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A atuação das agências reguladoras e os compromissos governamentais assumidos na política nacional das relações de consumo: a função mediadora da ANAC (Agência Nacional de Aviação Civil) na redução da vulnerabilidade do consumidor
(Centro Universitário do Estado do Pará, 2021-10-01) Agrassar, Hugo José de Oliveira; Soares, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419; Holanda, Fábio Campelo Conrado de; http://lattes.cnpq.br/6078803341806941; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478
The need for consumer protection arose with the urgency of achieving national development, forming an egalitarian and prosperous society, even within the capitalist economic system, which in the so-called liquid modernity is shown to be more unequal, with consumption guided by the increasing and volatile seduction and no longer by normative regulation. The consumer protection norms in the social state of rights with the aim of ensuring material equality in consumer relations that are structurally unbalanced in nature. The services that were previously provided directly by the public authorities started to be provided by private agents, with the State becoming the regulatory entity based on the duty of consumer protection, and the effectiveness of fundamental rights reinforces the need to protect individuals against the performance of the State and against the performance of economic groups. Thus, the role of regulatory agencies in fulfilling the governamental commitments assumed in the National Consumer Relations Policy (PNRC), which must intervene in the market to protect the most vulnerable party, the user of the public service or consumer, arises. However, the performance of these regulatory agencies has called into question such assumed commitments, in spite of propagating the discourse to the contrary, claiming that they do so to improve the public service granted to the private sector. It is, therefore, precisely because of the need to guarantee the universality and quality of services provided by the private sector, that regulatory agencies must act to protect consumers, in order to avoid the deprivation of their freedom of consumption as a result of the economic insecurity that it is related to the absence of democratic rights and freedoms. Otherwise, the triumph of globalized capitalism will be propagated over consumers who will be supplanted by the power of financial markets and consumer markets, to the detriment of the rules that govern the PNRC. ANAC (National Civil Aviation Agency) is included in the list of these regulatory agencies (Law No. 11,182/2005), and its performance is discussed in relation to the government commitments assumed in the PNRC regarding the regulation of public services provided by companies aerial. The general objective of this dissertation is to analyze whether the Brazilian State, through ANAC, has been fulfilling the commitments assumed in the PNRC before public service concessionaires, mainly in their role of mediating conflicts between the economic interests of airlines and the information society. consumers. To achieve this goal and seek answers to the questions raised elsewhere, the dissertation will be developed primarily through the deductive method with consultation of national and foreign doctrinal material and the jurisprudence that is formed on the subject of the performance of regulatory agencies in consumer protection, starting from from a general analysis of regulatory agencies to a specific analysis in relation to ANAC. It was concluded that ANAC is still far from fulfilling the commitments assumed at the PNRC, mainly in its mediating role in conflicts between the economic interests of airlines and the consumer society, the adoption of collective consumer guardianships being a good way to achieve this, especially in the extrajudicial área (multi-door system provided for in the Code of Civil Procedure).
A concessão de crédito bancário e o desenvolvimento regional socioambiental: uma análise sobre a aplicação do Pronaf na Amazônia (2014 a 2017) e os efeitos da PRSA
(Centro Universitário do Estado do Pará, 2020) Amador, Joseane do Socorro de Sousa; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Mattos Neto, Antonio José de; http://lattes.cnpq.br/4719479439779242
Public Policies for economic development in the Amazon need to be compatible with environmental protection norms aiming not only at preserving a healthy environment but also at preserving jobs and income in the region. The research has the problem of investigating the extent to which PRSA may have contributed to the reduction of FNO contracts in the Legal Amazon, in the PRONAF financing line, in the period from 2014 to 2017. The general objective of the study is to contribute to the affirmation of the policy granting credit in the Amazon and delimits three specific objectives: 1) to analyze the participation of the government in the banking sector as a tool of public policy and development; 2) to analyze the data that prove the reduction of the investment of resources in the PRONAF credit line (2014/2017) and the types of risk for the granting of credit in the banking sector and 3) to analyze the impact of PRSA in the granting of credit in the Amazon through PRONAF. It adopts the deductive approach method, together with the monographic procedure method and the indirect documentation research technique. It concludes that when it was instituted by Resolution No. 4,327 / 2014, PRSA was implemented by financial institutions through environmental risk, which generated a decrease in PRONAF applications in the Legal Amazon. Thus, the application of PRSA can be considered as an event that contributed to the reduction of applications of federal PRONAF resources, without, however, eliminating other elements, factors and political, economic and social reasons that, equally, may have contributed to the reduction in the application of these resources. It is also concluded that it is necessary that the Financial Institutions that work with the application of Federal resources for the regional development assume the commitment to protect the environment, while fulfilling their primary function of granting credit to develop the regions covered by the Funds Constitutional.
A cooperação federativa nas políticas públicas de educação básica: análise das políticas de financiamento, propostas do governo federal e dos educadores
(Centro Universitário do Estado do Pará, 2016-01-27) Palácios , Fernando Rocha; Cichovski, Patricia Kristiana Blagitz; http://lattes.cnpq.br/8940927801366003; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/2244189950353544; Rocha, Francisco Sérgio Silva; http://lattes.cnpq.br/7008329184256326
This work has as main objective to analyze the characteristics of federal cooperation in the implementation of educational policies, focusing on the financing of basic education, the proposals of the current Federal Government (Secretariat of Strategic Affairs and Ministry of Education) and the Educators' Forum (CONAE). Comprising an interdisciplinary approach (law, political science and education) intended to carry out a legal analysis of the phenomenon focus. The field of study outlined the theme covers various aspects of federalism. However, this will focus on cooperative federalism and sub-themes more directly related to it: its principles and basic characteristics; the study of coordination, collaboration and cooperation; decentralization and centralization and skills of the ones down in the Constitution. Methodologically it is based on a dialectical view of the law, being developed a historical and procedural approach of educational policies in the Brazilian federalism in order to understand the origins and dynamics of legal changes that were constituting forms of relationship between the federal agencies in the area educational. To obtain the data was made a documentary and bibliographic research and interpretation of these was used discourse analysis method. The analysis of legislation and related documents may be concluded that intergovernmental cooperation in the Brazilian federalism, specifically in education policy, although present in all the principles that underlie the rules and proposals, presents quite different features that bring significant implications to the Brazilian federalism and the Federal Constitution.
A cultura da medicalização e os impactos no sistema público de saúde brasileiro
(Centro Universitário do Estado do Pará, 2023-10-30) Sá, Victória Vasconcelos; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Pessoa, Robertonio Santos; http://lattes.cnpq.br/9426835691271531; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
This dissertation aims to analyze the increasing and irrational use of medications, often fueled by the Pharmaceutical Industry and aggressive marketing that promotes drugs as "magic pills capable of curing everything." This poses serious risks to the population's health due to the inappropriate choice of medications, improper exposure to drug adverse reactions, increased bacterial resistance, and self-medication. This excessive use of drugs corresponds, in large part, to the phenomenon known as medicalization, conceptualized by Conrad (2007, p. 19) as a process in which non-medical problems are defined and treated as medical, imposing the risk of overloading the Brazilian healthcare system and diverting focus and funds from genuine pathologies. This raises the question of whether certain situations should be treated as social issues rather than medical problems. To this end, this study gathers information to address the following research problem: Is Brazil influenced by this culture of medicalization? If so, what impacts can medicalization have on the Brazilian Unified Health System? To achieve the desired goals, the research is structured into five sections, with the first being the introduction; the second is dedicated to the analysis of health and disease from a historical perspective; the third focuses on the concept and contours of medicalization; the fourth addresses health as a consumer product, and the fifth and final section concerns the budgetary allocation of medications. The research therefore used bibliographic research as a procedure. Finally, the research concluded that Brazil is influenced by the medicalization of health, as both this phenomenon and the need to rationalize the use of medications are recognized by the responsible bodies for SUS management. Subsequently, it was deduced that medicalization results in a considerable budgetary impact on the Brazilian Unified Health System, since the increase in the quantity of medications, technologies, and procedures to be funded by the public administration in the face of medicalization strains the system and causes disorganization.
A democracia de Enrique Dussel como fundamento para efetivação do novo constitucionalismo da América Latina: a análise dos dispositivos constitucionais do conselho de participação e cidadania do Equador, da plurinacionalidade e da jurisdição boliviana
(Centro Universitário do Estado do Pará, 2021-02-23) Ferreira, Gabriela Brito; Pinheiro, Victor Sales; http://lattes.cnpq.br/0416222855469529; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Taxi, Ricardo Araújo Dib; http://lattes.cnpq.br/2208519070757294
This dissertation aims to understand decolonial thinking, using it as a source for the emergence of the practice of New Constitutionalism in Latin America, demonstrating a paradigm transition and the importance of thinking the existing models from new perspectives. In this context, the new Latin American Constitutional model is presented and detailed, as well as its challenges, which imply the argument of a certain popular participation devices ineffectiveness and focuses on these countries' plurinationality. Thus, the dissertation starts from the hypothetical deductive method, which through a line of reasoning deduces from pre-established information. It presentes a qualitative approach with documented bibliographic review procedure, investigates scientific articles, books and videos on decolonialism, Latin American democracies and the Latin American New Constitutionalism. This is an explanatory research, as it tries to bring explanations about the coherent themes, as well as about the history of the Latin American countries. Therefore, the work sought to answer: How does the democratic theory, contained in the work “Carta a los Indignos” by Enrique Dussel, enable the practice of constitutional provisions which are in the Latin American New Constitutionalism third Cycle? Based on this point of view, the dissertation presents Dussel's democratic essay recovering the union of participatory and representative democracy, constantly and wrongly placed as opposites. In his view, legitimacy is presented from the perspective of popular sovereignty, being the most important, however, to make it reasonable in populous countries, as Latin American countries are, it becomes necessary the appreciation of representative democracy in order to solve the demands presented by participatory democracy. In this way, the dissertation, through the theory of Enrique Dussel, tries to bring a response to the inefficiencies of certain provisions in the Latin American New Constitutionalism Constitutions, giving even more legitimacy and urgency to its real effectiviness.
A dessubjetivação terapêutica: um estudo do dispositivo criminal-punitivo dos inimputáveis por doença mental
(Centro Universitário do Estado do Pará, 2014) Malcher, Farah de Sousa; Dias, Bárbara Lou da Costa Veloso; http://lattes.cnpq.br/8176515656244466; Deluchey, Jean-François Yves; http://lattes.cnpq.br/3281967884820732; Leal, Ana Christina Darwich Borges; http://lattes.cnpq.br/4919094925608660; Simões , Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435
This thesis aims to understand the discursive rationalities built by criminal device-punitive measure of security. From the debate around the desubjectivation treatment of the insane offender, I questioned the logic of the legal treatment of be imputable by mental illness. This desubjectivation sustains the loss of autonomy of subjects and justify public policies increasingly securitarian and interventional, highlighting in a dramatic way the exercise of biopower and the economic rationality of entrepreneurial contemporaneity. The perception of madness as unreasonableness and the relations between knowledge and power that conspicuousness to psychiatry to the category of science, desubjectivate the individual madman in virtue of not subjection to fixed identity of the modern subject, justifying systems of exclusion. In the context of the new rationality modern legal, why punitive disciplinary action and reason biopolitics articulate producing the neutralization of individuals harmful to the market, which would explain the admission of crazy for an indefinite period of time. The situation of public policies of security measure in the State of Para, shows us need to make them through the grid of intelligibility of economic rationality neoliberal. Finally, the analysis of discursive practices of judges and forensic psychiatrists, I noticed that the inquiry "who is the subject?" appears behind the records of abnormality and dangerousness of the crazy, showing us to be precise, before everything, questioning the status of the subject legacy by Modernity and the relations of domination and subordination of defining ways to see and recognize subject in contemporary societies.
A dignidade da pessoa humana e a jurisprudência do Supremo Tribunal Federal: uma abordagem crítica à luz da teoria do direito como integridade de Ronald Dworkin
(Centro Universitário do Estado do Pará, 2015-06-30) Viana , Lorena Mesquita Silva; Dias, Jean Carlos; Klautau Filho, Paulo de Tarso; http://lattes.cnpq.br/8078710846499032; Pinheiro, Victor Sales; http://lattes.cnpq.br/0416222855469529
The concept of human dignity refers to a valuable and an indispensable content for the interpretation and structuring of legal reasoning. Nevertheless, there is a general disagreement about the meaning of this concept. Treated by the legal community in an extremely broad and abstract language, the term has been shown from different approaches about its object and extension. Often, legal practitioners have used the concept, especially in hard cases, from metric criteria and as a defense evidence to erase or to an arbitrary restriction of rights, serving to the most various purposes in the legal sphere. On this scenario, depending on the way we understand the law divergence, the nature of the dignity´s concept and the way of interpretation, there will be different consequences for the exercise of judicial functions and to the realization of rights. Thus, by being reduced, or perhaps zero, the amount of studies that question the nature of the divergence in the treatment of human dignity, as well as discuss the moral content of this concept in a broad and integrated perspective, this research is justified for the relevance to understand the normativity of human dignity and to propose a legal reconstruction of the concept, so that its interpretation and application are kept intact and consistent within the Brazilian legal scenario. In these terms and taking the reference of the theory of law as integrity by Ronald Dworkin, the discussion that guides the development of this research is conducted to recognize if the opposing arguments of each legal approach on the notion of dignity would be located on the grounds and the content of this concept, inserting the theoretical mode of divergence. Thus, also questions the interpretive nature of the concept, its role as an interpretive guide and conciliator of moral judgments and, facing the critical analysis of some decisions of the Supreme Court, the judicial approach of the concept of human dignity.
A dosimetria da multa fiscal no ICMS à luz do princípio da capacidade contributiva: um modelo ao estado do Pará
(Centro Universitário do Estado do Pará, 2015) Nobre, Simone Cruz; Merlin, Lise Vieira da Costa Tupiassu; http://lattes.cnpq.br/5599627735526045
The tax is the main revenue available to the State to guarantee the rights provided in the Constitution. However, the form of its imposition, often seems to violate the same rights as this seeks to promote. Hence the great rejection in your gathering, leading to the States to pay off the tax penalty as a means of enhancing your compulsoriedade. It is that, tax fines ICMS does not always have a dosimetry that meets the constitutional precepts, causing doubts as to its legitimacy and the standard of righteousness in your application. This fact has allowed many demands on the judiciary, which is no longer limited to declare unconstitutional, but has been reducing its values in a clear intervention of the judicial subjectivism in punitive and fiscal policy of the state. This picture shows extremely harmful to the public one, not only for deconstitution of tax credits and the costs involved, but also pelajudicialização the taxing power and the weakening of the authority of the executive branch. It is proposed from the study of some fines established by Law No. 5,530 / 89, which regulates the ICMS in the State of Pará, a model of dosimetry the ICMS tax fines thereof, with mainstay in principle of proportionality and equality, in order to observe the constitutional element of graduation tax fine: the principle of ability to pay.
A efetividade da política de reinserção social do trabalhador rural resgatado da condição análoga à de escravo sob a perspectiva da teoria do desenvolvimento humano
(Centro Universitário do Estado do Pará, 2014) Chaves, Krystima Karem Oliveira; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769
The following work intends to analyze the effectiveness of the Unemployment Insurance Program that apart from necessary qualification to the relocation of rescued worker in analogous conditions to a slave, on the labor market. Under the perspective of the Theory of Human Development of Amartya Sen, intends to evaluate the effectiveness of the Program analyzing if these workers, during the concession of the benefit, are in fact capacitated in a way they maintain enough autonomy and emancipation to the reinsertion in the labor market. It will be analyzed if Public policy lacks adjustments especially in what refers to the development of the capacities and functionings of the rescued worker, willing to verify his professional reinsertion, which is the only way to avoid returning to the degrading job. The research, in that way, intends to confirm that only with the concretion of his idealized objectives, initially based on the tripod: Income - Capacitation - Intermediation, in its structural fullness, can provide human development of the rescued workers, and th effectiveness only on what refers to income distribution, insufficient on what refers to upgrading or capacities elaboration, abilities, techniques that are made necessary to the emancipation of the worker and consequent fruition of his labor operations on the labor market.
A eficiência econômica dos princípios do direito contratual brasileiro: uma abordagem crítica sob a ótica da análise econômica do direito
(Centro Universitário do Estado do Pará, 2019-03-12) Azevedo, Miguel Gomes de; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Leal, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902
The present study proposes to make a critical analysis about the doctrinal principles of Brazilian contractual law through the bases established by the Economic Analysis of Law - AED and the premises set forth by the AED Contractual, in order to discover if the principles and, consequently, the branch itself is economically efficient with regard to environmental protection. It is understood that the contractual right when coated with great efficiency can be seen as an instrument of more protection for the environment. That is, the central axis of the present research is the negative externality generated by the contracts, which reduces the economic surplus of the exchange, making it economically inefficient. To answer the questioning, the present study is divided into three chapters. At the outset, the basic foundations and concepts of AED, according to Richard Posner, are established: rationality, efficiency and value. Finishing with the clarification about the positive and normative conceptions of AED. The second chapter seeks to understand how the concepts presented in the first chapter apply to Contractual Law, being the so-called Economic Analysis of Contractual Law. Thus establishing market failures, which are factors that push the market away from maximum economic efficiency and in what way the Law can mitigate them, being itself a factor of economic efficiency. In this second chapter the understanding is exposed when the exchanges are economically efficient, that is, when they generate na economic surplus. It also demonstrates the conceptualization of negative externalities and how they affect this economic surplus. Finally, in the third and last chapter, a study is made of the contractual principles established by civilian doctrine in Brazil, so as to be able to analyze their respective economic functions and to conclude whether or not the branch under study with regard to externalities is efficient. It is, therefore, a study that aims to analyze the extent to which Brazilian contractual law is economically efficient through an investigation of its doctrinal principles and their relationship with market failures, especially when speaking of externalities. The methodology used is eminently theoretical and doctrinal using a national and international bibliographical survey, with the purpose of concluding the economic efficiency or inefficiency of the Brazilian contractual law with the axis in the contractual externalities.
A ética de Hans Jonas e o direito socioambiental como direito humano: uma responsabilidade para com os homens do futuro
(Centro Universitário do Estado do Pará, 2022) Pessoa, Emeline Gaby; Pinheiro, Victor Sales; http://lattes.cnpq.br/0416222855469529; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435
The present dissertation aims to analyze whether it is possible to establish an intergenerational responsibility. The problem of the generator of this study answers the following question: Does the foundation of socio-environmental responsibility prove to be ethically sufficient to protect the existence of humanity in a risk society? To answer this question, the first chapter addresses the extent to which Hans Jonas' ethics of responsibility made it necessary to rethink the technique and the influence of technicism. In the second chapter, we present the standards of socio-environmental law, to demonstrate that socio-environmental law is a human right of paramount importance and we naturalize artificial constructions as absolute data, approaching an idea of technique in a broad sense and the need to think about how much ethos of the humanity, in order to privilege pro persona hermeneutics and a project of common humanity. In the third and final chapter, we demonstrate the instrumental argument presented in the foundation of responsibility of the current legal system. As a research-methodology, the hypothetical-method-research-method is used, having as a procedure a bibliographic review, looking for authors considered to be a review of the methodology, as well as studies that carry out a review of the methodology, as well as studies carried out. It was concluded that there is a result of a vision of the world, by understanding the environment and humanity, by understanding the socio-environmental, of a technical division. Therefore, human development is necessary beyond the mere growth of technique, in order to rethink what values we choose as fundamental and how this influences the present and future of humanity.
A ética do medo na modernidade: análise do princípio da responsabilidade à luz da sociedade de risco ambiental
(Centro Universitário do Estado do Pará, 2020) Lima, Caroline Figueiredo; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216
Modernity, along its journey, has brought forward a series of unprecedented challenges, which require a thorough study of the results produced. This fact is due, primarily, to the wide development of scientism, which with an air of certainty and predictability, sometimes neglects the necessary ethical and moral reflection of events. For this purpose, a bibliographic methodology, with the following question as the guiding question: in view of the complexity provided by the configuration of the Risk Society, which parameter should be adopted to assess the responsibility of social actors? In this way, through the hypothetical-deductive method, the present work deigns to carry out a research in addition to legal, also sociological and philosophical on the Principle of Responsibility in the midst of the Environmental Risk Society. The incompatibility of the current provision of Responsibility in the Brazilian legal system was concluded, among them the misunderstanding about the unpredictability as inherent to the risk and the extent of the damages, which are unable to be fully measured.
A hipervulnerabilidade das crianças na atividade de extração do açaí no rio Médio Paracuúba, em São João da Boa Vista, Ilha de Marajó/PA: um estudo sobre as capacidades necessárias ao desenvolvimento
(Centro Universitário do Estado do Pará, 2020-01-30) Ferreira, Otávo Bruno da Silva; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Mesquita, Valena jacob Chaves; http://lattes.cnpq.br/2222933055414567
Absense of rights is harmful to human development. This work questions about the capabilities necessary to guarantee child development, from the identification of absense borne by children, in the activity of açaí extraction, in the region of the middle river Pracuúba, in São Sebastião da Boa Vista. For that, there is discussion about the emergence of childhood as an autonomous category, with rights and worthy of protection; conceptualization of child labor, showing the hypervulnerability of children; demonstration of the use of child labor, with records of the intensification and permanence factors; theoretical discussion on development and distributive justice, with an emphasis on capabilities, functioning and well being; and, finally, theoretical-practical application in the construction of a list of capabilities. It replies that there is no distributive justice in the investigated community and that it is possible to build a specific list of capabilities, with due justification, presenting instruments for implementation and measurement, demonstrating that the enjoyment of substantial freedoms and the redirection of absense for development and child welfare. Finally, it analyzes child labor as cultural reproduction and, at the same time, as exploitation of childhood, presenting intercultural dialogue as an alternative to solving the problem and, in the case of failure, the balancing of interests. As for the methodological aspects, the study is structured, regarding the approach, in qualitative research; as for nature, in applied research; as for the objectives, the exploratory type was used; as for the procedures, bibliographic research and field research with the use of ethnographic research.
A importância da tributação sobre a mineração para o desenvolvimento sustentável: uma discussão da tributação mineral de competência do estado do Pará
(Centro Universitário do Estado do Pará, 2023) Zocatelli, Vitória Mota; Tupiassú, Lise Vieira da Costa; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; http://lattes.cnpq.br/5599627735526045; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Silveira, Alexandre Coutinho da; http://lattes.cnpq.br/7902423151331560
The state of Pará has great relevance in the global supply of ores, such as iron, gold, bauxite, copper, nickel and kaolin, among many others produced there. The expressive reserves of mineral goods contribute to the country appearing as an important player in the international mineral market. However, the benefits for society do not occur in the same magnitude, taking in consideration the development indices of the state. One of the ways to reflect on the subject is to discuss taxation, since a fair tax collection can be understood as a consideration by individuals for the exploitation of this wealth, which is public. Thus, the objective of this dissertation is to elaborate a descriptive study on aspects of mineral taxation in the context of the State of Pará. The research uses the deductive method and the bibliographic procedure, as well as the analysis of documents from sources such as the National Mining Agency, the Brazilian Mining Institute and the Fiscal Justice Institute. It was concluded that the main characteristics of mineral taxation in the State of Pará are related to the exemption brought by the Kandir Law and the discussion around the TFRM, resulting in a low participation in the income from this wealth, when compared to the prominence that the sector has in the state, to the private profits of the mining companies, and with the return that could be generated for the federative entity, such as the development of the region, through the generation of jobs and creation of industries, for example. Thus, the study suggests that the state can expand its collection base, with smaller subsidies, mainly for companies with high profitability, since the tax regime must be able to support private sector investment, ensuring, at the same time, the maximization of economic, environmental and social benefits for its population, advancing in the guarantee of basic fundamental rights.
A inclusão da pessoa com deficiência visual no trabalho a partir da tecnologia assistiva
(Centro Universitário do Estado do Pará, 2024-02-29) Dias, Aurora de Nazaré Fernandes; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983
This dissertation's central objective is to investigate how assistive technology can function as an instrument for the inclusion of people with visual impairments in the job market, ensuring a balanced work environment. The topic covers several subdivisions, and it is essential to identify the disabilities present, such as physical, auditory, visual, mental and multiple disabilities. Inclusion in the job market, especially for people with visual impairments, reveals significant challenges, even with legislation such as the Quota Policy. Therefore, the problem question was formulated: How can assistive technology be used to include people with visual impairments in the job market? The research focuses on investigating how assistive technology can promote the inclusion of people with visual impairments in the job market, ensuring a balanced environment. The specific objectives include analyzing the characterization of people with visual impairment, exploring obstacles and accessibility in the job market, addressing the issue of a balanced environment and examining the role of assistive technologies. The theoretical relevance of the research lies in the discussion of assistive technology and its application in the inclusion of people with visual impairments in the job market, in line with human dignity. From a practical point of view, the research contributes with alternatives for inclusion, combating inequalities. Therefore, the hypothetical-deductive method is used. The research addresses the lack of accessibility as a central factor for exclusion in the labor market. With a qualitative approach, the research uses bibliographic data and documentary analysis, and is divided into chapters that explore different aspects of the inclusion of people with visual impairments in the job market. In the end, the considerations highlight the importance of the study given the persistent challenges faced by this group, aiming for a more inclusive and equitable society.
A integração dos sistemas de gestão do espaço territorial rural como política pública de desenvolvimento sustentável
(Centro Universitário do Estado do Pará, 2020-09-27) Santos, Kátia Borges dos; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Treccani, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535
The study aims to highlight the integrated management of rural territorial space as a public policy necessary for sustainable development based on the analysis of rural territorial management instruments used in the country. The approach seeks to assess the extent to which the lack of integration of information systems in rural territorial planning compromises development and what are the possible alternatives for integration. The research involves three specific objectives. The first specific objective was to identify the premises that determine a public policy aimed at territorial governance and what implications these have for the country's sustainable development. The second specific objective is to identify and map the territorial management instruments in force in Brazilian legislation, in their environmental, land and registry aspects. Finally, the third specific objective presents a suggestion for the integration of the identified systems and correlates information of an environmental and social nature that do not yet have control and access to civil society. As for the methodology used, it is an exploratory and descriptive research, gathering information about the systems used and their related legislation. For the discussion of the theme, the approach is qualitative and based on bibliographical and documental sources. It was concluded that the absence of an integrated territorial management system affects the construction of adequate long-term planning of rural territorial planning and that the various systems used in the country, in their cadastral, land, environmental, fiscal and registry aspects, need unification and intelligible tools for interoperability insofar as its use as a management tool favors coordinated actions aimed at achieving sustainable development in the country. And finally, as an alternative, a rural territorial management model suited to the Brazilian reality is necessary as an alternative for democratic management and planning.
A legitimação fundiária do imóvel público na REURB e sua discussão constitucional (ADI 5.883/STF): teorias socioeconômicas da posse em áreas devolutas e sua aplicação prática
(Centro Universitário do Estado do Pará, 2022) Teixeira, Ricardo Santiago; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Dias, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
Brazil was colonized by the Portuguese using a Portuguese normative system, based on possessions for cultivation, demarcation, housing and payment of tributes. This is how the Brazilian land system was born, with possessions and their social, economic and labor functions, which is why all Brazilian lands are considered public in their origin. The present study seeks to analyze the possibility of applying urban land regularization, based on the REURB Law (no. emphasis on the prohibition of adverse possession of public lands and absence of compensation for the loss of land. By approaching the subject in a qualitative way, the objective is to better understand the new legal institute of land legitimacy and its constitutional discussion; with applied research, it is intended to find the best solution for land legitimation in public lands and with bibliographic research on doctrines, laws and jurisprudence, an analysis is carried out on themes of constitutional, civil and economic law, emphasized in the theories of the social function of possession and ownership. This analysis is necessary to confront the basic problem, given the constitutional prohibition of adverse possession of public lands, to address the general objectives regarding land legitimation in the REURB, as well as the specific objectives on the original acquisition of property, both public and private lands, and its allegedly affected constitutional confrontations. As it is a topic under constitutional discussion, with great possibilities of directly affecting any occupant of a consolidated informal urban nucleus, the research becomes relevant not only juridically but also socially and economically. In the end, it seeks to identify the extent to which unregistered public property, informally occupied by a private individual, fulfills its socioeconomic function, as well as whether land legitimation could solve this problem of regularization.
A lei da alienação parental: aspectos controvertidos da aparente discricionariedade judicial no art. 5º à luz do debate Hart X Dworkin
(Centro Universitário do Estado do Pará, 2019-12-12) Queiroz, Carlos Márcio de Melo; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Matos, Saulo Monteiro Martinho de; http://lattes.cnpq.br/1755999011402142
The recognition of children and adolescents as subjects deserving special rights due to their condition of being in formation is a recent achievement in Brazil. Recognizing the disregard of their unique situation as persons in formation, it remains clear the violation of their rights, in particular, the fundamental right to healthy living with their family and parents even in the face of the occurrence of family dislocations, when, as a rule, a of parents proceeds to exercise predominantly parental powers over the offspring. This scenario of rupture of conjugality is not infrequently followed by a scenario of rupture of parenthood itself through acts of parental alienation. In order to understand this process, characteristic, doctrinal and legal aspects of such acts are analyzed. At first, the investigation turns to the conceptual evolution of parental alienation since the initial studies of Richard Gardner and also following the paths taken by the Brazilian legislation regarding the treatment given to children and adolescents from the doctrine of the risk situation until the doctrine of integral protection present in the constitutional body. Then, the shared custody will be defended as one of the guarantees of the maximum and healthy coexistence between parents and children, which came, in a historical legislative sequence, complemented by Law 12.318 / 2010, Parental Alienation Law. At the end, the perplexities arising from the apparent judicial discretion present in the interpretation of artigo 5 of Law No. 12.318 / 2010. These perplexities lead to question which interpretative matrices would point to a better answer for the application of the normative text by the magistrate, which implies the adoption of a theory for the interpretation of the law text. In the second moment, the research turns to the analysis of two theories that could be presented as an interpretative matrix for the perplexities found: Hart's renewed positivism and Ronald Dworkin's Law as Integrity. In this second moment, the analysis turns to ask how each of these theories is positioned to say what is the Law and from this position, determine how the vagueness or indetermination of the normative text should be resolved and, therefore, how It is possible for the judge from the interpretation, to integrate the legal text which, after all, is the purpose of the present investigation. With such tools, at the final moment of the work, it will be possible to face the indetermination of artigo 5 of the Parental Alienation Law and propose an interpretative matrix that best aligns with the Theory of Integral Protection of children and adolescents.
A necessidade de implementação de uma renda básica, universal e incondicional: uma proposta para a criação de uma política nacional sobre renda mínima
(Centro Universitário do Estado do Pará, 2021) Trindade, Larissa Santana da Silva; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Menezes, Daniel Francisco Nagão; http://lattes.cnpq.br/4101655062938301
The present work has the general objective of discussing the need to implement a national public policy on basic income, keeping as a reference the experience of the municipality of Maricá-RJ, to achieve the refoundation of the social state in Brazil, whose relevance was evidenced by the COVID-19 pandemic. To fulfill the established purpose, some characteristics of a welfare state and the main doctrinal proposals on the subject will be analyzed. Then, the basics of the minimum income model and the need for its implementation will be presented. Facing up to the proposed problem will require an analysis of the factors and criteria that contribute to the minimum income expansion policy and its importance for the refoundation of the social state in Brazil. The research developed is bibliographical, based on books and periodicals on the subject, in addition to consulting databases produced by official websites, such as the Brazilian Institute of Geography and Statistics - IBGE and the Institute for Applied Economic Research - IPEA on the subject. It then proceeds to a critical analysis of whether the institution of minimum income would contribute to overcoming crises, especially as an important public policy for the refoundation of the social state in Brazil. The conclusions show the need to promote public policies for the institution of minimum income as a way to minimize the impacts of growing social inequality and poverty, thus contributing to the refoundation of the social state in Brazil.
A necessidade de regulamentação do direito à desconexão no ordenamento jurídico brasileiro: a utilização, como parâmetros, das legislações portuguesa e francesa
(Centro Universitário do Estado do Pará, 2024) Moreira, Larissa Cavalcante; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Mesquita, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567
The present study aims to analyze the need for regulation of the right to disconnect for workers in the Brazilian legal system, starting from a Marxist perspective, according to which true human freedom begins with the reduction of working hours, a fundamental condition for employees to autonomously enjoy leisure time. As a hypothesis, it is argued that Portuguese and French legislations represent advancements in regulating the right to disconnect, particularly through establishing conditions via collective bargaining, which could serve as benchmarks for regulation in the Brazilian legal system. The choice to analyze these legislations is justified by the fact that French and Portuguese rights are part of the Roman-Germanic family, akin to Brazilian law, with significant similarities between the systems and notable progress in regulation on this issue. To achieve this objective, the study investigates the essentiality of non-working time for humans, based on historical struggles for reduced working hours; highlights key norms regarding the right to disconnect in Portuguese and French legislations; discusses the current state of the art of the right to disconnect in the Brazilian legal system; and examines the possibility of using Portuguese and French legislations as benchmarks. The methodology employed includes bibliographic research, focusing on legal books, publications, journals, and reports to provide theoretical support, as well as an analysis of jurisprudence from the Superior Labor Court on the matter. Additionally, a qualitative approach was taken to quantify the number of judgments rendered by the Court between 2018 and 2023, systematizing them into a database to analyze the arguments put forth by respective panels, totaling 102 judgments by the end of 2023 directly related to violations of the right to disconnect due to excessive working hours. The Brazilian legal system requires more robust legislation concerning the right to disconnect, drawing inspiration from French and Portuguese laws to create its own policies that ensure the right to disconnect, tailored to the Brazilian reality and labor market.

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