Navegando por Autor "Oliveira, Adriano Carvalho"

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Análise da competência para instituição da taxa de exploração de recursos hídricos no Pará (TFRH) e a constitucionalidade da Lei Estadual nº 8.091/2014: um estudo de caso
(Centro Universitário do Estado do Pará, 2018-06-18) Pereira, Paula Andréa Barros; Oliveira, Adriano Carvalho; Pamplona, Karla Marques
This academic study aims evaluate compatibility between the Union's privative competency, constitutionally ensured, to legislate above the water's right and the police power from State of Pará, concerning creation of fee for hydrics resources explorations on this region. For that, was opted for a study case based on a concrete situation those its main discussions is the unconstitutionality of State Law n. 8091/14, that institutes TFRH - Taxa de Controle, Acompanhamento e Fiscalização das Atividades de Exploração e Aproveitamento de Recursos Hídricos; the legality of State of Pará police power to promote fiscalization and control exploration's activities, once known the water is a public domain property, a economic limited natural resource and the question that fee is derived from police power and should not be confused with tax. Facing of the relevance and complexity of the present case, DAU (Direct Action of Unconstitutionality) 5374 is being procedure aiming declare law's unconstitutionality 8.091/14. Therefore, that this is a relevant question analysis which need a pacification to generate legal and economic certainty and in the course of the present study are included the legal grounds for the conclusion in defense of the compatibility between the competence of the Union and the State of Pará.
Análise da estrutura pela qual se desenvolve o ativismo judicial brasileiro no âmbito do Supremo Tribunal Federal
(Centro Universitário do Estado do Pará, 2018-12-14) Xavier, Danilo Pereira; Oliveira, Adriano Carvalho; Peixoto, Carla
The judicial activism of the Federal Supreme Court is a current topic whose discussion goes beyond the legal framework. It is observed that the Supreme has been assuming in the last years important political and social role. Subjects with high moral content, controversial, drivers of Brazilian life, have been decided by this Court. Faced with this fact, it is imperative to study the judicial activism that develops within the scope of the Pretório Excelso, because it is a question of studying the decision-making behavior of the one who has the last word in the interpretation of constitutional norms in Brazil. In this context, the present work will focus on the analysis of some activist decisions of the 21st century that involve themes from the most diverse branches of society. To do so, we will first make an exposition about the elements necessary to understand the theme. Then, it will be shown which role falls to the Supreme within the Brazilian constitutional logic. And, later, some emblematic activist decisions will be analyzed. Finally, it will be noted that these decisions reveal, above all, the intrusion of the STF into the sphere of action of the other Legislative and Executive Powers, putting in check the principle of tripartition of Powers and the functionality of the check and balances system.
ICMS ecológico e desenvolvimento: análise dos estados de Rondônia, Tocantins, Ceará e Pará
(Centro Universitário do Estado do Pará, 2014) Oliveira, Adriano Carvalho; Merlin, Lise Vieira da Costa Tupiassu; http://lattes.cnpq.br/5599627735526045; Scaff, Fernando Facury; http://lattes.cnpq.br/3214760192523948; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356
The Ecological Value-added Tax (VAT), as a budgetary policy, influences the share of the VAT that is redistributed from the States to the municípios, based on standards defined in State Laws.The Pará State, recently, enacted the Ecological VAT through State Law n. 7.638, July 12th, 2012, regulated by the Decree n. 775, June 26th, 2013. This work aims to evaluate the possible contribution of this policy to the development of the State of Pará. In order to do that, we adopted the meaning of development as of a fundamental right, secured by our Federal Constitution of 1988, also based on the conjugated theories of Amartya Sen and Ignacy Sachs, resulting in the highlight of three core dimensions of development, the economic, social and environmental. From the experiences of other States of Brazil, Ceará, Rondônia and Tocantins, steps of analysis of the Ecological VAT laws, and the criteria of VAT redistribution defined by those laws, were created, so that it can be verified, in a presumptive manner, all possible reflexes of this policy in the dimensions of development. According to the analysis carried, the fixation of the more elevated redistribution percentage associated with determined standards tend to be more effective in terms of the positive impacts created on the dimensions of development achieved by them, in lieu of the pulverization of standards (and corresponding redistribution percentage). Thus, the policy of the Ecological VAT in the State of Pará stands apt to promote development, particularly the environmental dimension, on account of the elevated redistribution percentage of VAT directed to it.
O Pará no contexto do desmatamento: identificação das políticas de pagamentos por serviços ambientais em curso no estado
(Centro Universitário do Estado do Pará, 2018-06-17) Honda, Breno Kazuki da Silva; Oliveira, Adriano Carvalho; Pamplona, Karla Marques
It is well know that the Amazon is the birthplace of many natural resorces and ecosystems services, however, it is also know that Pará is responsable for a very high rates of deforestation of de Legal Amazon, based on that, the following work is focused on analising the public politics of paymento for environmental services on Pará’s region, delimiting its concept, origins, characteristics and types, by usising data given from the enviromental public agencies and doctrines, in order to determine the contribution of these economic incentives on the fighting against de deflorestation, contextualizing the reality os the state to it’s aplication, observing how these incentives help with a sustainable development on Pará, only to discover that we are only begining the costruction of instruments that produce some kind of impacto on the current scenario, then, it’s necessary the improvements of many aspects, from the legal aspecto on the absence of norms, as well as some providers of ecosystems services that are not apreciated yet.
Plataformas de streaming: incidência de ICMS ou ISS
(Centro Universitário do Estado do Pará, 2018-06-18) Alencar, Denilson Lucas Paiva de; Oliveira, Adriano Carvalho; Pamplona, Karla Marques
The following essay has the immediate objective of demonstrating the apparent unconstitutionality featured in subitem 1.09 of the Complementary Law n. 157/2016, which established the charge of Services Tax (ISS) over assignment of usage rights (streaming platforms). Thus, through analysis of the meaning of services featured in the Federal Constitution and in the Civil Code, it is possible to verificate that the tax established by the Complementary Law does not meet Brazilian legislation at all. The essay derives from a bibliographic research of description of doutrinary understanding and case law on the proposed subject. For this purpose, many information sources were used, stressing books, scientifical articles and case law broadcasting websites. On this thesis, it is analysed how the Services and Merchandises Circulation Tax (ICMS) and Services Tax (ISS) were historically introduced in the Brazilian legal system regarding tax matter, emphasizing also who is competent to institute them, as well as the analysis of other intrinsec elements to tax incidence, such as triggering event, calculation basis, affectation and mainly tax aliquots. Thereafter, the meaning of service is brought up, such as the concepts of service in a legal and economic sense, and added value service, those being fundamental concepts for comprehending the presented subject. In addition, the modus operandi of streaming technology is explained. Also, Netflix and Youtube are mentioned as two of the main streaming platforms utilized in Brazil. Finally, it is shown that subitem 1.09 of the Complementary Law n. 157/2016 features an apparent unconstitutionality, since streaming platforms are not service providers at all, as there is no human action, but assignment of usage rights instead, thus making Services and Merchandises Circulation Tax (ICMS) the applicable tax regarding streaming platforms.
O whistleblowing como instrumento de combate à corrupção: uma análise à luz dos princípios do regime democrático
(Centro Universitário do Estado do Pará, 2018-06-26) Souza, Luiza Pessoa Oliveira de; Freitas, Juliana Rodrigues; Oliveira, Adriano Carvalho
The following essay has the goal of demostrating how whistleblowing functions as an instrument to combat corruption in the light of the principles of Democracy, especially considering the importance of popular participation in State’s political issues. For this purpose, the concept and modus operandi of whistleblowing will be analysed, with an approach to american, british and french whistleblowing laws. Likewise, similar Brazilian legal mechanisms will be analysed, such as awarded collaboration and popular lawsuit. In addition, it will be fundamental to contextualize popular participation in State’s democracy, employing democratic literature as groundwork. Furthermore, it will be given a special approach to right to development, since corruption is a kind of violation of this right, whose promotion in a broad range is a positive consequence of democracy. Moreover, the essay will briefly introduce the bill n. 4.850/2016, based on a Brazil’s Federal Public Prosecutor’s Office’s project named « Ten Measures Against Corruption », which features traces of whistleblowing. Therefore, the present research is important inasmuch as it points out an instrument of combat against corruption in the light of democracy, given it is still a little-known mechanism in Brazil that could be introduced in its legal system, since whistleblowing is indeed an instrument that attends democratic process requirements, considering factors such as popular participation and right to development.