Navegando por Assunto "Dignidade da pessoa humana"

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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.
Direito à saúde e novo regime fiscal: uma análise à luz do liberalismo rawlsiano
(Centro Universitário do Estado do Pará, 2020-02-05) Ferreira, Versalhes Enos Nunes; 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 present research aims to analyze, in the light of Rawlsian liberalism, the right to health and the new tax regime, which was instituted by Constitutional Amendment 95 of 2016 and established a new calculation system for public health financing, reflecting on its conformity with the ideal of distributive justice advocated by egalitarian liberalism and with the constitutional model itself of granting this essential resource. John Rawls's theory of justice will be the theoretical framework used to support the discussions, being apropriate and sufficient for the purpose of the study, in so far as the reading of this philosophical prism is of a contemporary conception of social justice that prioritizes all individuals when distributing primary goods, which today must be read as fundamental rights. We believe that the right to health must be realized for all citizens, since it is an indispensable legal asset for life and the protection of human dignity, collaborating in this way, so that people can carry out the actions necessary for the realization of their life plan, therefore, the strengthening of the Unified Health System, notably in a scenario of implementation of a severe policy of economic austerity. This conjures us to answer the question whether the new tax regime is compatible with the best way to distribute the right to health, within the conception of concession instituted by the Constitution of the Republic of 1988. The study used as methodology, mainly, the bibliographic survey, being eminently theoretical research.
Jus gentium no século XXI e a fundamentação do direito internacional público dos direitos humanos: uma análise da acolhida e integração de refugiados venezuelanos no Brasil
(Centro Universitário do Estado do Pará, 2021-01-21) Santa Brígida, Yasmim Salgado; Pinheiro, Victor Sales; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; http://lattes.cnpq.br/0416222855469529; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Simões, Pedro José Calafate Villa; http://lattes.cnpq.br/1241931341359163
The purpose of this research is to analyze, in the light of the foundation of Public International Law resulting from the jus gentium of scholastic ethics, the subjective right to refuge, having as a landmark the recent mass flow of Venezuelan refugees in Brazil. In this research, the right to refuge is reflected on the assumption of acceptance and integration as necessary elements to effectively protect their human rights. We understand that the ethical precepts of the jus gentium in the XXI century legitimize sovereignty as responsibility. Universal jurisdiction, based on the ethical precepts of the reason of humanity, entitles man as a subject of subjective rights, affirming the dignity of the human person beyond the positive treaties, inaugurating the foundations of the legal principles of Public International Law. This research lists the international and national norms (treaties, judgments and consultative opinions) that concern the person - the pro persona principle - and on reception and integration, which bind and oblige the government to guarantee the protection of the human rights of immigrants and refugees. In the approach to the international human rights system, the jus cogens rules are the maximum expression of the limitation of state power - one of them is the non refoulement. Consequently, there is a need to adopt effective public policies, related to the role of the State in carrying out technical and systemic action plans. It discusses the difficulties of people in a condition of refuge at national level, in addition to addressing which public policies should be adopted in conjunction with various agents responsible for the various sectors of society (security, housing, work, social security, health, education). We believe that the right to shelter must be realized for all people, as it is indispensable for life and for the protection of human dignity, therefore, it is essential the development and improvement of the InterAmerican System for the protection of human rights and the effectiveness of a national immigration and refuge policy. It is concluded that, in order to implement public policies for Venezuelan refugees, guaranteeing their human rights, it is essential to strengthen international and national cooperation (between federative entities, public administration bodies and powers) through comprehensive systemic plans together with the other agents of society (organized civil society, NGOs, and the private sector). The study used, as a methodology, mainly the bibliographic survey, the research being eminently theoretical.
Multiculturalismo e direitos humanos: o confronto entre a universalidade e o relativismo cultural
(Centro Universitário do Estado do Pará, 2019-06-18) Mácola, Ana Luiza Crispino; Brito Filho, José Claudio Monteiro de; Vicente, Clarissa Ribeiro
With the phenomenon of globalization and the accelerated development of means of transportation, technologies and communication, different regions of the world were brought together, enabling the approximation of people from different cultures, resulting in another phenomenon: the multiculturalism. Furthermore, it is a fact that all human beings are holders of basic rights, which could never be relativized or even violated, precisely because they are directed to each and every individual – they are the so-called Universal Human Rights. Thus, it is from the universality, main characteristic of the Human Rights, that the scope of these rights encompasses all human beings anywhere in the world. However, according to cultural relativism, a place where this universality does not exist, local knowledge has more validity than an international order regarding the rights of every individual. The main purpose of this work is to determine how to proceed before the conflict of interests between universality and cultural relativism, so that Universal Human Rights are respected and considered within each culture, having as basic support, the foundation of Human Rights, because both the existence of these Human Rights and the definition of the rights that will compose this set, are due to the dignity of the human person. Thereunto, a bibliographical, documentary and theoretical research was carried out through deductive method, and as technique, the textual and interpretative analysis.
O migrante venezuelano e a busca do trabalho decente: uma análise do projeto do TRT-8
(Centro Universitário do Estado do Pará, 2025-02-25) Morais, João Gabriel Macêdo; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983
The main objective of this dissertation is to carry out a qualitative content analysis of a document of a Project prepared by the TRT-8 which, justified by migration policy, aims to promote dignity to Venezuelans in situations of forced migration, in line with the premises of decent work. To this end, this work gathers information to address the following research problem: how can Venezuelans in situations of forced migration have access to decent work conditions, through a Project prepared by the TRT-8? The research used the hypothetical-deductive method, through works by scholars such as Brito Filho (2023), Kant (2011), Sarlet (2012), Vitória (2016), Trindade (2006). To achieve the desired ends, the research is structured in six sections, the first consisting of the introduction. The second aims to present the Venezuelan political history before, during and after the government of Hugo Chávez; moment when Nicolás Maduro assumes power and a humanitarian crisis sets in, causing the exodus of thousands of Venezuelans around the world. The third section examines the understanding of international protection of human rights, based on Vitoria and Trindade, so that human dignity is preserved in situations of forced mobility. The fourth section studies the concept of decent work based on what Brito Filho (2023) states, considering that guaranteeing decent working conditions should be a right that reaches all people without distinction. The fifth section will analyze a project prepared by TRT-8, based on Bardin's (2016) content analysis criteria, so that Venezuelan migrants are included in the labor market of the city of Belém do Pará, as this is a possible public policy that aims to achieve compliance with SDG No. 8. The last section will present the final considerations of this study. Finally, the research has achieved results that, in the context of Constitutional Amendment 45, through the understanding of judicial public policy, it is possible to implement the TRT-8 Project to insert Venezuelans into the job market.
Reflexões sobre a necessidade de políticas públicas de saúde e de atenção aos direitos humanos: um recorte sobre a invisibilização das mulheres do espaço prisional em Ananindeua-PA
(Centro Universitário do Estado do Pará, 2021) Cardoso, Márcio Eloy de Lima; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902
The present study has the theme of the invisibility of women deprived of liberty: reflections on public health policies in the State of Pará, due to the incidence of gender inequality existing in Brazilian society, subjecting women to a consequent disparity of treatment in several segments, among them not the Penitentiary System, which is rightly transsed by the violation of human dignity and fundamental rights, specifically to health. In this perspective, the study aims to understand the consequences of the invisibility of women deprived of liberty, to describe the reality of the experience of women with stories of deprivation of liberty in the Brazilian Penitentiary System in the State of Pará and to reflect on public health policies carried out in the Brazilian Penitentiary System. Bibliographic research of qualitative approach was adopted. Thus, it contextualizes in a historical way the figure of the woman in prison, showing the past and present of the prison in Pará. In the absence of specific legislation on women's issues, this study uses, with the exception of the Convention of Belém do Pará, international and national standards generally applied, such as the Mandela Rules, Bangkok Rules, the Criminal Enforcement Act – Law 7.210/1984, the Statute of children and adolescents, Bill 513 and Law 13,769/2018 and Special Progression of Regime, the Convention of Belém do Pará, Habeas Corpus No. 143,641/SP and, mainly, the Health Policies of the Brazilian Prison System for Women Deprived of Liberty. In summary, when analyzing the Brazilian internal legal system regarding the treatment of women in prison situations, it is perceived that although there are several regiments of laws and protective resolutions, todavia, there is no equivalence between the statement of legal and normative instruments with the reality that women deprive of freedom experience. The bars should not and cannot prevent the non-observance of this class of marginalized and raped female gender, where women live a real governmental disapproval and the sexist system, it is undoubtedly necessary to promote the visibility of women, ensure the effectiveness of public health policies and ensure their human dignity. This dissertation argues that, to solve these serious problems, it is necessary to include a gender approach in criminal and prison policies.
Trabalho análogo ao escravo na confecção de roupas para as lojas fast fashion: análise do caso Inditex-Zara no Brasil
(Centro Universitário do Estado do Pará, 2019-06-11) Cruz, Marcella Feijó; Rodrigues, Vanessa Rocha Ferreira; http://lattes.cnpq.br/8565252837284537; Brito Filho, José Claudio Monteiro de; http://lattes.cnpq.br/7823839335142794
This study consists of analyzing the work conditions to which the workers of the clothing making for fast fashion stores are subjected, at an international and national level, as well as the relation between fast fashion and social dumping. It emphasizes in analyzing the case that caused Zara, one of the brands of the business group Inditex, to be considered guilty by the Brazilian legal system for the violations of rights that were found in its production chain. For that, researches were made in books, periodicals, reports and scientific articles. This study’s general objective is to demonstrate how the work conditions in the clothing making for the fast fashion stores contribute to the continuity of the violation of laws that prohibit slave labor, and its specific objectives are to verify the characterization of labor analogous to slavery in Brazilian’s legal literature and case laws, define what are fast fashion stores and its relation with social dumping, emphasizing Inditex-Zara’s conviction sentenced by Brazilian legal system and analyzing the work conditions in the making of clothes for fast fashion stores. The research concludes that effective measures must be taken in order to eliminate social dumping from the fast fashion’s sphere to ensure that workers dignity is preserved.
Trabalho decente e a gestão do labor no sistema prisional paraense
(Centro Universitário do Estado do Pará, 2023-02-01) Nascimento, Juliana Oliveira Eiró do; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Raiol, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645
The main objective of this dissertation is to reflect on the framework of minimum rights that must be guaranteed to prison workers, in the state of Pará, so that they have their human dignity preserved within the socio-labor field of prison, so that labor functions as a true resocializing tool. To do so, it gathers information to face the following research problem: What is the minimum framework of rights to be assured to incarcerated workers in order to guarantee decent work within the prison system of Pará? To achieve the intended purposes, the research is structured in eight items, the first is the introduction. The second is aimed to study the history of prison work based on an analysis of the origin of the penal system of the prison institutions, the history of criminal law and custodial sentences in Brazil; and, finally, the current context of the sentence in the country, by the perspective of the rehabilitation of the convict and the dignity of the human person. the third item examines the normative protection of the prisoners' work by an international perspective and the fourth item performs the same examination, using an internal scope. the fifth item studies the management of prison labor in the state of Pará, focusing on GAB/SEAP Ordinance No. 465/2020. The sixth item exposes an examination of the 11th cycle of national survey of penitentiary information, carried out from July to December, 2021, focusing on regional information, reflecting on the problem that involves labor in Pará prisons. The seventh item investigates the notion of decent work, exploring its legal basis; the framework of minimum rights currently considered essential to the dignity of the working man; the limitations existing in the current notion of decent work; and, at the end, proposes the expansion of the current notion of decent work, capable of ensuring a framework of minimum rights in favor of the human dignity of workers in prison in the State of Pará, even though they are not subordinated to the CLT regime. Finally, the eighth and last item presents the final considerations of this study, The research used the hypothetical-deductive method with a documentary and bibliographical analysis, through works by jurists such as Brito Filho (2018) and Sarlet (2006), as well as philosophers such as Foucault (1988), Kant (2007) and Rocha (2011), and a qualitative approach of the theme.