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A cultura da medicalização e os impactos no sistema público de saúde brasileiro
(Centro Universitário do Estado do Pará, 2023-10-30) Sá, Victória Vasconcelos; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Pessoa, Robertonio Santos; http://lattes.cnpq.br/9426835691271531; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
This dissertation aims to analyze the increasing and irrational use of medications, often fueled by the Pharmaceutical Industry and aggressive marketing that promotes drugs as "magic pills capable of curing everything." This poses serious risks to the population's health due to the inappropriate choice of medications, improper exposure to drug adverse reactions, increased bacterial resistance, and self-medication. This excessive use of drugs corresponds, in large part, to the phenomenon known as medicalization, conceptualized by Conrad (2007, p. 19) as a process in which non-medical problems are defined and treated as medical, imposing the risk of overloading the Brazilian healthcare system and diverting focus and funds from genuine pathologies. This raises the question of whether certain situations should be treated as social issues rather than medical problems. To this end, this study gathers information to address the following research problem: Is Brazil influenced by this culture of medicalization? If so, what impacts can medicalization have on the Brazilian Unified Health System? To achieve the desired goals, the research is structured into five sections, with the first being the introduction; the second is dedicated to the analysis of health and disease from a historical perspective; the third focuses on the concept and contours of medicalization; the fourth addresses health as a consumer product, and the fifth and final section concerns the budgetary allocation of medications. The research therefore used bibliographic research as a procedure. Finally, the research concluded that Brazil is influenced by the medicalization of health, as both this phenomenon and the need to rationalize the use of medications are recognized by the responsible bodies for SUS management. Subsequently, it was deduced that medicalization results in a considerable budgetary impact on the Brazilian Unified Health System, since the increase in the quantity of medications, technologies, and procedures to be funded by the public administration in the face of medicalization strains the system and causes disorganization.
A importância da tributação sobre a mineração para o desenvolvimento sustentável: uma discussão da tributação mineral de competência do estado do Pará
(Centro Universitário do Estado do Pará, 2023) Zocatelli, Vitória Mota; Tupiassú, Lise Vieira da Costa; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; http://lattes.cnpq.br/5599627735526045; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Silveira, Alexandre Coutinho da; http://lattes.cnpq.br/7902423151331560
The state of Pará has great relevance in the global supply of ores, such as iron, gold, bauxite, copper, nickel and kaolin, among many others produced there. The expressive reserves of mineral goods contribute to the country appearing as an important player in the international mineral market. However, the benefits for society do not occur in the same magnitude, taking in consideration the development indices of the state. One of the ways to reflect on the subject is to discuss taxation, since a fair tax collection can be understood as a consideration by individuals for the exploitation of this wealth, which is public. Thus, the objective of this dissertation is to elaborate a descriptive study on aspects of mineral taxation in the context of the State of Pará. The research uses the deductive method and the bibliographic procedure, as well as the analysis of documents from sources such as the National Mining Agency, the Brazilian Mining Institute and the Fiscal Justice Institute. It was concluded that the main characteristics of mineral taxation in the State of Pará are related to the exemption brought by the Kandir Law and the discussion around the TFRM, resulting in a low participation in the income from this wealth, when compared to the prominence that the sector has in the state, to the private profits of the mining companies, and with the return that could be generated for the federative entity, such as the development of the region, through the generation of jobs and creation of industries, for example. Thus, the study suggests that the state can expand its collection base, with smaller subsidies, mainly for companies with high profitability, since the tax regime must be able to support private sector investment, ensuring, at the same time, the maximization of economic, environmental and social benefits for its population, advancing in the guarantee of basic fundamental rights.
A renda básica como política social universal e incondicional: um caminho para a erradicação básica da pobreza no Brasil em um cenário marcado pela racionalidade neoliberal
(Centro Universitário do Estado do Pará, 2023) Aguilera, Raissa Maria Fernandez Nascimento; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576
This dissertation aims to contribute to the improvement of dialogue on basic income, notably regarding its role in the eradication of poverty. Its objective is to analyze how the implementation of universal and unconditional basic income can contribute to the eradication of poverty in Brazil, in a scenario marked by neoliberal rationality. To do so, it seeks to answer the following question: how can the implementation of basic income contribute to the eradication of poverty in Brazil, in a scenario marked by neoliberal rationality? The study starts from the hypothesis that, despite existing criticisms, the basic income policy is capable of contributing to the fight against poverty in Brazil, provided that it is applied in conjunction with other existing social policies. For this purpose, it resorted to the hypothetical-deductive method, which seeks the answer to the research problem from this hypothesis, adopting a qualitative approach, based on a bibliographical and documentary research, and having as main theoretical references Amartya Sen (2010) and Laval (2018) and Parijs and Vanderborght (2018). This research is divided into an introduction, four development sections and, finally, the final considerations. In the first section, it is demonstrated, from a historical and legal perspective, that Brazil is dominated by neoliberal rationality, which controls and dictates the economic, social, political and legal rules of the country. This research adopts Foucault's view of neoliberal rationality, understanding it as a governmental rationality that influences the decision-making of those who govern and those who are governed. In addition, a methodological analysis of the concept of poverty used is carried out, based on the concept of economist Amartya Sen (2010), according to which it is not only the income that determines who is poor, but also the inability of people to accomplish things they value due to social, political and economic restrictions. The second section presents a history of social policies within a capitalist economic context, especially income transfer already adopted in Brazil, in order to demonstrate that these policies are, as a rule, focused and precarious and use monetary criteria to define their target audience, causing the unfair exclusion of several citizens. The third section, in turn, presents the concept of basic income and the state of the art of matter. The concept used, predominantly, is the development by Parijs and Vanderborght (2018), in which the basic income is characterized by the absence of obligations, regardless of the domestic and professional situation of those assisted, and is, therefore, an individual right, without obligation and universal; in this context, payment must be made, preferably, in kind to the beneficiaries. Finally, the fourth section of development analyzes whether universal and unconditional basic income is a viable instrument, together with other social policies, to combat poverty. It is concluded that, within a scenario marked by neoliberal rationality, basic income is an escape route from poverty, capable of guaranteeing protection for the subjectivity of its beneficiaries and ensuring a way out of food insecurity and pauperization without stigma, if applied in conjunction with other existing social policies.
A valorização do trabalho reprodutivo como desafio à igualdade de gênero: o Brasil e o cumprimento da ODS 5 e da meta 5.4 da Agenda 2030 da ONU
(Centro Universitário do Estado do Pará, 2023-08-31) Maia, Lia Vidigal; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Guimarães, Sandra Suely Moreira Lurine; http://lattes.cnpq.br/5446022928713407
The present work intends to analyze mechanisms for valuing and recognizing reproductive work, considering the social inequalities that exist in Brazil, in order to find mechanisms for the country to come closer to fulfilling the objective of guaranteeing gender equality, considering target 5.4 of SDG 5 of the UN 2030 Schedule. Considering that the method used will be the hypothetical deductive one, the research starts from the hypothesis that reproductive work, considered over the centuries as invisible, lesser relevance, unworthy of remuneration and recognition, actually plays a fundamental role in society, actively contributing to the country's economy, therefore your appreciation is fundamental to achieving gender equality and development. To do so, the reproductive work of women over the centuries will be analyzed, their relationship with capitalism and female oppression in order to assess the quantification and economic valuation of this work as a form of appreciation; after verifying that economic valuation will not be enough to achieve gender equality, the peculiarities of domestic and care work in Brazil will be presented to demonstrate its relationship with race and class issues and with other forms of social inequalities. It was concluded that the recognition of reproductive work involves analyzing which women carry out this activity and under what conditions, while valuing this work requires a multidimensional approach, with public and private investments in improving urban infrastructure, reducing time shortage of women by expanding freedoms and confronting other forms of inequalities.
A violência psicológica contra a mulher: percepções da proteção a partir do advento da Lei nº 14.188/2021 no ordenamento jurídico brasileiro
(Centro Universitário do Estado do Pará, 2023) Bahia, Patrícia Lima; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983
Violence against women is a global public health concern. In view of this, the objective of the present work is to analyze especially psychological violence against women, to control improvements with the introduction of Law n° 14.188/2021. It is considered, from the consequences that the violence suffered by women left the sphere incorporated exclusively in the family (private field), to be addressed as a public policy (public field) from 1990, hosted by the State, it is achieved nowadays, as a structural violence. A deeper view then began, that there are a violence against women often does not leave visible traces, the marks are, in these cases, engraved in the soul, affecting the psycho-emotional field of the female gender. The aim is to analyze, therefore, the importance of protecting the psyche of women, when faced with a society commanded by men, permeated by patriarchal relations. The theoretical contributions of Heleieth Saffioti, Gerda Carol, Pateman, Maria Berenice Dias, Silvia Pimentel, Elder Lisboa Ferreira de Costa, among others, are used. Here, there is a search to answer equally, to what extent the framework of the new law can be considered effective from the perspective of protecting women. The dissertation is divided into three parts: structural violence and society; normative protection for the protection of women; and the protection of women's mental and emotional health. The methodology used for the procedure is qualitative bibliographical and documentary research, using books, articles, legislation, international documents and official information on domestic violence, the dimension and influence of patriarchy that mortally affects the female psyche. The conclusion reached was that aiming to preserve the woman's psyche is a challenge for the law community, because we can observe it go into the functioning of domestic relations, which is built under the aegis of a male chauvinist maternity. Overcoming this bias is not easy, it will require the adoption of public policies against sexist culture to preserve women's mental health and psychological integrity.
A violência sexual intrafamiliar contra crianças e adolescentes e as políticas públicas no município de Belém/PA
(Centro Universitário do Estado do Pará, 2023-06) Maia, Millena Maysa dos Santos; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781
This dissertation aims to analyze the State Plan for addressing sexual violence against children and adolescents in the state of Pará from 2021 to 2031, with a focus on the municipality of Belém. To achieve this, it gathers information to address the following research problem: How have the public policies established by the State Plan for addressing sexual violence against children and adolescents from 2021 to 2031 impacted the response to intrafamilial sexual violence in the municipality of Belém? In order to achieve the intended goals, the research is structured into five sections, with the introduction being the first. The second section reflects on intrafamilial sexual violence against children and adolescents, based on an analysis of children's and adolescents' rights in Brazil, as well as the modalities, data, circumstances, and consequences of sexual violence. The third section presents the concept of public policies, addresses the response to sexual violence against children and adolescents in Pará, with a focus on the guidelines of the State Plan for addressing such violence, and finally, elaborates on the integrated information network. The fourth section examines the public policies for assisting children and adolescents who are victims of intrafamilial sexual violence in Belém. Additionally, it analyzes the socioeconomic factors and the issue of sexual violence. The eighth and final section presents the final considerations of this study. The research employed a deductive method, with documentary and bibliographic analysis, as well as a qualitative approach. Lastly, the research concludes that the positive impacts of the State Plan in the city of Belém are undeniable. However, there is still a long way to go to fully protect the rights of children and adolescents. The study confirms the need for strong interaction between the family, the State, and society to ensure the total elimination of any form of violence, especially intrafamilial sexual violence against children and adolescents.
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.
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.
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.
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
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 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.
Direito fundamental à educação: o arcabouço normativo e a efetividade da educação básica no Brasil à luz da teoria de John Rawls
(Centro Universitário do Estado do Pará, 2025-02-24) Mácola, Ana Luiza Crispino; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983
The main objective of this dissertation is to analyze the fundamental right to education in Brazil in light of John Rawls' theory of justice as equity, considering the Brazilian normative framework and the implementation of access to basic education in the country. In this context, the work seeks to answer the following research problem: based on the analysis of education in Brazil and based on Rawls' conception of justice, to what extent is access to basic education implemented and recognized as a primary good? To achieve the desired goals, the research examines the right to education, addressing its normative protection and theoretical foundations, then delves into the concepts of egalitarian liberalism and distributive justice, highlighting Rawls' theory. Next, the investigation focuses on the feasibility of implementing the right to basic education in Brazil, analyzing whether the institutional structures are aligned with the principles of justice proposed by Rawls, especially in a challenging scenario marked by inequalities in the country. The research, which is theoretical in nature and based on the deductive method, uses discourse analysis as a methodological resource, which allows for an understanding that transcends the explicit content by investigating underlying and contextual impacts. The analysis, as to the object of study, is limited to the normative criteria of basic education. In addition to this methodological approach, the research adopts John Rawls as a theoretical framework, as his theory of justice is considered the most appropriate and fair way of distributing rights among members of society, in addition to recognizing the fundamentality of social rights and, therefore, the most suitable for protecting the right to education. In the end, it is concluded that, although the Brazilian normative framework is aligned with Rawlsian theory, there is an urgent need to improve the practical application of the standards so that access to basic education is effectively guaranteed to all, especially to the less favored, promoting the construction of a more just and egalitarian society.
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.
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.
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 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.
Interseções entre a recuperação judicial e os processos estruturais: uma análise entre as técnicas da Lei nº 11.101/2005 e o tratamento adequado de problemas estruturais
(Centro Universitário do Estado do Pará, 2023-08-18) Costa, Victor Santos da; Araújo, José Henrique Mouta de; http://lattes.cnpq.br/0717263241559819; Góes, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769
The main objective of this dissertation is to verify if the Judicial Reorganization Process fits within the concept of Structural Process, in order to, from this analysis, seek in the recovery procedure of Law 11.101/2005, the main difficulties that permeate the Structural Process today in the Brazil, in particular, the absence of specific legislation that regulates its rigorous instruments and techniques. In this sense, the problem that this work aims to answer is to what extent understanding Judicial Reorganization as a Structural Process can represent a bifrontal logic for these two institutes and what benefits this would bring in practice. In order to answer this problem, in the first section, a historical analysis of the Structural Process will be developed, in order to understand its origins, its concept, its characteristics and its procedure. In the second section, we intend to present the main assumptions around the Judicial Reorganization Process and the peculiarities of Law 11.101/2005, seeking to find out if there is a procedural microsystem of Judicial Reorganizations and Bankruptcies in that law. Then, proceed to verify the points of intersection between the Structural Processes and the Judicial Reorganization Process, in order to understand whether the procedure taken by Law 11.101/2005 could be an example of a Structural Process. Finally, in the last section, we seek to understand whether there is a bifrontal logic between the Structural Process and the Judicial Reorganization Process, that is, it will be verified how these institutes can contribute to the improvement of each other's solutions, and which techniques could be used, in practice, between the two procedures.
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.
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.

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