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Abandono afetivo em razão da orientação sexual e da identidade de gênero: uma análise sob a perspectiva da responsabilidade civil
(Centro Universitário do Estado do Pará, 2019-06-03) Silva, Naira Almeida da; Azevedo, Thiago Augusto Galeão de; http://lattes.cnpq.br/5496674400879290; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040
This work had as objective to deal with aspects related to affectionate abandonment of parentes in relation to their children due to their gender identity and sexual orientation, desviantes do padrão heteronormativo, given that it is an object of little social research, especially with regard to the legal scope. It is a monograph, derived from a theoretical method that consists of the research of works and articles of specialized periodicals that approach the subject, as well as the empirical theoretical method, through statistical data that corroborate the theory of affective abandonment by reason of sexual orientation. It occupies, in a first moment, in addition to clarifying briefly some basic concepts for a better understandingof the reader regarding sex, gender and sexuality, we present the Foucauldian perspective regarding this, as well as a theoretical essay of normative heterosexuality imposed socially based on some premises of Butlerian thought. In addition, attending on the object itself, one starts for a brief exposition about the historical context of the family, analyzing the reflexes cisheteropatriarcal system in the contemporary family, as well as makes an investigation of the discrimination radiated by this one to its descendants that deviate from the archeotypes heteronormative. Finally, it is devoted to the discussion of affective abandonment due to gender identity and sexual orientation, with the purpose of demonstrating the damages that the noncompliance with the legal duties deriving from the family power to provide material and/or moral assistance, conducting an examination about civil liability of those who abandon them and the consequent duty to indemnify, reflecting on the issue of the extent this accountability a legal instrument with potential for raising awareness in the family and minimizing cases of affective abandonment as a result of prejudice institutionalized by heteronormative society.
O aborto como uma imposição socioeconômica contra os direitos de escolha da mulher
(Centro Universitário do Estado do Pará, 2019-06-03) Prestes, Yasmim Coelho; Koury, Adilon Passinho; http://lattes.cnpq.br/1378173214805527; Santos, Andreza Casanova Von Grapp; http://lattes.cnpq.br/9121358785114807
This study intends to establish a discussion about abortion under the prism of women’s right to choose and how their social and economic condition impact on their power of choice, presenting concepts, typology of abortion, discussions on the subject, highlighting the assumptions abortion, and discussing feminism, with abortion as a socioeconomic imposition against women’s rights of choice. Thus, the objective of this study is to analyze the aspects that involve the impossibility of choosing women in situations of extreme socio-economic fragility in continuing with a pregnancy; analyze the aspects of the current context in the delimitation of the will and exercise of motherhood, reproduction and abortion in women; evaluate the difficulties in securing social equality for women in the contemporary world; and understand and dispose of abortion as a lack of choice in the face of women’s socio-economic conditions. This study proposes to answer the following question: can abortion be considered as an imposition and restriction of the right to choose women in conditions of extreme poverty? For that, the deductive method, the indirect documentary technique, was used through bibliographic research.
O acesso à justiça e as modalidades de resolução de conflitos inseridos pela reforma trabalhista
(Centro Universitário do Estado do Pará, 2019-06-18) Cruciol, Geovana Manoela Braga; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943; Rodrigues, Vanessa Rocha Ferreira
This monograph deals with access to justice through the modalities of conflict resolution introduced by the labor reform. The main objective is to show how the labor reform protects these modalities and to demonstrate the capacity that these alternative means of conflict resolution have to encourage the judiciary to be the precursor of one of a faster and more efficient judicial service. The objective was also to verify the effectiveness of the institutes implemented with the labor reform in order to address the following question: The alternative means of conflict resolution implemented by Law 13467/17 are tools capable of granting access to justice with the objective legislator? In order to remedy this issue, this work was directed to explaining, based on the study of daily life and forensic practice, how these institutes are functioning in the judiciary, analyzing their impacts in relation to the inafasability of the jurisdiction. Finally, it was possible to conclude that, due to the lack of democratic deliberation of the legislative process of law 13467/17, the initial ideas proposed by the labor reform were not articulated in the way that they should be, generating new impasses in the labor justice due to the built barriers access to the judiciary.
Acordo de leniência na lei anticorrupção: o conflito de atribuição para celebrar acordos
(Centro Universitário do Estado do Pará, 2018-06-19) Macedo, Hanna de Assis; Farias, Klelton Mamed de; Lima Filho, Eduardo Neves
This monograph deals with a problematic of the organizational conflict to celebrate leniency agreements, in the mold of art.16 of Law 12.846 / 2013 (Anti-Corruption Law). The approach starts from a perspective of aspects related to the institute and the context of production of the law. The requirements for concluding an agreement are set out below. Continuing, we deal with the main problem of work and as an instance of emergency. In addition, we will briefly review an application of the institute in practical cases. Finally, it is pointed out the importance of developing a national anti-corruption policy based on the systematic analysis of the provisions in force in the Brazilian legal system and of the International Conventions that Brazil is a signatory.
Afetos, consumo e pandemia na retomada do natal mágico do Parque Shopping Belém
(Centro Universitário do Estado do Pará, 2023) Pereira, Beatriz Farinha; Caetano, Danilo Miranda; http://lattes.cnpq.br/8985271833324122; Leão, Danuta de Cássia Leite; http://lattes.cnpq.br/3967549374195129; Teixeira, Will Montenegro; http://lattes.cnpq.br/6052214377870325
This course completion project examines the market, health, and emotional interaction between the public and Parque Shopping Belém during the Christmas of 2021, amidst the instability caused by the Coronavirus. Its relevance stands out due to the scarcity of relevant studies on the subject in the Northern region of the country, emphasizing the uniqueness of the thesis. The methodological procedures employed combined secondary and primary data using exploratory and descriptive methods, the latter in both qualitative and quantitative versions. To understand consumer behavior and assess their "affectation," a specific questionnaire for the Christmas environment in shopping malls was developed, allowing for a detailed analysis. Data collection revealed the existence of an engaged group that experiences the shopping mall Christmas, predominantly composed of families from various social structures. Thus, despite the "surprise" enchantment provided by the Christmas attractions at Parque Shopping Belém, the engaged participation of this audience contributed to making Christmas 2021 even more significant and emotional.
A alienação parental e os desafios judiciais
(Centro Universitário do Estado do Pará, 2019-06-19) Koyama, Ivaneide Costa Conceição; Mendonça, Mariana Barreira; Azevedo, Camyla Galeão de
Parental Alienation (PA) is the interference in the psychological formation of the child or adolescent promoted or induced by one of the parents, by the grandparents or by the child or adolescent under his or her authority, custody or supervision to repudiate the parent or cause the establishment or maintenance of links with it, which is described in Law No. 12,318 / 2010. Controversially there are cases in which they suggest that the application of this law is being done wrongly, when the possible alienator is, in fact, the victim. Therefore, the present study aimed to discuss the definitions about PA and the Parental Alienation Syndrome (SAP), differentiating them; describe the judicial historical evolution that led to the enactment of the specific legislation for the PA, exemplifying its application; as well as discussing challenging and limiting cases of legislation.
Análise da atual mercantilização do atleta e as peculiaridades do contrato de trabalho desportivo, conforme a Lei Pelé (Lei n. 9.615/1998)
(Centro Universitário do Estado do Pará, 2019-06-14) Borges, Adriano Jassé; Moreira, Allan Gomes; Mendes, Felipe Prata
There are currently significant changes in national football, starting from a process of professionalization and reaching a level of mercantilization of the athlete. In this sense, the purpose of the present research is to demonstrate that the football player presents a series of specific conditions that modify the understanding of the legal analysis of the situations that arise from the work contract, fact that proves the disparity of the contract with sports bond of that habitual barrister , transforming the football player into a special category of service provider, having his regiment protected by the law n ° 9.615 / 1998 popularly known as Lei Pelé.
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.
Análise da produção de provas ex officio segundo o art. 156, inciso I do Código de Processo Penal à luz do princípio da imparcialidade do juiz
(Centro Universitário do Estado do Pará, 2018-06-29) Puget, Lucas França; Farias, Klelton Mamed de; Pereira, Débora Simões
This monograph had scope in addressing the issue of the constitutionality of art. 156, item I, of the Code of Criminal Procedure. The article in question establishes that the judge may ex officio produce early evidence, even before the criminal action has been initiated, and because of this has generated much discussion before the doctrine. In this context, the work aims to analyze the possible unconstitutionality of the article in question, using an exploratory methodology, regarding the type of research and its objectives, through a review of legal norms, jurisprudence, doctrines and General Principles of Law. In this way, we will first deal with criminal procedural systems and their relations with art. 156, item I, of the Code of Criminal Procedure. An analysis will then be carried out in the light of the principles of criminal procedure and doctrine. Subsequently, jurisprudence will be verified concerning the production of ex officio evidence and its possible violation of the principle of impartiality. Finally, there will be an investigation into possible solutions to the discussion on the constitutionality of art. 156, item I, of the Code of Criminal Procedure.
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.
Uma análise jurisprudencial acerca do benefício assistencial ao deficiente: a efetivação da convenção sobre os direitos das pessoas com deficiência
(Centro Universitário do Estado do Pará, 2018-06-22) El Robrini, Gabriela Santos; Moreira, Allan Gomes; Bessa, Eli Meneses
The assistencial benefit to the disabled, constitutionally fixed, has suffered changes, which were largely caused by the Convention on the Rights of Persons with Disabilities, signed in New York, bringing new forms of disability recognition and effectiveness to the assistance in Brazil. Therefore, the present research aimed to verify if the mentioned international treaty has been effectively incorporated internally. For that, the systematic and deductive method was used, since it integrated the dialogue between national norms and those of the international frame, using normative, doctrinal and jurisprudential research. The debate involved the legislative changes and, at the same time, examined the validity of the judicial decisions coming from the National Court of Uniformization and the Federal Regional Courts of the country, regarding the constitutionalized human rights. It was perceived a great evolution, both through the precedents edited by the National Court of Uniformization, which show the spirit brought by the international convention and the use of the Statute of the Person with Disabilities, including the recognition of the constitutionalisation of human rights evidenced by the international treaty. However, it was possible to note that many judicial bodies are still moving away from the new model of human rights for the identification of disability, distorting the goals embraced by the Brazilian State when regulating the institute and assuming responsibilities before international law, falling short on the application of the open concept of disability for BPCLOAS concession.
Anteprojeto arquitetônico de acomodações voltadas aos universitários da rede pública
(Centro Universitário do Estado do Pará, 2023) Amoras, Roberta Paysano; Silva, Paulo André Dantas; http://lattes.cnpq.br/4933337069569702; Toscano, Thais Zumero; http://lattes.cnpq.br/9147549279020027; Kamel, Tales Albuquerque; http://lattes.cnpq.br/0562973157164053
The profile of students inserted in College in Brazil does not reflect the diversity of its population due to numerous factors, one of which is the lack of provision of quality housing for low-income students. The feeling of not belonging to this type of space combined with the lack of solvency of the most vulnerable parts of society results in low graduation completion rates and high dropout rates. The construction of buildings that are not designed from an environmental perspective increases their maintenance costs, making them structures that are difficult to maintain and use. The lack of housing with design adjustments that encourage inclusion and respect the space in which they are built were the motivators for this work, which aimed to design a preliminary project for Student Housing located in the city of Belém do Pará.
Anteprojeto arquitetônico de igreja evangélica com estratégias bioclimáticas em Marituba - PA
(Centro Universitário do Estado do Pará, 2023) Silva, Amanda Melo da; Silva, Paulo André Dantas; http://lattes.cnpq.br/4933337069569702; Pinho, Taynara do Vale Gomes; http://lattes.cnpq.br/4381078974492626; Cavaleiro, Luan Rodrigo dos Santos; http://lattes.cnpq.br/8067544576620985
The work developed in this document refers to an architectonic preliminary project of a evangelical church with bioclimatic strategies in Marituba-PA. There is a church constructed on the terrain in question that lacks what is needed for a church and occupies little space, leaving a lot of area filled with tall grass. Knowing that, like any other architectonic typology, the church also has its particular needs related to the environment around it, comfort and the interaction with nature, to be specified throughout reading, a new project is proposed, aiming to accommodate 180 people, that meets the basic needs standards with better quality, comfort and bioclimatic strategies that make it possible to lower the costs thanks to a good energetic efficiency. Thereunto, the project has some main criteria: the religious architecture, the bioclimatic architecture and energetic efficiency. Said researches are the basis of the development and the decisions made in the project.
Anteprojeto arquitetônico de um centro de acolhimento para mulheres vítimas de violência doméstica em Belém do Pará
(Centro Universitário do Estado do Pará, 2023) Oliveira, Ivyan Gabriella Souza de; Kamel, Tales Albuquerque; http://lattes.cnpq.br/0562973157164053; Silva, Paulo André Dantas; http://lattes.cnpq.br/4933337069569702; Costa, Bárbara Faciola Pessôa Baleixe da; http://lattes.cnpq.br/8689923263179597
Violence against women is a problem that is rooted in society. Over the years, the female struggle began to gain greater visibility, however, even today, the number of reports of violence against women continues to grow alarmingly, regardless of the type of violence suffered, whether physical or psychological. The Casulo Project arose from this urgent demand for more places to support women victims of violence who find themselves in unsafe homes, aiming to be a welcoming, cozy environment that contributes to the reintegration of those welcomed into society with greater autonomy and security. In this way, an architectural preliminary project was developed for a reception center for victims of domestic violence in Belém do Pará, through the collection of bibliographic and iconographic data, in addition to a technical and cadastral survey, enabling the elaboration of the architectural proposal, as well as the documentation, through the use of BIM technology software, with the aim of proposing a project with environments that present more humanized and inviting spaces, providing well-being and comfort for these women and also their children, in a time of so much vulnerability, having as one of its main pillars the use of biophilia as an integrative and healing element.
Anteprojeto arquitetônico de um instituto de desenvolvimento esportivo e educacional em Belém – PA: Instituto Rei Pelé
(Centro Universitário do Estado do Pará, 2023) Oliveira, João Victor Teixeira de; Kamel, Tales Albuquerque; http://lattes.cnpq.br/0562973157164053; Silva, Paulo André Dantas; http://lattes.cnpq.br/4933337069569702; Nascimento, Flávio Campos do; http://lattes.cnpq.br/2294084466238857
The Brazilian socioeconomic scenario shows that young people and children, whose human development is compromised due to their exposure to social vulnerability, perceive sports as an opportunity to ascend to a more promising life condition. In this context, the scarcity of sports spaces with the necessary quality also stands out, highlighting the lack of these facilities that serve the community. Sport emerges as a powerful tool for social transformation, being the central point of the proposed project. Therefore, the general objective of this work is to carry out an architectural preliminary project for a sports and educational development institute in Belém – PA, named Instituto Rei Pelé, which was conceived as an aggregator for social projects in the city, promoting equal access to activities sports and offering development opportunities for low-income young people. The methodology used has a qualitative-quantitative approach and descriptive research procedures. Architecture plays a fundamental role in this context, not just as a physical structure, but as a means to create spaces that inspire, empower and unite the community in search of more equal social development. The Institute's project proposes it as a model that transcends conventional architecture, positioning itself as an integrating force for a significant transformation of society.
Anteprojeto arquitetônico de uma instituição de longa permanência para idosos em Belém do Pará
(Centro Universitário do Estado do Pará, 2023-12-05) Páscoa, Maria Luiza Vaz Paes; Cavaleiro, Luan Rodrigo dos Santos; http://lattes.cnpq.br/8067544576620985
This work proposes an architectural preliminary project for a long-term care institution for the elderly in Belém do Pará, analyzing the specific needs of this population. Carrying out an analysis of numbers and new customs of the population, which causes an increase in the demand for these institutions for housing for the elderly. Addressing accessibility and inclusion strategies, and the need to create an environment adapted to your needs and possible limitations that could occur. The work presents solutions that promote the autonomy and safety of these users, integrating areas for leisure and rest for the elderly, establishing the ways that architecture, combined with scientific studies on the subject, can help lead to a healthier life.
Anteprojeto de residência unifamiliar bioclimática com estratégias para eficência energética
(Centro Universitário do Estado do Pará, 2023) Pereira, Hérica Raiane Costa; Silva, Paulo André Dantas; http://lattes.cnpq.br/4933337069569702; Kamel, Tales Albuquerque; http://lattes.cnpq.br/0562973157164053; Toscano, Thais Zumero; http://lattes.cnpq.br/9147549279020027
The construction industry stands out as one of the main sources of environmental pollution, making it crucial to change this scenario. Studies confirm that construction techniques and inappropriate material choices directly impact the environment, influencing the thermal comfort of users. Furthermore, inefficiency in designs can lead to increased electricity consumption through appliances such as air conditioning and artificial lighting systems, often sourced from non-renewable energy. This issue can be reversed by adopting more sustainable practices by construction professionals. The application of efficient methods, focusing on bioclimatic architecture, seeks passive strategies to optimize the thermal and energy performance of buildings. Additionally, the choice of low-impact environmental materials is crucial. In the presented context, a single-family residence project in the Amazon region exemplifies the implementation of effective construction techniques, waste reduction, the use of renewable energy, and home automation as concrete measures to promote sustainability.
Anteprojeto de restaurante popular para a cidade de Belém, PA
(Centro Universitário do Estado do Pará, 2023-12-07) Camorim, Beatriz Amaral; Cavaleiro, Luan Rodrigo dos Santos; http://lattes.cnpq.br/8067544576620985; Silva, Paulo André Dantas; http://lattes.cnpq.br/4933337069569702
The II National Survey on Food Insecurity shows an increase of 14 million people in a situation of food insecurity in 2022, compared to 2020. This scenario contrasts with the right to food, guaranteed by the Federal Constitution. Given this context, this preliminary project proposes the creation of a Popular Restaurant in the city of Belém, PA, where there are insufficient existing establishments to meet the growing demand of people experiencing food insecurity. Furthermore, the need for improvements in the architectural solutions of these establishments stands out, aiming for a more humanized, comfortable and functional place. The project seeks not only to meet the population's food needs, but also to create a space that promotes belonging and social coexistence in the city of Belém.
A aplicação da Lei Maria da Penha para sujeitos transgêneros
(Centro Universitário do Estado do Pará, 2019-06-03) Sousa, Peterson Pedro Souza e; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
The purpose of this paper was to analyze the applicability of the Maria da Penha Law to transgender people. As an example of this issue, a transvestite was taken into account, which opened a precedent to the Pará State Court. The research problem of this paper revolves around divergence of concepts of gender, transgender and domestic and family violence against women according to Law 11.340 / 06. Firstly, the complexity of the topic was emphasized, presenting the doctrinal and jurisprudential divergence that provoke an environment of uncertainty regarding the application of the norm to transgender people. Establishing the needs to explore the concepts, this research was directed to clarify the modern definition of gender and transgender, already internalized in the legal order of the country. Afterwards, gender violence was analyzed in the Maria da Penha Law, exploring the arguments used by modern doctrine, highlighting the people protected by the norm and the respective deployments of the application for transgender people. Finally, after examining the concepts, the study with Guilhermina's case which was exemplified, observing the arguments that based the decision of applicability of Law 11.340 / 06 for a transvestite under the prism of the conclusions of the research.

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