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Intervenção humanitária unilateral ou crime de agressão? uma análise da intervenção americana no conflito sírio
(Centro Universitário do Estado do Pará, 2018) Proença, Camilly Gouvea; Bentes, Natália Mascarenhas Simões; vvvvvvvv; Neves, Rafaela Teixeira Sena
La paralysie du Conseil de Sécurité des Nations Unies (CSNU) par rapport à la Syrie a fait que certains pays adoptent des mesures plus incisives unilatéralement, sous le discours de la protection des droits de l'homme et du droit international humanitaire. Cependant, cette intervention en plus de mettre en échec la légitimité du CSNU, est légalement contestable. Cette monographe a le but d'analyser quelle sont les limites entre l'intervention humanitaire unilatéral et le crime d'agression. A partir de la conception contemporaine de la souveraineté et responsabilité de protéger, on passe à l'analyse des interventions humanitaires, avec emphase sur les unilatérales. Fait ces considérations, sera fait une étude sur la définition du crime d'agression, pour faire un comparatif entre le crime d'agression et les interventions humanitaires unilatérales. Finalement, sera fait une analyse sur l'intervention nord-américaine dans le conflit en Syrie, ayant par référence le bombardement qui a eu lieu le 6 avril 2017, ainsi que le bombardement du 13 avril 2018. Enfin, il est possible de conclure que les interventions militaires conduit unilatéralement, en plus d'être incompatible avec la Charte des Nations Unies, peut facilement configurer un crime d'agression, mais malgré les aspects matériels, il y a une grande difficulté à atteindre la responsabilité internationale pour le crime d'agression, en vertu des questions de procédure et d'une résistance politique.
Reforma trabalhista: o teletrabalho e seus reflexos na saúde e na desconexão do trabalhador
(Centro Universitário do Estado do Pará, 2018) Bittencourt, Pedro José Marinho; Chaves, Krystima Karem Oliveira
This paper will present an analysis of the new regulation and systematics of teleworking from the labor reform, exposing its consequences to the preservation and protection of the minimum rights of teleworkers, especially regarding the right to disconnect from work and the right to health. To do so, the Fundamental Social Rights will be elucidated, as well as the conceptualization and explanation of degrading work as the antithesis of decent work. Next, it will be the responsibility of the employee regarding the health of the worker and his obligatory action for the realization of a salutary work environment for all types of workers. In the same way, it will be related, with respect to the particularities of the remote work, traversing by its origin, modalities and normative history in the Brazilian order. Finally, the social-economic impacts of teleworking will be exposed in relation to its main agents, especially the teleworker, addressing the main reflexes of remote work in their life and health, including as a conclusion that, despite being regulated and with great advances, teleworking still has latent weaknesses as to the effectiveness of the preservation and protection of the worker's basic rights, especially with regard to his / her dismissal due to lack of control of the day, and his / her full health is harmed by the legislative inclusion of the term responsibility, a document that aims to exempt the employer from greater responsibility for the health of the worker.
Sistema penitenciário e alas específicas para transexuais: segregação ou proteção?
(Centro Universitário do Estado do Pará, 2018) Carvalho, Ana Clara Alves de; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124; Simões, Débora
This monograph aimed at exposing the historicity of gender concepts and its constant evolution, highlighting the emergence and use of the expression "gender identity" in the most recent verdict of the judiciary. This work discuss the prospective implementation, of wards dedicated to transexual individuals, into the penitentiary system of the state of Pará, trying to understand wether the implementation of such wards would be a form of protection to these individuals, regarding the reduction of physical and psychological violence, mainly from other prisoners, wether it would be a form of segregating the LGBTI individuals in jail, which would be transferred to that ward, so that the segregation from other detainees would be a masked form of prejudice. To that end, It is discussed the binary system - female or male gender - in which the Criminal Enforcement Law is based on, as well as principles inherent to the human person, such as the principle of isonomy and dignity of the human person.
A utilização da arbitragem dos dissídios individuais de trabalho à luz da reforma trabalhista
(Centro Universitário do Estado do Pará, 2018-06-14) Ramos, Marcela de Borborema Machado; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943; Pereira, Emília de Fátima da Silva Farinha
This monograph aims to analyze out that the excess of demands in the Judiciary generates the need to use alternative means, and specifically in the labor scope, the use of Arbitration as a means of resolving disputes in individual labor conflicts. The discussion begins with the difficulties of reaching an effective access to justice, among which is highlighted the excess of demands in the judiciary, and the importance of extrajudicial alternatives to solve such excess. It is also analyzed how the arbitration procedure is inserted in the current conjuncture of the system, considering that the most recent Labor Reform expressly authorized the use of arbitration to solve individual labor disputes, what are the advantages that this legislative change will bring in the field as well as what are the opposing ideas of this institute. Thus, through the exposition about the arbitration procedure, it was possible to evaluate that the application of arbitration as an alternative method in the resolution of individual labor disputes, in addition to being very well received in our legal system, is totally legal and constitutional and overcomes its main obstacle: the unavailability of individual labor rights. Finally, it was pointed out that although the use of arbitration in the context of conflicts of individual labor rights brings several advantages, since it is a legislative "innovation", there are still many challenges to be analyzed and solved so that the use of this institute does not harm the employee and does not violate labor principles.
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.
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.
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.
Foro por prerrogativa de função: uma análise voltada ao Supremo Tribunal Federal e a necessária alteração da garantia
(Centro Universitário do Estado do Pará, 2018-06-19) Tandaya, Vanessa Matos; Farias, Klelton Mamed de; Lima Filho, Eduardo Neves
This undergraduated thesis is scoped to analyse specific points of the broad debate which already occurs for decades about the legislative immunity. The work starts showing how this Institute was introduced in the Brazilian legal system, how was your scope and what are the reasons that led the Brazilian constituent increase significantly the list of beneficiaries by parlamentary immunity. Therefore, explains himself about problems arose on the subject and that had to be discussed by the Brazilian Supreme Court since this has the scope of the guardian of the Constitution, notably to both landmark and three very important judged that somehow changed the understanding which had about the Institute. Parses the arguments used by scholars to defend the maintenance of the legislative immunity, as well as to defend the exclusion of warranty of the Brazilian legal system. I thought important to bring practical examples also experienced currently by the judiciary, and, specifically, for example, demonstrating the accumulation of procedural situation experienced by the Supreme Court, generating, by as a result, prescription and impunity. Finally, I express my critical thinking about the debate, as well as a possible workaround to the problem.
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.
A portaria nº 1.129/17 do Ministério do Trabalho como afronta ao combate do trabalho escravo
(Centro Universitário do Estado do Pará, 2018-06-19) Silva, Gabriel Margalho; Bentes, Natália Mascarenhas Simões; Brito Filho, José Cláudio Monteiro de
All over the history of the world. We have experienced the most diverse types of slavery, which the biggest highlight goes to the black slavery during the colonial period Americas. Following the way of slavery, Brazil, for a long time, has used the black slavery as it’s principal kind of labor, that is why Brazil has become one of the last countries in the world to abolish it. However, either in Brazil as worldwide the slavery has not finished at all. The slavery has taken new forms and ways of disguised executions, making countries, with the support from international organizations, have created rules and targets for an efficient fight against slavery. In Brazil, there has been a growing expansion of rules to achieve one effective protection of a hard-work man, with the purpose to ensure the decent work. However, in 2017, the Ordinance n. 1.129 from Ministry of Labor has meant a change on the fight against slavery at Brazil, which has brought a big setback, and also an affront to the rights and fundamental guarantees secured on our Constitution.
Guarda compartilhada com os avós em famílias monoparentais
(Centro Universitário do Estado do Pará, 2018-06-20) Cordeiro, Samuel Cardoso Nunes; Carvalho, Bruno Brasil de; Rocha, Karen Richardson
This monograph deals with the problematic of the grandparents and grandchildren relationship on current conjuncture of Brazilian law, passing through the current logic of affectivity as guiding of family relations. The discussion begins with guardianship, about wich one fits better the interests of the children, due to the progression suffered by law in recent years and especially on the last ten years with shared custody laws (Law 11698/08 and 13.058/14).That is followed by a debate on the rights e responsibilities between grandchildren and grandparents, based on the new relevance of the complex reality of Family Law today, with the new ways of creating a family and focus on the individual freedom of the people. Lastly there is a debate about the numerous kinds of familys brought to us by the 1988 Constitution, focusing on the defense of the minor and a possibility of application of shared custody of minors between grandparents and single parent.
A valoração do início de prova material da atividade campesina
(Centro Universitário do Estado do Pará, 2018-06-20) Silva, Carlos Eduardo Alves da; Moreira, Allan Gomes; Chaves, Krystima Karem Oliveira
The objective of this study was to analyze the reason why the jurisprudential positions has been so divergent about the qualification of the probative set as a "beginning of material proof". It was a monograph, coming from a bibliographical research of description of the doctrinal, legislative and jurisprudential positions on the proposed subject. On the other hand, in order to apply the results of the bibliographical research, we sought to analyze empirically the case law of the Federal Court of Appeals PA / AP. aiming identify the parameters used by magistrates in the assessment of evidence. To fulfill this purpose, some sources of information have been used, especially the books, scientific articles and sites that use jurisprudence. In this research, we analyzed the origin of the “Segurado Especial”, listing the specific points that shape this work regime, the particularities related to their access to the Social Security Benefits Plan, as well as, the proof of the pertinent requirements to quality of insured person and the respective lack, this is because, the specific rule of this kind of insured has different methods from the others insured of the General Social Security System. From then on, the jurisprudential analysis was compared, comparing the understandings adopted by the Court of Appeals PA/AP, in relation to the understandings of the higher courts, such as STJ and TNU. Finally, it has been shown that contrary to what is established by law, judges have been giving much more importance to documentary evidence, to the detriment of testimonial evidence, which should be the key point of probationary evidence. On the other hand, there was a recurrence of chronic problems related to trial pricing by case law and the creation of a stereotype about the “Segurado Especial”, which does not comply with the relevant legislation, so a significant number of judicial decisions are based on arguments often authorities that disregard the legal relationship of this worker.
A imputabilidade penal dos psicopatas à luz do ordenamento jurídico penal brasileiro
(Centro Universitário do Estado do Pará, 2018-06-20) Moura, Heitor Pereira de; Farias, Klelton Mamed de; Pereira, Débora Simões
This undergraduated thesis is scoped to analyse the penal imputability of criminals diagnosed as psychopaths. The work starts showing the evolution of the theory of culpability, defining its concept and focusing on one of the elements that constitutes it, the imputability. Therefore, a study is done about the figure of the psychopath, utilizing the support of psychiatry and psychology, analyzing the concept of psychopathy, it’s unique aspects and the relation existing between psychopathy and crime. It is intended to analyse the culpability capacity of psychopaths, if they should be judged imputable, semi-imputable or unimputable. It was necessary to bring examples of practical order experienced by our judicial power, to show the response given by our legal order to these individuals. Lastly, I show my critical position about the debate, as well as a analysis about the measure adopted by our magistrates due to the failure of Brazilian legislation in dealing with cases involving psychopaths.
A responsabilidade civil das instituições financeiras pela concessão abusiva de crédito consignado ao consumidor
(Centro Universitário do Estado do Pará, 2018-06-20) Santos, Renara Damasceno dos; Oliveira, Felipe Guimarães de
This paper aims to characterize the process of civil accountability of banks and financial institutions inregardsof granting payroll deductible loans. It will focus on the concept of objective civil liability and how it fits within the scope of financial transitions, such as the granting of payroll deductible credit, to this end it will be defined as well as characterize , in judicial terms, the responsibilities attributed to the organizations that provide such service. It will be demonstrated, by the end of this research, that clients, applying for payroll-deductible loans, could be involved in many financial and moral problems, among them, overindebtedness, which is a growing phenomenon in Brazil, given the ease of the process. However, what companies generally do not make clear to customers are the risks they incur when adhering to credit. Thus, as a way to protect the customer, the Consumer Protection Code establishes the banks and financial institutions as directly responsible for the risks incurred by customers, and must be held financially responsible for the damages that the service may incur. This research has a bibliographic character, following the hypotheticaldeductive method, which, explains the hypothesis and then develops a conclusion about the studied subject.
Relato de pesquisa: a verdade no processo penal sob a perspectiva da hermenêutica gadameriana
(Centro Universitário do Estado do Pará, 2018-06-20) Azevêdo, Maria Carolina Braz da Silva; Lima Filho, Eduardo Neves; Neves, Rafaela Sena Teixeira
This is a research report made during the Law course at the “Centro Universitário do Estado do Pará - CESUPA”, since the second semester with the discipline of “Introdução ao Estudo do Direito II” and is still in continuity. The research aims to discuss aspects of criminal procedure law in a perspective of constitutional guarantees from the point of view of hermeneutics, based on the theoretical reference of Hans-Georg Gadamer, in order to propose, through a discussion of philosophical theoretical aspects, solutions for practical problems of rights violations in criminal proceedings. As a result until this moment, we have obtained the publication of an article in the “Revista de Estudos Criminais”, wich has “Qualis A1”.
A tutela coletiva do consumidor de energia elétrica: uma análise acerca da atuação da Defensoria Pública do Estado do Pará nesse contexto
(Centro Universitário do Estado do Pará, 2018-06-20) Costa, Ana Victória Mendes da; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138; Soares, Dennis Verbicaro
This work has the objective of analyzing the collective protection of consumer rights of electric power in the State of Pará under the perspective of the Public Defender's Office in this context. In this sense, the present research has demonstrated the legitimacy of the defendant in collective actions in defense of the consumer, also highlighting the importance of their functional autonomy for the collective process. In addition, it sought to explain the categories of trans-individual rights with exemplifications in consumer law. Next, the possibility of out-of-court settlement of conflicts involving trans-individual rights was analyzed, especially the conclusion of the conduct adjustment agreement signed between CELPA and Public Defender of the State of Pará (DPE / PA), which was also the subject of a critical analysis regarding its clauses and subsequent discussion on the feasibility of filing collective actions for issues not addressed in said adjustment. Finally, the results obtained after the conclusion of the aforementioned conduct adjustment and the challenges that still have to be overcome for the effectiveness of this collective tutelage were presented.
Empreendedorismo à luz da multidisciplinariedade vivenciada por meio da extensão acadêmica: relato do projeto "Desafio Cesupa", no NIEJ, no período de 2015 a 2017
(Centro Universitário do Estado do Pará, 2018-06-22) Lopes, Victor Tavares de Souza; Neves, Rafaela Sena Teixeira; Pamplona, Karla Marques
From the innovation concepts in the higher education, the current research has the objective to narrate and analise, with basis on practical life experiences acquired during the academic extension programme at CESUPA, in the period of two years – 2015 to 2017. As a member and coordinator of the Project “Desafio Cesupa” – a programme that aims to foster entrepreneurship in students from middle schools in the State of Pará –, from the “Núcleo Integrado de Empreendedores Juniores (NIEJ)”. The relevance and wins – personal and professional – inherant to the life of those whon put themselves through the challenging universe of extendend university roles. Due to the demands of the Market, professionals with skills, atitudes and technical knowledge have become necessary due to the constant changes that society suffers. Thus, this report demonstrated that academic extension was the most effective way to provide gains such as: ability to speak in public, lead, acquire emotional intelligence, innovation in the elaboration of legal pieces and networking.
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.
A força vinculante dos precedentes no CPC/2015: uma análise acerca da sua (in) constitucionalidade
(Centro Universitário do Estado do Pará, 2018-06-25) Cruz, Breno José Antonio Góes; Silva, Adelvan Olivério; http://lattes.cnpq.br/8410285154382694; Pereira, Bernardo
Among the changes introduced by the new Code of Civil Procedure (CPC / 2015), which came into force in 2016, we highlight the creation of a new system of binding precedents, reflecting a contemporary trend of approximation between Common Law and Civil Law systems. The undeniable valuation of precedents, evidenced mainly in Articles 489, 926, 927 of the CPC, is justified as a measure capable of overcoming a framework of uncertainty and insecurity arising from conflicting decisions, materializing fundamental rights such as legal certainty and isonomy. However, for some, under arguments materially accepted by the Constitution, the new precedent system introduced by CPC / 2015 was built without specific support in the Federal Constitution, when legislating on constitutional matter, which is why part of the doctrine diverges about its constitutionality . In the face of the insurrection, this monograph aims to analyze the main criticisms that the system of binding precedents instituted by the CPC / 2015 suffers, through this, by the theory of Judicial Precedents and by the study of the Control of Constitutionality, in order to finally position ourselves on of the problem.
Sociedade de economia mista: análise conceitual com base no poder de controle das S.AS. e sua repercussão no conceito do Art. 2º, II da Lei de Responsabilidade Fiscal
(Centro Universitário do Estado do Pará, 2018-06-26) Norat, Leonardo Costa; Oliveira, Fabrício Vasconcelos de; Duarte, Bruno Ferreira Montenegro
The works’ object are the Mixed Economy Companies, by the conceptual point of view, about those juridical personality, the activities developed and the juridical polity applied on, taking in consideration that those entities are part of Public Administration which objective is to achieve public interests. For that, this research is based on the shareholders controlling power existent at the Anonymous Companies, because those ones are submitted by Commercial Law, in consequence of its structure formed by public and private capital. Beyond that, this study has the scope of showing which are those corporations’ elements, emphasizing the essentiality of the asymmetric State participation as a shareholder at its’ management, what takes to a cognitive expansion about its concept, on the way to clarify that the shareholding capital, belonged to Public Power is not enough to characterize that kind of company. Besides, as a problematic point, the review approaches controlling powers’ restrict interpretation rebound at Fiscal Responsibility Legislation principles and enhance the importance to adopt an embracing notion about that juridical person.

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