Dissertação

URI Permanente para esta coleçãohttps://repositorio.cesupa.br/handle/prefix/12

Navegar

Agora exibindo 1 - 20 de 22

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.
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.
O direito à saúde e a emenda constitucional nº 95 diante da regra da proporcionalidade
(Centro Universitário do Estado do Pará, 2017) Alves, José Antônio de Oliveira; Bastos, Elísio Augusto Velloso
This dissertation approaches the rule of proportionality as an instrument to solve the specific conflict between Constitutional Amendment No. 95, which prevents the increase of expenditures, proposed by the Government to rebalance the public accounts and resume economic growth, and the constitutional right to health. Faced with the economic crisis, although the State is obliged to take some measures to overcome the problem, it is necessary to reflect whether such measures justify, for its execution, the production of some damage to fundamental rights, especially the right to health, due to its Importance in the constitutional context. For the management of the rule of proportionality, Aharon Barak's approach was chosen, needing a previous theoretical discussion of the theory of principles and the elements of proportionality, comparing his approach, especially to that of Robert Alexy, one of the foremost professors on the subject. To understand the background of the conflict, we discussed the meaning of the constitution and its objective to constitute a State of Social Welfare within a context of economic neoliberalism, symbolized by the Washington Consensus. When propperly applying the rule of proportionality, to solve the conflict, many economic elements were analyzed, based on research related to the theme, carried out by several authors both internationally and nationally. The conclusion drawn from the rule of proportionality, applied with the help of economic elements, was that constitutional amendment 95 is disproportionate, having, as a result of the study of tax multipliers, little possibility to fulfill the objectives assigned to it by the State, and under the social cost of producing great harm to the right to health. The conclusion also showed that there are other alternatives, such as the suspension and auditing of the Brazilian public debt and the regulation of the tax on large fortunes, which when compared with the constitutional amendment nº 95, have been shown to be more likely to achieve the intended state purposes to rebalance the public accounts and help the resumption of growth, and, at the same time, without damaging the constitutional right to health.
Os sindicatos no Brasil e o modelo de democracia ampliada
(Centro Universitário do Estado do Pará, 2017) Mendes, Felipe Prata; Koury, Suzy Elizabeth Cavalcante
This work generally aims to investigate, in light of the union organization model adopted by the Federal Constitution of 1988 and through a review of the dynamics perceived in the union relations in Brazil, if restoring the unions’ reclaiming power can be achieved through a model of expanded democracy. In order to accomplish the settled purpose, the historical events that made the route of unions in Brazil will be analyzed, so revealing how the power relations inside unions were built. Next, the basis of the extended democracy model will be presented, which include necessarily a review of the idea of politics, connected to the strategies developed toward the construction and maintenance of power relations. Facing the proposed research problem requires analyzing the Brazilian union organization model, dinstinguished by union singleness, unionization by category and compulsory checkoff. Conclusions claim the necessity of promoting an union reform, bringing union relations closer to an extended democracy perspective, which must be accompanied by the mobilization of workers, who are the most interested in its construction inside union interactions. This research is theoretical and its methodology is literature review.
O poder judiciário como indutor de políticas públicas de saúde
(Centro Universitário do Estado do Pará, 2017) Barros, Elaine Cristina Lopes; Dias, Jean Carlos; Brito Filho, José Claudio Monteiro de
This master’s thesis proposes a study about the Judiciary’s role in the creation, formation and implementation of public health policies. It demonstrates that the Public Power through public policies must guarantee the health to all citizens, and that, from the transforming role of the Judiciary, as part of a democratic-participatory State, if the State, by means of other Powers, refuses to provide this constitutional right, the population has the possibility to avail itself of the jurisdictional safeguards apt for the defense of the right to health for the realization of its Right, so that the means necessary for its dignity are guaranteed. In these terms, this Power has been led to adjust by means of decisions that oblige the Executive Power to attend to the litigant's claim, either by providing him with medicines or by offering the opportunity to perform exams, surgeries and treatments. It is known, however, that such participation runs against various interests resulting from the principle of separation of powers, from administrative discretion, as well as from obstacles to its implementation by economic and financial claims, as well as from non-recognition of individual ownership of this right, and these arguments are usually managed to prevent or reduce said participation. It is evident in the study that none of these arguments is sufficient to limit the interference of the Judiciary in matters related to the right to health, so that such participation becomes necessary for this fundamental right to be fully guaranteed, according to several decisions made by the Federal Court of Justice. It is also evident that, although recently this Court has recognized the general repercussion in two extraordinary appeals that deal with the supply of high-cost drugs not available in the Unified Health System (SUS) list and drugs not registered in the National Agency of (ANVISA), where the votes cast by Ministers Barroso and Fachin have put in check all this expansion of the limits of the Judiciary, which is exactly in the need of protection of fundamental rights, is believed in a final judgment capable of allowing, by means of the arguments set out here and the decisions made previously by the STF, that this extension is not deprecated, since the achievement of the individual as a human being is the first objective of the State, which is why it must be fully and effectively guaranteed. Considering that the aforementioned extension should not be unrestricted, given the limits imposed by the rules themselves and in order to avoid any abuse of power, criteria capable of guiding judgments handed down by magistrates will be demonstrated.
Desenvolvimento rural da Amazônia oriental e Pronaf-Eco Dendê: reflexões sobre a política pública de incentivo à produção de biodiesel e à agricultura familiar no município de Tomé-Açu - PA
(Centro Universitário do Estado do Pará, 2017) Santos, Ricardo Thomaz; Reymão, Ana Elizabeth Neirão; Souza, Armando Lírio de; Koury, Suzy Elizabeth Cavalcante
This dissertation discusses the Program for Strengthening Family Eco-Agriculture for Palm (Pronaf Eco-Palm Oil) and its results for the worker in the Brazilian Amazon. Public policies such as focus encouraged the advancement of palm oil production (palm oil) in the region, and the Pará accounts for approximately 85% of national production. The overall objective of the research is to investigate what types of invigoration and development that palm oil production public policy for biofuels has led to family farmers, analyzing the Pronaf Eco-Palm. Tomé-Açu was elected as area of research, because the high participation of their farmers in that culture and the significant number of partnership agreements signed by this program. The palm culture has high participation in the local economy and good climate and soil conditions favor the development of palm oil palm and attracted large companies like Biopalma and Petrobras / Galp to the municipality. Its huge capacity made the city be chosen by the federal government to announce the Federal Program for Sustainable Palm Oil (PSOP), linked to the National Program for Production and Use of Biodiesel (PNPB) in 2010, reflecting the government's efforts to leverage this chain in the Amazon. In this context, palm oil has emerged as a great hope for the family farmer. Public policy promised significant income improvements for the workers and announced it is sustainable. But we can say that there is the strengthening of family farming through the implementation of Pronaf Eco-Palm in Tomé-Açu? This is the problem to be investigated by the dissertation. The methodology involves bibliographic and documental procedures, and field research, with the completion of semi-structured interviews with farmers who signed contracts with the Pronaf Eco-Palm in Tomé-Açu. In the end, it was concluded that this line of financing of Pronaf, contrary to what it promises, has not, in the current molds, been able to bring economic, environmental and social development, generating losses to the farmers, such as the indebtedness due to the financing obtained, environmental damages, resulting mainly from the use of pesticides, In addition an increase in social inequalities was observed, with the enrichment of the companies linked to the program, instead of the farmer
Política pública de educação para adolescentes infratores do estado do Pará e a realização do projeto de vida
(Centro Universitário do Estado do Pará, 2017) Silva, Gláucia Kelly Cuesta da; Brito Filho, José Claudio Monteiro de
The present study analyzes whether the public education policies aimed at professionalization aimed at adolescents who are responsible for infractions in the State of Pará, who comply with the socio-international measure, contribute to the achievement of their life project. To do so, it was necessary to tackle the problem from four thematic axes: education, understood as a means of emancipation and transformation of the human being; Socio-educational measure as a response of the public power to the transgression of the law; Existing public education policy for the recovery of socio-descendants and their reintegration into social life; And, finally, the project of life, determined in childhood and adolescence. Likewise, the information obtained from the socio-educators of the Centro Socioeducativo Feminino do Pará (CESEF) was used to establish the relationship between the vocational training received at the hospitalization unit and their life plans for post-compliance with the socio-educational measure. In order to achieve this goal, an initial analysis was made of the protection granted to the adolescent offender under the Brazilian legal system, with special emphasis on the socio-educational measure of hospitalization, given the empirical research conducted at CESEF. Secondly, education was analyzed as a mechanism of transformation and emancipation of the human being, in the light of Rawls's theory of equity, as a guarantee of the reach of the project of life and indispensable for the achievement of the objectives of socio-educational measures. From these subsidies, the analysis of the public policies of education for adolescent perpetrators of infractions of the state of Pará that carry out socio-educational measure of hospitalization, being emphasized the education with professional aims. In sequence, an analysis was made around the project of life and the way it gained importance in the study of law as a human good. Finally, it was sought to establish whether the provided professional education allows or not the achievement of the life project of these adolescents, leading to personal and professional achievement.
O nominalismo e a declaração universal dos direitos humanos: genealogia da generalização de valores dos direitos humanos
(Centro Universitário do Estado do Pará, 2017) Rodrigues, Bráulio Marques; Simões, Sandro Alex de Souza; Weyl, Paulo Sérgio Albuquerque Costa; Martins, Ricardo Evandro Santos
It deals with the generalization of values in the modern culture of human rights and, through a genealogical methodology in the light of Hans Joas, aims to establish an approximation of the scientific study of the Universal Declaration of Human Rights with nominalism, in particular, to the conceptions of Subjective right and conscience in Guillaume de Ockham. Because of the paradigmatic framework for modernity, the genealogical task begins with the exposition of the epistemological scenario of the Declaration of the Rights of Man and of the Citizen and, through a hermeneutical reading, conceives common philosophical presuppositions between the idealism of Enlightenment [or Enlightenment] And Nominalism. Then, regarding the critique and condition of universal values, recourse to the contribution of Guillermo de Ockham's thought to legal dogmatics. Finally, it presents an epistemological alternative to the repercussions of the debate between Nominalism and Realism in what refers to the attempt to conciliate the argumentative generalization with the configuration of universal values in the actuality of the scientific study of Human Rights.
O controle judicial do incidente de resolução de demandas repetitivas: reflexos perante a administração pública e um novo padrão de relação entre os poderes no constitucionalismo brasileiro do século XXI
(Centro Universitário do Estado do Pará, 2017-08-25) Neves, Felipe Portella; Araújo, José Henrique Mouta; Góes, Gisele Santos Fernandes; Dias, Jean Carlos
This research intends to analyze the influence of the decision of the Group Order Litigation, created by the Civil Litigation Code of 2015, over the public administration, mode specifically over the administrative bodies, organs and regulatory agencies that are affected by the formation of the legal thesis fixated in the respective incident, according to article 985, paragraph two of the Civil Litigation Code of 2015. With the inefficiency of the State to fulfill the functions incumbent on it, there is a perceptible increase in the judicialization, in which increasingly important issues are being decided by the Judiciary, especially when the legislature and executive cease to act or act unduly. On the other hand, the effect of the judicialization has generated the massification of conflicts, which generated the need to recognize rights with a predominantly collective dimension to contribute mainly to the treatment of the dissemination of individualized rights, which have homogeneity traits among them. However, the work will demonstrate that the collective mechanisms created by the legislations were insufficient to combat mass litigation of a homogeneous nature, failing to contain the multiplication of actions promoted in the judiciary, especially those originated by the same legal-factual question. Therefore, it was necessary, under the laws of Germany and England, to create, through the Civil Procedure Code (Law no. 13.105 / 15), the Incident of Resolution of Repetitive Demands to facilitate the processing and judgment of mass demands properly. This procedural instrument, however, because it has a strong binding character, before the judiciary and the public administration, has been questioned about the possible violation of the principle of separation of powers. In spite of doubts about its constitutionality, the present work will demonstrate that the incident seeks to break the traditional paradigm of separation of powers, based on the premises of Montesquieu, in as much as it proposes to achieve an integration between the powers (Legislative, Executive and Judiciary), through conciliation, communication and cooperation.
Microcrédito e combate à pobreza: uma análise da experiência do Programa Amazônia Florescer
(Centro Universitário do Estado do Pará, 2017-09-13) Lameira, Whalasy da Silva; Reymão, Ana Elizabeth Neirão; Leal, Ana Christina Darwich Borges; Santos, José Nazareno Araújo dos
The objective of this dissertation is to understand the possibilities and limits of productive microcredit oriented as an instrument to improve the conditions of access to credit for popular entrepreneurs and help to overcome poverty, given the relationship between credit and the right to development. The analysis are based on Amartya Sen’s theory, for whom development requires remove the sources of deprivation of liberty, poverty and the lack of economic opportunities and systematic social destitution. In this sense, it is argued that credit is not only important for entrepreneurs, but also for the achievement of their borrowers as subjects and, therefore, for the social and productive inclusion of the popular entrepreneurs, the target audience of the microcredit policy. A case study on the Amazônia Florescer Urbano (AFU) Program of the Banco da Amazônia was carried out, and beneficiaries of the Castanhal (PA) unit were interviewed. The results show that the program has been an important access to credit for many popular entrepreneurs who had never experienced the use of services and products offered by traditional financial institutions in the country. There have also been a number of important positive changes following this financing, both for business and for the living conditions of its beneficiaries, despite some limits for the activity to work to overcome poverty.
A justiça é eficiente?: discutindo a análise envoltória de dados (DEA) na avaliação dos tribunais de justiça estaduais brasileiros
(Centro Universitário do Estado do Pará, 2018) Cebolão, Karla Azevedo; Reymão, Ana Elizabeth Neirão; Puty, Cláudio Alberto Castelo Branco; Koury, Suzy Elizabeth Cavalcante
This dissertation aims to discuss the efficiency analysis of the State Courts of Justice carried out using the DEA methodology, criticizing the model used by the CNJ for its adoption. Although it is used to analyze the performance of productive units of traditional sectors of the economy, the DEA is still little known in judicial studies. The increasing difficulty of obtaining resources, especially in public budgets, puts pressure on public and private organizations for efficiency and the development of methods to measure it and thus help identify failures and propose improvements. This search reflects the legitimate social claim for the proper functioning of public management, pressing on the various powers of the Republic, including judiciary, from whom one expects the good performance of the judicial function of the State, that is, decide the conflicts and pacify social issues. Therefore, the speed, efficiency and effectiveness of judicial protection are highlighted by the importance of efficiency in the administration of justice. Does the study attempt to answer if, based on the DEA, it is possible to improve the calculation model of the IPC-Jus, used by the CNJ to measure the efficiency of the Brazilian State Courts of Justice? The methodology used in this dissertation involves an applied research and, by using this method, the discussion about the efficiency of the judiciary highlights the quantitative approach. The procedures adopted include a bibliographic review of works on the efficiency of the Judiciary, as well as a documentary analysis, notably the Justice in Numbers Report. One of the main conclusions of the study is that the DEA model used by the CNJ can be improved, mainly by including the variable "process time", although there are great challenges to be overcome in its use, given the complexity of its measurement, by example. Finally, it is important to remember that the debate about the efficiency of the judiciary can’t be restricted to quantitative aspects, leaving aside qualitative criteria of the evaluation of the services provided to Brazilians. Therefore, the delivery of the judicial service can’t be summarized in the number of cases.
Precedentes judiciais vinculantes no Código de Processo Civil de 2015, ativismo judicial e (in) segurança jurídica
(Centro Universitário do Estado do Pará, 2018) Feio, Thiago Alves; Cichovski, Patrícia Kristiana Blagitz
The Civil Procedure Code of 2015 (CPC) introduced profound reforms in the Brazilian legal system, among which is the system of binding precedents, aimed at easing the crisis that the Judiciary has passed since the promulgation of the 1988 Constitution, represented mainly by procedural delays and legal uncertainty. The first one is represented by the number of cases, with 79.7 million cases pending, and by the enormous duration of judicial proceedings, on average of 5 years and 10 months. The latter is evident with a diversity of decisions for similar cases. The study proposes the questioning: is the system of binding precedents of the CPC, as introduced and taking into account the Brazilian context, a tool capable of limiting judicial activism and promoting legal security in Brazil? With the objective of analyzing the suitability of binding precedents to provide legal security in the country. This analysis proposes a comparative study with common law principles, through a bibliographical review of books and articles on the subject, where it is possible to question the importation of this system, without proper adaptation. It is clear that a number of conceptual determinations and structuring are necessary in order for binding precedents to be able to give satisfactory prestige to legal certainty. Regarding the conceptualizations, the use of precedents may raise doubts as to which part of the decision will be linked, which body will be responsible for the specification of that part and which model of application of precedents. This lack of definition can intensify activism in the country by expanding the margin for discretion. With regard to the structures, there are operational gaps, due to the lack of a reporting system in the Brazilian legal system, in order to set up a specialized committee to extract the elements, in a schematic form, from the decision. Another missing structure is the lack of an organized tool for consulting the precedents. Therefore, the system of precedents requires a structural organization and a debate for conceptual definition, aiming to compensate for the lack of culture of respect for judicial understandings, lacking a project to foster respect for and continuity of judicial decisions.
A eficiência como fundamento jurídico da decisão judicial e o estado de coisas inconstitucional: uma abordagem crítica à luz do debate de Ronald Dworkin e Richard Posner
(Centro Universitário do Estado do Pará, 2018) Leite, Geraldo Neves; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Brito Filho, José Claudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Timm, Luciano Benetti
This master’s thesis proposes a study on the role of efficiency within the Law. It aims to propose an investigation into efficiency as a legal standard to be followed by judges when making judicial decisions. The issue is relevant, as it seeks to describe and confront the problem of the crisis of efficiency of the jurisdictional provision, notably, when it comes to dealing with complex issues involving the realization of fundamental rights. The question of the use of efficiency as the basis of the judicial decision has been increasingly debated on the national scene. Although the Brazilian legal system is still strongly linked to legal positivism, there is a growing tendency for an interdisciplinary relationship between Law and Moral Philosophy, Economics, Politics and Sociology, to deal with complex judicial cases. Given this national situation, then, the question arises as to whether the efficiency of judicial decisions can be applied by investigating whether this traditional tool of economics has ethical and moral value and can therefore be considered a legal principle. The judge - and this is a concrete reality in Brazilian law - is increasingly called upon to make judicial control of public policies and, in this scenario, he has to position himself on the effectiveness of fundamental rights. It happens that the realization of these rights not only involves its fundamentality, but also the analysis of its cost, because we live - and our country, due to a strong political and economic crisis, is not far from it - in an environment of scarcity of resources. So the distribution of assets and resources also has to be evaluated by the judge, because at the moment of the judicial decision, he acts not only as controller of a public policy, but also as an occasional legislator and implementer of a substitutive public policy. In this context, he has to position himself on the distribution of assets and resources and the analysis of the efficiency of the decision, as has been pointed out, is important because the decision will generate reflexes not only for the parties to the process, but also for society.
O ICMS Verde como instrumento de equidade intraestadual no Pará
(Centro Universitário do Estado do Pará, 2018) Nóbrega, Bernardo Mendonça; Tupiassu, Lise Vieira da Costa; Gros-Désormeaux, Jean-Raphaël; Fonseca, Luciana Costa da; Scaff, Luma Cavaleiro de Macêdo
This research has as its main objective to analyze if the public policy of the Green ICMS, an instrument intergovernmental transfer of part of the ICMS revenue to the Municipalities based on the fulfillment of environmental criteria, in the State of Pará is an instrument that promotes intrafederative equity. Based on the analysis of the existence of intrafederative inequality in the State of Pará, equity criteria were identified through studies of Liam Murphy, Thomas Nagel, John Rawls's theory of justice, and environmental. Through the PER model the equity criteria were analyzed in conjunction with the conditioners of the Green ICMS and revealed a focus on the municipal response element as the main driver of this equalization. The municipal response, however, is limited by territorial interference by the other government spheres, affecting the Municipalities' capacity to fulfill part of the Green ICMS criteria. In this context, the element of Environmental Management, due to its wide scope, and its role in meeting the other criteria, was considered the more appropriate factor for the Municipalities. However, it is the factor considered less important by the Green ICMS and analyzed data indicated a low exercise of Environmental Management among the Municipalities studied.
O IRDR como política pública judiciária: a proteção ao princípio da igualdade a partir da adequada representação
(Centro Universitário do Estado do Pará, 2018-02-05) Menezes, André Beckmann de Castro; Araújo, José Henrique Mouta; Dias, Jean Carlos; Guedes, Jefferson Carlos Carús
The incident of resolution of repetitive demands (IRDR) was created by the Legislative Branch as a judicial public policy, aiming to reduce the number of lawsuits in process, directly reaching the repetitive issues arising mainly from mass legal relations. Its foundations are the constitutional principles of celerity (efficiency), legal security (predictability) and equality (uniformity of decisions). Despite being a consequentialist instrument, the IRDR is an innovative Brazilian creation, inspired by several foreign institutes, that aims at the establishment of legal theses on controversial issues to guarantee the constitutional principle of material equality. The same jurisdictional provision for parties in identical factual-legal situations is a consequence of the application of material equality. The different procedural treatment given to all the subjects affected by the uniformity of the legal theme also stems from the same principle. Because it has the nature of a repetitive collective process, its rules need to be understood differently from those applicable to the traditional individual process. The re-signification of the principle of equality, therefore, was made based on Marcelo Neves’ theory of circularity between principles and rules, also absorbing the theory of systems of Niklas Luhman. The self-referential legal system, limited by the Federal Constitution, allows the principle (equality) to guide the norms (IRDR) and, at the same time, to receive its meaning. The juridical system, at the same time, heteroreferent, also allows the principle to be explained by external values (contingencies) of the surrounding world (public policies). This understanding requires the applicator of the norm to take some cautions already authorized in the system, especially with the publicization and with the choice of model cases, in order to provide adequate representation. Comparative Law is an important source of evolution in the act of processing IRDR in protection of material equality.
O direito à saúde e a distribuição de medicamentos na perspectiva da justiça distributiva
(Centro Universitário do Estado do Pará, 2018-03-05) Daou, Heloisa Sami; Brito Filho, José Claudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Freitas, Juliana Rodrigues; Lamarão Neto, Homero
The present study proposes an analyze about the Right to health and the distribution of medicines in the perspective of distributive justice, in order to answer the questioning of whether the State's action in guaranteeing the right to health and distribution of medicines can be considered fair. The right to health is included in the list of fundamental social rights in CRFB / 88. The Constitution recognizes it as the right of everyone and the duty of the State, emphasizing social and economic policies aimed at reducing the risk of disease and other diseases and universal and equal access to actions and services for their promotion, protection and recovery. It is in this sense that there must exist the Unified Health System (SUS): as the public policy chosen by the constituent to guarantee health to individuals and, among its actions, is the National Medicines Policy (PNM) and the National Policy of Pharmaceutical Assistance (PNAF), drug distribution policies. Therefore, the general objective of the research was to analyze the distribution of medicines that is made by SUS from the perspective of distributive justice. The research is divided into four chapters. Initially, we explored general concepts related to social rights, highlighting the fundamental aspect of these rights. Afterwards, the attribute of dignity of the human person, presented as the sole foundation for guaranteeing fundamental rights, was analyzed from the Kantian conception. Finally, the research turned to fundamental rights from CRFB / 88. In the second chapter, the study of the way to guarantee the right to health was emphasized, at which point the emphasis was placed on the understanding of the SUS as a public policy aimed at guaranteeing the right to health, PNM and PNAF, through which the individual has medicines. Then, in the third chapter, some of the restrictive conceptions of social rights were presented, and thus the full guarantee of the right to health, in order to reject such arguments. In the fourth and last chapter were presented the theoretical conceptions that best lend themselves to support the arguments defended here. The public policy of drug distribution was analyzed from the ideal of distributive justice pursued by John Rawls's egalitarian liberalism, with the possibility of complementation in Amartya Sen's theory of equality of abilities. These theories together offer a sufficient theoretical underpinnings to the defense that it is the duty of the State to grant the access to essential medicines for all people from their own individual needs, thereby ensuring the full realization of the right to health. The research used as methodology, mainly, the bibliographical survey, being the study eminently theoretical.
O depoimento especial judicial de crianças e adolescentes vítimas de violência com deficiência auditiva no estado do Pará: comarcas de Belém, Ananindeua e Chaves
(Centro Universitário do Estado do Pará, 2020-02-11) Morais, Ana Radig Denne Lobão; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Bentes, Natalia Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; Raiol, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645
The present research targets to analyze the Special Testimony of deaf children and teenagers in the Districts of Ananindeua, Belem and Chaves, in the State of Para. The right of being properly heard during a judicial or administrative process according to the degree of development of children and teenagers had been incorporated to Brazilian legal system since Decree No. 99.710/1990, which promulgated the Convention on the Rights of the Child. However, this right got effective twenty-seven years after the Convention’s reception, along with the promulgation of Law No. 13.431/2017, which, amongst other propositions, made obligatory the procedures of special testimony and specialized listening. Owing to the obligation on watching over the principles of equality and not-discriminating, this research aims to answer the following question: are the regulation and application of procedures about the listening of child and teenage victims, upon special testimony on judicial power in the State of Para – considering the districts Ananindeua, Belem and Chaves –, respecting the specific needs of deaf children and adolescents? Therefore, this research’s mean goals are to analyze if the regulation of Law No. 13.431/2017, on national level, as much as the rules and procedures applied by The Court of Justice of the State of Para, specifically over the districts of Ananindeua, Belem and Chaves, had been respecting the specific needs of deaf children and teenagers, and, in case of a negative answer, if this absence of adequacy could be considered an institutional violence, according to Law 13.431/2017, and discrimination due to disability, according to the Brazilian Law of Inclusion of the Disabled Person. On the procedures, the methodology is bibliographical, documentary and field; on its type, it is applied, because it aims to generate knowledge for the solution of a specific problem: the proper application of special testimony for deaf children and teenagers, respecting the fundamental human rights of victims who find themselves in this situation.

Navegar

Navegando Dissertação por Data de Publicação