Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional

URI Permanente desta comunidadehttps://repositorio.cesupa.br/handle/prefix/9

Navegar

Agora exibindo 1 - 20 de 126

ICMS ecológico e desenvolvimento: análise dos estados de Rondônia, Tocantins, Ceará e Pará
(Centro Universitário do Estado do Pará, 2014) Oliveira, Adriano Carvalho; Merlin, Lise Vieira da Costa Tupiassu; http://lattes.cnpq.br/5599627735526045; Scaff, Fernando Facury; http://lattes.cnpq.br/3214760192523948; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356
The Ecological Value-added Tax (VAT), as a budgetary policy, influences the share of the VAT that is redistributed from the States to the municípios, based on standards defined in State Laws.The Pará State, recently, enacted the Ecological VAT through State Law n. 7.638, July 12th, 2012, regulated by the Decree n. 775, June 26th, 2013. This work aims to evaluate the possible contribution of this policy to the development of the State of Pará. In order to do that, we adopted the meaning of development as of a fundamental right, secured by our Federal Constitution of 1988, also based on the conjugated theories of Amartya Sen and Ignacy Sachs, resulting in the highlight of three core dimensions of development, the economic, social and environmental. From the experiences of other States of Brazil, Ceará, Rondônia and Tocantins, steps of analysis of the Ecological VAT laws, and the criteria of VAT redistribution defined by those laws, were created, so that it can be verified, in a presumptive manner, all possible reflexes of this policy in the dimensions of development. According to the analysis carried, the fixation of the more elevated redistribution percentage associated with determined standards tend to be more effective in terms of the positive impacts created on the dimensions of development achieved by them, in lieu of the pulverization of standards (and corresponding redistribution percentage). Thus, the policy of the Ecological VAT in the State of Pará stands apt to promote development, particularly the environmental dimension, on account of the elevated redistribution percentage of VAT directed to it.
O uso dos precedentes judiciais no brasil: uma análise crítica a partir da teoria do direito e da argumentação jurídica
(Centro Universitário do Estado do Pará, 2014) Lima Filho, Eduardo Neves; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460
Gradually, we see the closeness between the legal systems of common law tradition and the civil law tradition, a true fusion occurring between these traditions. In other words, increasingly we see continental law working with judicial precedents and common law allocating matters to be regulated by laws or codes. The Brazil, despite unquestionably being a country of civil law tradition, each day begins to give more importance to judicial precedents, however, apparently without concern for the consolidation of institutions and mechanisms underlying a theory of judicial precedent. In this context and based on the democratic rule of law and concern for the protection and enforcement of fundamental rights of the democratic state and the containment of state arbitrariness, especially the arbitrariness in the Judiciary, we will seek to answer the question of whether the incorporation of a theory of judicial precedents in the Brazilian legal system corresponds to mere procedural technique, which may or may not be present in the legal system, aiming, among others, to speed up the judicial or corresponds to democratic requirement in the rule of law and has significant role in the system legal, independently of legal theory adopted, considering that these always relate to a theory of legal argument, which is anchored to some degree on a theory of judicial precedent. To do this, this paper will be the bibliographic research, among which the analysis of the works of Ronald Dworkin and Neil MacCormick, especially with regard to their contributions to the development of legal arguments in the context of judicial precedent.
A certificação ambiental como instrumento de política tributária em busca do desenvolvimento sustentável
(Centro Universitário do Estado do Pará, 2014) Cardoso, Dayanne Brenna Campos dos Santos; Merlin, Lise Vieira da Costa Tupiassu; http://lattes.cnpq.br/5599627735526045; Scaff, Fernando Facury; http://lattes.cnpq.br/3214760192523948; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356
This thesis is intended to study public policies that promote sustainable development in Brazil, considering the complexity of ecological problems in the Brazilian territory, which hinder the achievement of not only environmental sustainability, but also economic and social development. Most existing environmental instruments cannot cope with the ecological problem satisfactorily, which brings the necessity combination of two or more possible strategies. Considering the peculiarities of the Brazilian society, it is believed that the joint use of environmental taxation and ecocertification can be very positive. Trying to answer whether environmental certification can contribute to the construction of an environmentally oriented national tax policy, it was concluded that certification can be used as a parameter for the variation of the tax cost of products and / or services, so that the certified activities have a reduced tax cost, while not certified activities may have a surplus on its tax cost. Therefore, it is necessary to implement an environmental certification used throughout the national territory, in order to standardize the tax-environmental policies. Despite the need to create a National Tax and Environmental Certification in Brazil, this process cannot be immediate, since such a policy still needs to overcome some limitations.
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 precificação dos serviços ecossistêmicos e o pagamento por serviços ambientais
(Centro Universitário do Estado do Pará, 2014) Ribeiro , Maria Leopoldina Coutinho da Silva; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Benatti, José Heder; http://lattes.cnpq.br/0592012548046002
This dissertation aims to study the pricing of ecosystem services as a means of enabling a system of payment for environmental services, considering the assumption that environmental services have quantifiable economic value. Public policies of command and control have not been able to solve the environmental problems alone satisfactorily, requiring a combination of other strategies such as the economic instrument payment for environmental services. Considering the peculiarities of Brazilian society it was realized that, despite the importance of imposition instruments in the environmental field, the ability to provide other means of which men can serve to pursue sustainable development is mandatory. Payment for environmental services – a market instrument - seeks to encourage those who maintain an environmental service. It has already been used in some countries that have adopted this economic instrument in order to improve, restore or preserve environmental services including Costa Rica, New York and Mexico, whose experience was analyzed in this study. It presents relevant definitions of environmental services and the main species of these services where most of the payments for environmental services are included. It also examines the central ideas of the principles that relate mostly to the payment for environmental services: the user-compensator principle, the polluter-compensator principle and protector-incentive guided principle. It was, similarly, discussed the Bi o. a its additions to establishing a National Environmental Services Policy.
O combate ao trabalho infantil no estado do Pará: o redesenho do Programa de Erradicação do Trabalho Infantil (PETI) e a sua efetividade
(Centro Universitário do Estado do Pará, 2014) Rodrigues , Marcella Regina Gruppi; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769
This study has the scope to conduct an investigation regarding child labor in the state of Pará, seeking their causes, for from them, analyze the main national character of public policy to combat child labor, the National Program elimination of Child Labour (PETI), in order to ensure that it is able to achieve its eradication in this level of government. To achieve this goal, face will be, initially, the origins of child protection, addressing the childhood conception in our society, leading to the spread of rights to children. Since then, will be to analyze the existing legal framework in the country for the protection of children and adolescents, especially regarding the right to early non-working. In order to assert the causes of this form of labor to be present, intensely, in the state of Pará, in spite of existing legal protection, the work will address the economic formation of the Amazon, relating the specificities resulting from training to the numbers of child labor in the state, therefore, will be used - in social indicators and made available by the census. Analyzed early labor in Pará, will be going to discuss, specifically, of the Child Labor Eradication Program, after its redesign in order to check that it is able to achieve the eradication of child labor in this state, and to ensure human development.
“O horizonte da significação” do conceito de família a partir da ADPF - arguição de descumprimento de preceito fundamental n° 132-STF
(Centro Universitário do Estado do Pará, 2014) Rocha, Karen Richardson; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435
The man before understanding oneself as an autonomous and riddled with subjectivity, needs to understand yourself plus numerous identities, both socially and culturally constructed as inherited, and then build your own horizon. This means that the understanding of a historical event - the passage of the Family Institutionalized for a family seated in Subjectivity and Affection - for that is more contemporary and nailed by an abrupt disruption paradigm, will never be considered maiden. This is because human identities emerge, albeit unconsciously, the past, we are closely connected by the link of tradition be it cultural, linguistic or historical. Thus, legacy biases are loaded and formed by tradition, disclosed in the language and transmitted from generation to generation, i.e., is not lost in time nor in space, only resignify to monitor human dynamics.
Água: um direito humano fundamental multidimensional
(Centro Universitário do Estado do Pará, 2014) Dias, Felipe da Silva; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Brito Filho, José Claudio Monteiro de; http://lattes.cnpq.br/7823839335142794
The genesis of this study is to support the dimension of essentiality of the recognition of water as a multidimensional fundamental human right. To support this understanding, it was initially presented supported by the national and foreign doctrine, an analysis of existence and/or immersion of planet Earth in a severe environmental crisis, which, among other consequences, also caused a water crisis, imposing to mankind the great challenge of overcoming the lack of accessibility to water for human consumption, considering the indispensability of this good to life in general, also asserting the importance of law as an instrument of control. Then, it is demonstrated by the example of the right to an ecologically balanced environment as a recognized fundamental human right, the possibility and plausibility of supportingbased on the constitutional clause opening, likewise, the existence of a fundamental right to water, emphasizing, however, the theoretical weakness of this defense from the perspective of legal positivism. Moreover, adds the theory of legal principles as developed by Ronald Dworkin, in order to demonstrate that the fundamental human right to water must be understood and treated as a legal principle and not just a legal rule, highlighting the differences in complexity and applicability of these distinct legal standards. Later, based on the theory of fundamental rights as formulated by Robert Alexy, highlighting the theoretical possibility of establishment, to depend on the practical case, the precedence relationship between the various existent fundamental rights, whether in the form of principles or rules. Lastly, is presented, based on global and regional data, the strict connection between the fundamental human right to water and others concretely recognized important fundamental rights, to support the precedence relationship of the undamentality of water for the realization of otherfundamental rights, helping to demonstrate the relevance of the recognition and realization of the fundamental human right to water.
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.
Igualdade formal e segurança jurídica nas decisões judiciais em ações coletivas para fornecimento de medicamentos: um estudo de casos da Seção Judiciária Federal do Estado do Pará
(Centro Universitário do Estado do Pará, 2014-11-28) Pereira , Leonardo Fadul; Dias, Jean Carlos; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Silva, Beclaute Oliveira; http://lattes.cnpq.br/2567266014708590
The social rights are in the 1988 Constitution and they are fundamentally ensured by the positive provision and the relation to the constitutional value and objectives to attend the human dignity principle. Formal equality as a constitutional value must be the way to accomplish social rights by the Government. When individuals are of the same judicial position, they must avoid unequal treatment. Public health is a citizen right and it is necessary for a good life, which includes medicament treatment. It is essential for the human cure and recovery to be offered by the Government as a social right obligation. The present study attempts to demonstrate the unequal treatment between the individual and the collective in some judicials decisions in medicaments class action in the Federal Judiciary Section of the State of Para. The technical for this research were to study cases from this particularly Federal Justice that involved medicaments class action during the years of 2011 through 2014. The results brought that the judicials decisions researched partially violated the fundamental social right to remedy assistance. In conclusion, from the point of view of the judicials decisions balance, the social fundamental right to remedy assistance were partially respected when provided it to an individual, but not respected this right when did not provided it to the collective, according to the constitutional positive prescription about the fundamentals rights.
Mobilidade urbana e federalismo: repartição de competências em matéria de transporte público coletivo no município de Belém
(Centro Universitário do Estado do Pará, 2015) Rendeiro , Carla Blanco; Cichovski, Patrícia Kristiana Blagitz; http://lattes.cnpq.br/8940927801366003
The present work aimed to analyze the distribution of competences between the entities of Brazilian federation arranged in the Federal constitution of 1988 in particular, the urban competences related to urban mobility and urban public transport, in order to demonstrate how the issue affects the joint actions of governmental entities in Belem township. The actions aimed the execution of mobility in the cities, especially those aimed at motivating the use of collective public transport, are understood as public functions. In the exercise of these functions, the governmental entities should identify their respective competences to legislate about the issue and implement the necessary actions for development observing the constitutional and infra-constitutional principles and rules. Thus, it was identified, first , the origin of the term urban mobility and its current concept, by inserting it in the context of urbanization and metropolization of the country, showing that the current definition widespread in Brazil from actions of the Federal government in 2003, is not restricted to the legal concept and it is inserted in a bigger context that requires the participation of the public power to ensure that the movement of people and goods occur efficiently , safely, physically accessible , financially and sustainable in order to provide the social function of the city and, therefore, a better quality of life for people. It was also done, an analysis of Federalism and about the formation of the Federal Brazilian state to identify the general situation of the distribution of competences in matter of urbanistic and in urban transport and, from this analysis , reach the diagnosis of the performance of municipal, state and federal governments in Belem township , while head of the metropolitan region in actions aimed at improving the urban and metropolitan transports , implementing the constitutional order to exercise their common and competitive competences in a coordinated and cooperative way.
A periculosidade para a imposição, manutenção e cessação da medida de segurança: um estudo empírico no Hospital de Custódia e Tratamento Psiquiátrico do Pará
(Centro Universitário do Estado do Pará, 2015) Barroso, Thais Souza; Darwich, Ana Christina Borges Leal; http://lattes.cnpq.br/4919094925608660
The Brazilian criminal law has two forms of state compensation to a criminal offense committed, the application of the penalty and the security measure of the levy. Attributable to the individual, it is up to the imposition and enforcement of deprivation of liberty or restriction of rights, since the mental patients, and therefore untouchable, it is the security measure of compliance in the form inpatient or outpatient. The security measure is the instrument used by the law as a means of submitting patients with mental disorders to appropriate treatment, since the occurrence of the criminal offense was due to the particular pathology involvement and therefore are considered dangerous. However, given the close relationship between medicine and the law is difficult to understand what the concept of dangerousness used by expert forensic psychiatrist who considers the mad offender. This study aims to discuss the concept of dangerousness released in expert reports used to establish, maintain and verify the cessation of danger these individuals in order to prevent safety measure is just a way to deprive the freedom of mental patients of indeterminate form. For this, an empirical research was conducted at the Hospital for the Custody and Psychiatric Treatment of Para, in January-November 2014, especially with the case study in a running process where the security measure is already running since 1999 without that until the completion of the survey, in 2015, the report had not certified the termination of danger. The case study reveals the inapplicability of psychiatric tests for quantifying the danger, concluding, solely, for its maintenance based on the establishment of a single contact with the mentally ill, injuring the basic constitutional principles established by Magna Carta.
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.
O Cadastro Ambiental Rural (CAR) como instrumento de informação e monitoramento da reserva legal no estado do Pará
(Centro Universitário do Estado do Pará, 2015) Silva, Danielle Fonseca; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137
The right to an ecologically balanced environment has as a plaintiff the community and also to the Government, in which both must promote their protection through public policy and environmental awareness, that would be exercised through the free access to environmental information that would ensure participation popular in state decision-making processes. In this sense, this research sought to contribute towards the defense of the access to the right to an environmental information through the Rural Environmental Registry (RER) and the Legal Reserve in the context of the current Forest Code scenario in the State of Pará, with analysis of the legal relation between these and information systems, to attend the right to environmental information. For this, was held bibliographic research about the construction of environmental information as a principle and located in the Brazilian legislative scenario. Analyzed the new treatment of the legal reserve by the current Forest Code and its representation in the State of Pará and was evidenced the discussion about the legal exemption of its registration in the Register of Deeds when performing the RER. Has been found that the legal reserve is the subject of two environmental information systems, as RER and the Register of Deeds, where both have environmental feature and can live together harmonically to fulfill the right to environmental information. It was also discussed that there are two information systems that composed the RER, the Rural Environmental Registry System - RERS, nationwide, and the Integrated System of Environmental Monitoring and Licensing - SEML, use at Pará, where it's observed that the RERS is a closed system for the access to environmental information by society, not allowing the query without restrictions, unlike SEML, which meet with the necessity of environmental regulations at the State of Pará and also the free exercise of the right to access to environmental information and, consequently, the right to an ecologically balanced environment.
A objeção da consciência do médico em sua relação com o paciente
(Centro Universitário do Estado do Pará, 2015) Koury, Adilon Passinho; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435
Conscientious objection is a form of resisting to lawful command whose determination attacks the most intimate individual sphere. Originated from the fundamental rights to freedom of thought and freedom of religion, conscientious objection is evaluated in this study as an application by the doctor within their professional relationship with the patient. From the ideal of virtue of the Aristotelian tradition, revitalized by MacIntyre, the doctor's objection is discussed in the context of Western medical tradition and bioethics discussion, particularly according to the ethics and morality of internal medicine, and also in relation to the concept of Well, understood here as the objective pursued by the doctor and the patient in performing a medical treatment. This paper analyzes the legal form and the applicability of the doctor's conscientious objection, in addition to its limitation to protect the two elements of the doctor-patient relationship. Conscientious objection is studied as a fundamental right of the physician in the exercise of their profession, which is able to protect harm to his conscience in the face of his professional obligations and patient autonomy when there is irreconcilable disagreement between their beliefs and the needs and desires of patient regarding the treatment to be established.
Os precedentes judiciais como forma de superação da crise de tempestividade na prestação jurisdicional brasileira: em busca da razoável duração do processo
(Centro Universitário do Estado do Pará, 2015-04-09) Pereira, Bernardo Augusto da Costa; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Góes , Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
This study aims to demonstrate the relevance of judicial precedents to overcome the timing crisis in adjudication, by which the Brazilian Judiciary goes by. Therefore, the legal traditions of civil law and common law are briefly analyzed, with greater focus on the latter, in order to demonstrate the approach that occurs between such legal families, and that there are no barriers to the use of judicial precedents by affiliated countries to the Roman-Germanic tradition. It is also studied the theory of judicial precedents, being defended a hermeneutic and dialectical conception of these institutions, as well as favorable arguments for their use. In the same way, the essential elements for a proper understanding of the theory of judicial precedents, besides the revocation techniques, are target of specific analysis. The neoconstitutionalist and neoprocessualist conceptions that start to affect the Brazilian Judiciary after the advent of the Constitution of the Republic of 1988 are target of attention in the same way that the arguments against the adoption of judicial precedents in Brazilian law. Then, due to the expansion of techniques of judicial decision’s binding, understood as part of a public policy in favor of reasonable duration of the process, the institutes of binding summary, general repercussion and the New Code of Civil Procedure, with focus on the incident of resolution of repetitive demands, are object of careful study. Finally, in order to deepen the quality of application of judicial precedents in the Brazilian law, it is studied the theory of Ronald Dworkin, with greater focus on law as integrity. It is concluded that the judicial precedents, if well managed, are able to promote an increase in quality of judicial decisions, and also assist the Brazilian Judiciary to achieve the reasonable duration of the process and, hence, the due process of law.
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 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.
Entraves jurídicos à regularização fundiária individual no estado do Pará: legislação fundiária paraense
(Centro Universitário do Estado do Pará, 2017) Azevedo, Flávio Ricardo Albuquerque; Fonseca, Luciana Costa da
This work presents initially the conjunction of the theories of Ignacy Sachs and Amartya Sen, which resulted in three basic meanings for achieving economic, social and environmental development. Demonstrating that the investment in public policies of land regularization, in mainly agrarian regions, such as in the State of Pará, contributes to development. After presenting the theoretical source that underlies the present research, it aims to identify and present solutions to the main legal obstacles to individual land regularization in the State of Pará, because, once faced, land regularization can be carried out, thus contributing to the development. For purposes of a didactic analysis, the legal barriers were divided into interpretative, administrative and jurisdictional, and legislative. Being the first focused on the decisions made in the administrative processes that are processed within the legal framework of the Land Institute of Pará (ITERPA); As well as for decisions rendered in the Judiciary of Paraense, mainly by agrarian sticks. In both cases, instead of helping to alleviate the chaos of Pará land, they are based on extremely positivist and conservative reasons, causing more obstacles. Regarding the legislative obstacles, this is related to the omissions in the regulations of procedures, carried out by the main actors involved in the management of land regularization, both in the executive and legislative spheres. For all the obstacles, opinions were expressed on the juridical path to be followed (always with understandings for land regularization) in order to achieve its purpose - development of the State of Pará.
O princípio da cooperação e a responsabilidade dos entes da federação sobre a gestão de resíduos sólidos: análise da região metropolitana de Belém-PA
(Centro Universitário do Estado do Pará, 2017) Cardoso, Adriana Luna; Fonseca, Luciana Costa da; Dias, Jean Carlos; Oliveira, Maria Cristina César de
In the face of industrialization process, mass production and consumption were obtained, generating, consequently, an increase in the volume of solid waste. What causes environmental impacts to the planet. With the advent of the National Policy on Solid Waste nº 12.305/2010, there was an important gap in the Brazilian environmental legislation. But, the proper management of solid waste is a great challenge that needs to work together between the different spheres of public power, the business sector and the community, according to the principle of cooperation. The purpose of this dissertation is to investigate the criteria of competence distribution and the responsibility of the federation entities, in the hypothesis of the creation of Metropolitan Regions, in view of the principle of cooperation. It analyzes the controversy around the distribution of competences for the provision of basic sanitation services, and in particular, solid waste disposal by agglomerated municipalities, and compliance with the principle of cooperation among the entities of the federation for shared participation aiming at Management of solid waste. The research uses the experience of the metropolitan region of Belém to apply the theoretical analysis and concludes that the responsibility is shared among the actors involved, but it does not prevent the individualization of objective civil liability to agents that perform behaviors harmful to the environment.

Navegar

Navegando Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional por Data de Publicação