos à regularização fundiária individual no estado do Pará: legislação fundiária paraense
(Centro Universitário do Estado do Pará, 2017) Azevedo, Flávio Ricardo Albuquerque; Fonseca, Luciana Costa da
This work presents initially the conjunction of the theories of Ignacy Sachs and Amartya Sen, which resulted in three basic meanings for achieving economic, social and environmental development. Demonstrating that the investment in public policies of land regularization, in mainly agrarian regions, such as in the State of Pará, contributes to development. After presenting the theoretical source that underlies the present research, it aims to identify and present solutions to the main legal obstacles to individual land regularization in the State of Pará, because, once faced, land regularization can be carried out, thus contributing to the development. For purposes of a didactic analysis, the legal barriers were divided into interpretative, administrative and jurisdictional, and legislative. Being the first focused on the decisions made in the administrative processes that are processed within the legal framework of the Land Institute of Pará (ITERPA); As well as for decisions rendered in the Judiciary of Paraense, mainly by agrarian sticks. In both cases, instead of helping to alleviate the chaos of Pará land, they are based on extremely positivist and conservative reasons, causing more obstacles. Regarding the legislative obstacles, this is related to the omissions in the regulations of procedures, carried out by the main actors involved in the management of land regularization, both in the executive and legislative spheres. For all the obstacles, opinions were expressed on the juridical path to be followed (always with understandings for land regularization) in order to achieve its purpose - development of the State of Pará.
O ICMS Verde como instrumento de equidade intraestadual no Pará
(Centro Universitário do Estado do Pará, 2018) Nóbrega, Bernardo Mendonça; Tupiassu, Lise Vieira da Costa; Gros-Désormeaux, Jean-Raphaël; Fonseca, Luciana Costa da; Scaff, Luma Cavaleiro de Macêdo
This research has as its main objective to analyze if the public policy of the Green ICMS, an instrument intergovernmental transfer of part of the ICMS revenue to the Municipalities based on the fulfillment of environmental criteria, in the State of Pará is an instrument that promotes intrafederative equity. Based on the analysis of the existence of intrafederative inequality in the State of Pará, equity criteria were identified through studies of Liam Murphy, Thomas Nagel, John Rawls's theory of justice, and environmental. Through the PER model the equity criteria were analyzed in conjunction with the conditioners of the Green ICMS and revealed a focus on the municipal response element as the main driver of this equalization. The municipal response, however, is limited by territorial interference by the other government spheres, affecting the Municipalities' capacity to fulfill part of the Green ICMS criteria. In this context, the element of Environmental Management, due to its wide scope, and its role in meeting the other criteria, was considered the more appropriate factor for the Municipalities. However, it is the factor considered less important by the Green ICMS and analyzed data indicated a low exercise of Environmental Management among the Municipalities studied.
Litigância climática e desmatamento na Amazônia
(Centro Universitário do Estado do Pará, 2023-03-16) Carvalho, Emerson Benjamim Pereira de; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Benatti, José Heder; http://lattes.cnpq.br/6884704999022918; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356
This master's thesis proposes a study regarding the reasoning behind the decisions of the Federal Supreme Court and the Superior Court of Justice, issued in civil proceedings, related to litigation about deforestation in the Amazon, in order to find out what are the parameters and criteria adopted by them Courts to identify and judge these conflicts, examining whether they have an argument from the point of view of anthropogenic climate change. The issue is relevant, as the STF and STJ are the country's courts in charge, respectively, of interpreting the Federal Constitution at the highest level of jurisdiction and standardizing the exegesis of federal legislation; the themes of degradation of the Amazon Forest, the greenhouse effect, global warming and anthropogenic changes in the climate are of concern to the entire world, in view of the risks to climate integrity and species survival; and because deforestation in the Amazon is the factor that most contributes to the emission of greenhouse gases in Brazil and consequent national global warming. The objective of the investigation is to know if the STF and the STJ perceive these conflicts as a climate dispute and what are the legal arguments that make up the reasoning of the decisions. The methodology used made use of the deductive method, a qualitative approach for the discussion of the subject, based on a bibliographical review with the obtaining of doctrine in scientific articles, books, analysis of data and documents, legislation, jurisprudence and research on the websites of the STF and STJ. The research revealed that most of the decisions of the STF and STJ do not bring a climate justification, as they do not address whether or not the judged conflict is a climate dispute and, when they are faced with a case of climate change, they do not mention whether it is of the direct or indirect type and do not discuss the legal climate regime. Therefore, it is important that the STF and the STJ judge these disputes, using a climate basis, given the obligations to justify judicial decisions, to act in enviromental education and to act in public awareness for the preservation of the environment, to play a prominent role in climate governance, to provide effective and efficient judicial protection, to act in a qualified manner in the climate emergency and protection of the Amazon Forest, enabling the continuity of all forms of life on planet Earth.
O princípio da cooperação e a responsabilidade dos entes da federação sobre a gestão de resíduos sólidos: análise da região metropolitana de Belém-PA
(Centro Universitário do Estado do Pará, 2017) Cardoso, Adriana Luna; Fonseca, Luciana Costa da; Dias, Jean Carlos; Oliveira, Maria Cristina César de
In the face of industrialization process, mass production and consumption were obtained, generating, consequently, an increase in the volume of solid waste. What causes environmental impacts to the planet. With the advent of the National Policy on Solid Waste nº 12.305/2010, there was an important gap in the Brazilian environmental legislation. But, the proper management of solid waste is a great challenge that needs to work together between the different spheres of public power, the business sector and the community, according to the principle of cooperation. The purpose of this dissertation is to investigate the criteria of competence distribution and the responsibility of the federation entities, in the hypothesis of the creation of Metropolitan Regions, in view of the principle of cooperation. It analyzes the controversy around the distribution of competences for the provision of basic sanitation services, and in particular, solid waste disposal by agglomerated municipalities, and compliance with the principle of cooperation among the entities of the federation for shared participation aiming at Management of solid waste. The research uses the experience of the metropolitan region of Belém to apply the theoretical analysis and concludes that the responsibility is shared among the actors involved, but it does not prevent the individualization of objective civil liability to agents that perform behaviors harmful to the environment.

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