Navegando por Autor "Mello Neto, Ridivan Clairefont de Souza"

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Uma análise das múltiplas violações das garantias fundamentais pela negativa do Registro Civil
(Centro Universitário do Estado do Pará, 2019-06-03) Brito, Patrícia Araújo de; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229; Mello Neto, Ridivan Clairefont de Souza; http://lattes.cnpq.br/2238109792714388
This project aims to analyze the violated rights of eight indigenous Waraos, born in Belém, due to the denial in the making of the birth registration, by the Brazilian authorities. This occurs due the lack of efficacy given to the refugee protocol as a valid document to identify the refugee and to assure the right of registration. The research shows that the legal documents allows the regularization of the Venezuelan immigrant in the Brazilian territory, showing that the refugee protocol is a provisional document to identify taw refugee, according to the “Resolução Normativa CONARE nº 18” from 30/04/2014, Lei nº 9.474/97, Law nº 13445/17, as well as the Presidential Decree nº 9277/2018. Besides, this article aims to show, by studying the right to citizenship and criteria used by Brazil to grant this right, that those children are considered as Brazilians, but they don’t have these right granted, once the right is given by the registration act, which is important for the national data base of the citizens. Therefore, it’s argued that those individuals are in a condition of statelessness, which is the understanding utilized by international documents, the Inter-American Human Rights Court in their decisions and the High Commissioner of the United Nations for Refugees in its Resolutions. In conclusion, the right of registration is a basic human rights that allows the efficacy of other rights. For that matter, the registration act is a obligatory document, as can be seen in the Law of Public Registration, nº 6.015/73, International Covenant on Civil and Political Rights (1966) and the Convention on the Rights of the Child (1989), and so the denial in elaborate the document violated several rights, such as the right to personality, to citizenship, to the name and other social rights.
A concessão de refúgio a mulheres lésbicas, no sistema internacional, regional e nacional de proteção aos refugiados, em face de dupla vulnerabilidade social
(Centro Universitário do Estado do Pará, 2019-06-12) Costa, Letícia Raquel Almeida da; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229; Mello Neto, Ridivan Clairefont de Souza
Compulsory displacements motivated by sexual orientation are relevant issues for International Refugee Law. In this sense, lesbian women appear as particularly fragile categories because of a double degree of vulnerability: gender and sexual orientation. Thus, this paper aims to investigate how the interweaving of these two factors of hyposufficiency leads to specific persecutions against lesbian women, which are understood as motivations for the legitimate recognition of the lesbian refuge in international, regional and national legislations on refugees.
O agravamento da crise dos refugiados em tempos de neoliberalismo e a ressignificação do papel do Estado
(Centro Universitário do Estado do Pará, 2019-12) Mello Neto, Ridivan Clairefont de Souza; Reymão, Ana Elizabeth Neirão; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; http://lattes.cnpq.br/7523845838580356; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; Martins, Ricardo Evandro Santos; http://lattes.cnpq.br/0592012548046002
This dissertation discusses the weakening of the implementation of social policies and the marginalization of vulnerable groups such as refugees, due to the advance of neoliberalismo and the negation of State provision of fundamental rights through social policies. We analyze the individual-State relationship of foreign groups in Brazil and the legal treatment given to them to show the absence of their effective reception and inclusion. The reasons for refugees should be seen as a vulnerable group that demands state protection. The question then arises as the imposition of neoliberal rationality affects the promotion of social policies for this group and changes the relations between individual, state and society, implying a process of de-democratization in the face of the lack of commitment to the concretization of citizenship in its social aspect. It is argued that the establishment of the neoliberal model transforms the purpose of the State's existence and alters this relationship, resulting in a reduction in the promotion of universal social policies to guarantee fundamental rights and promote citizenship of refugees. It is concluded that neoliberalism, by deconstructing the sense that it is up to the State to correct inequalities and imposing economic logic as a criterion of public policy decisions, alters understandings about citizenship and the universality of rights associated with these policies.
O protagonismo do Supremo Tribunal Federal na atual crise das instituições políticas
(Centro Universitário do Estado do Pará, 2019-06-14) Serra, Isabella Melinda de Sousa; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; Mello Neto, Ridivan Clairefont de Souza
The purpose of this subject was to analyze the conditions that favors the protagonism of the Brazilian Supreme Court in the most recent political issues and the impacts caused internally and externally to the Court, especially in the relation with the other powers. It was a monograph originated of a bibliographic research within books, scientific articles, news reports, legislation and jurisprudence. In this research, it was analyzed, initially, the theorical aspects that gave ground to the ascension of the Judicial Power in the context of the post-war democracies, due to the consecration of the Constitutions based in the human rights. Afterwards, it was analyzed recent political episodes in the Brazilian scenario where the intervention of the Supreme Court was determinant to the political arena e to the society, such as the impeachment of ex-president Dilma Rousseff, the removal of the president of the Chamber of Deputies, Eduardo Cunha, the annulment of the nomination of the ex-president Lula to the Staff of the Presidency of the Republic, the limitation of the parliamentary immunity and the acknowledgment of the freedom to express political ideas inside the universities. Lastly, it was explained the real circumstances – the crisis in the legislative representation, the Court’s institutional architecture and the questionable guideline’s choices – that contributes to the protagonism of the Court in the most important political issues and the impacts cause internally and externally in the democratic institutions.