Navegando por Assunto "Direito ambiental"

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A aplicação dos instrumentos de compensação socioambiental no contexto da mineração na Amazônia
(Centro Universitário do Estado do Pará, 2022) Penna , Gabriel Neno Silva; Brito, Luis Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544
This article develops a research about the current socio-environmental compensation instruments in Brazilian legislation, observing the way they can be applied in the context of mining in the Amazon. In this sense, a study is carried out on the history, main characteristics, the exploration process, the supply chain, the socioeconomic relevance and the main social and environmental implications of this activity in the Amazon, combined with a study of the socio environmental compensation instruments. Thus, the research carries out, based on these studies, an investigation into the adequacy and importance of this institute for a more responsible conduction of mining in the Amazon, in addition to the practical legal representation that it assumes, in general, in the context of Environmental Law. For this, a qualitative analysis of paradigmatic bibliographical references of the discussion is carried out.
A participação das comunidades locais na gestão das águas: uma análise a partir do projeto de derrocagem do Pedral de Lourenço no município de Itupiranga no estado do Pará
(Centro Universitário do Estado do Pará, 2022) Silva Junior, Humberto Farias da; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216
The promotion of participatory and integrated management of water resources from the 1980s onwards, initiated the creation of instruments for society's participation in the management of the water management system. In this way, local communities began to have an organized institutional space to exercise citizenship through the principle of adequate participation. From this, the present dissertation proposes to describe and analyze the immune paradigm proposed by Roberto Esposito about biopolitics and the reflexes to the right to adequate participation of the local communities of the municipality of Itupiranga located in the State of Pará in the management of water resources in front of the project. demolishing the Lourenço boulder in the Tocantins river. For this, the study takes care of, in addition to the mentioned theoretical framework, the international and national regulations on water. The study also makes an integrative analysis of the literature, correlating the socio-juridical evolution of the control of life and the construction of a new perception about the concept of community and the right to property based on the notion of common good. It concludes that the right to adequate participation of local communities in the municipality of Itupiranga will be compromised by the absence of the constitution of the river basin committee of the Tocantins river.
A tutela provisória de urgência ambiental: uma leitura a partir da análise econômica do direito (AED)
(Centro Universitário do Estado do Pará, 2023) Farache, Jacob Arnaldo Campos; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Silva, Arthur Laércio Homci da Costa; http://lattes.cnpq.br/5467964111383727
The Brazilian State, aligned with the world scenario, has been evolving normatively for environmental protection purposes. Following this line, the Law itself has been recognizing and expanding the scope of action of one of its most recent specialized branches: the environmental one. Analyzing this role of Environmental Law, it is observed that it has strong links with another social science: economics. They are branches of human knowledge that aim to regulate or analyze, depending on each one, precisely the economic appropriation of environmental goods, taking into account the sustainability of these resources and the economic and social development of society. This connection between these fields of human knowledge is precisely the scope of the present study. Indeed, it is not only Law that approaches Economics with the emergence of specialized branches, but it is also the latter that approaches the former with the expansion of a specific field of study: the Economic Analysis of Law (AED). In this sense, this research proposes the following problem for analysis: “Under the lens of the economic analysis of law, it is possible to mitigate the requirement of the danger of delay (“periculum in mora”) for granting provisional environmental protection as an instrument of protection to a balanced environment for present and future generations? In order to respond to the problem raised, the specific objectives are: a) To briefly present the institute of provisional guardianship, in order to subsequently verify how it can be applied in environmental demands, considering the nature of the right involved (diffuse ) and the principles governing this specialized branch of law; b) Present the Economic Analysis of Law (AED) and its tools as an instrument for an analysis of the practical consequences of preliminary injunctions issued in environmental claims; c) Evaluate the pragmatic approach to law, in particular, highlighting the role of a pragmatist judge in the contemporary risk society, based on the analysis of 4 (four) judgments of the Federal Supreme Court (STF) that involve environmental issues and the concession or not of provisional environmental protections. As a result, it is understood that the relationship between the AED and the civil procedure allows for a wide range of research, both because it is still a legal line of thought in the consolidation phase in the Brazilian territory and because a society that assumes more and more risks needs of a right that is guided by pragmatic judicial decisions able to analyze the behavior of its agents and, above all, to control conducts that are harmful to the entire community. In environmental law, this is even more relevant, since it covers the protection of an intergenerational right.
Energia solar: uma solução possível para o controle da insegurança climática na Amazônia?
(Centro Universitário do Estado do Pará, 2023) Cordeiro, Letícia da Gama Albuquerque; Pereira, Maria Eduarda Corecha; Brito, Luis Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544
This article analyzes the importance of adopting effective measures in the energy sector to mitigate climate insecurity in the Amazon, given the growing global urgency in relation to climate change. The objective of this work is to evaluate whether the use of solar energy is advantageous for the preservation of the Amazon ecosystem and its rich biodiversity, aligning the country's energy sources with the guiding principles of constitutional and environmental law. To this end, the study presents the environmental problems of the Amazon region, as well as demonstrating the need to adapt to a green economic model. Furthermore, it explores the viability of solar energy as an alternative to the country's energy matrix largely based on hydroelectric plants. Finally, it was concluded that, due to its minimal environmental impacts and great potential for exploration in Brazil, solar energy offers an effective and appropriate solution for a sustainable energy transition. In the research, the methodological path of bibliographic review is used, focused on carrying out bibliographic research on books, articles and documents relevant to the topic of study.
Gestão de impactos ambientais oriundos da construção civil e demolição
(Centro Universitário do Estado do Pará, 2018-06-29) Souza, Ana Rosa Tavares de; Martins, Tiago; Fonseca, Luciana
In recent years, population growth in urban areas and stabilization of the economy have highlighted a huge volume of waste from construction and demolition. With this, the impacts are great, because the waste is not always managed, the rubbish being discarded irregularly, in open air, in streams, streets, vacant lots. The legislation comes as an alliance with the environment, ensuring that there is waste management until its final disposal. Therefore, this work has as general objective to study the management of waste from civil construction and demolition in relation to environmental law, through an exploratory methodology, in which it resulted in the conclusion that greater supervision of the Public Power is required on the large generators of waste, so that there is a change in the landscape of construction waste.
Gestão multiescalar em áreas de preservação ambiental costeiras: o caso da APA Algodoal-Maiandeua
(Centro Universitário do Estado do Pará, 2023) Pinheiro, Giuliana dos Santos; Tupiassú, Lise Vieira da Costa; http://lattes.cnpq.br/5599627735526045; Fischer, Luly Rodrigues da Cunha; http://lattes.cnpq.br/5038078976448551; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137
The present work analyzes the structuring of management, in multiple federative and territorial scales, focusing on coastal conservation units, through a brief study of the APA Algodoal- Maiandeua, located in the municipality of Maracanã, State of Pará, northern Brazil, answering to the issue of how the management of coastal conservation units is delineated at multiple federative and territorial scales. The research was developed using the deductive method and the bibliographic technique, based on specialized references to address the profusion of legal instruments applicable to the Brazilian Coastal Zone, the multiscale management exercised in the APA Algodoal-Maiandeua, and the socio-environmental problems faced in the area. From the research carried out, it was found that the sustainable development of the APA Algodoal- Maiandeua can occur from the effective and clear division of competences on the part of the public organizations and entities involved in its management, passing to exercise them in an integrated way. Moreover, in view of the constitutional distribution of the political-administrative competences of the federative entities, it is of paramount importance, both for the realization of the political and financial autonomy of these entities, and for the realization of fundamental rights, that they exercise their tax competences, developing the effort tax needed to improve the quality of life of the population and its economic development.
ICMS verde no município de Capitão Poço
(Centro Universitário do Estado do Pará, 2020) Junqueira, Lucas Santos; Merlin, Lise Vieira da Costa Tupiassu; http://lattes.cnpq.br/5599627735526045
The present study aims to make a brief historical recollection about the advent of ICMS [Institution of Circulation of Goods] in Brazil, making a specific critical analysis of the ICMS Ecological and the effects after its implementation in the state of Pará, as well as its purpose within the Union’s states and municipalities, thus making it possible to also analyze the execution and functionality of the called “Green” ICMS in the state of Pará by specifically approaching the institute’s operation in the municipality of Capitão Poço, outlining its ecological criteria. Furthermore, the ICMS Green acts as a tax incentive to municipalities, with the intention of making the environment more sustainable. It is through State Law 7.638/2012 that the necessary requirements to be fulfilled by the municipalities are addressed in order to define the transfer value by the State, with the intention of assisting in their economic and socio- environmental development. Therefore, this paper shows some consequences caused by the implementation of the Green ICMS in this Municipality, such as the ecological criteria met by it for the transfer of fiscal values and some positive and negative cases of deforestation in the region.
O naufrágio do navio Haidar sob a ótica dos princípios do poluidor pagador e da reparação
(Centro Universitário do Estado do Pará, 2019-06-18) Silva, Danilo Vetinho Gordo e; Fonseca, Luciana Costa da; Rabelo, Paulo César Beltrão
One of the major socio-environmental challenges is related to the absence of legal criteria for the identification and compensation of victims of mass environmental damage. Because of this difficulty, the agreement between the polluter and victims has been used to make some compensation possible. Worth mentioning is the judicial agreement signed on 07/02/2018, in the case of the shipwreck of the Haidar Ship in the Port of Vila do Conde in the city of Barcarena in Pará, considered a judicial agreement that enabled the indemnification of the largest number of victims of environmental damage in Brazil , reaching more than 5.000 (five thousand) families. This research examines the extent to which the agreement reached is compatible with the polluter pays and repair principles. The specific objectives have focused on analyzing the legal content of the polluter pays principle and the remedy; to analyze the Haidar shipwreck case and the challenges related to the legal agreement reached to compensate for damages and compensation of the victims, as well as to analyze the extent to which the legal agreement complies with the principles of the polluter pays and of reparation. The methodology followed the guidelines of a qualitative research with documental analysis and legal doctrine. In this analysis, it was concluded that these principles could have been applied with more practical efficiency in the solutions that were obtained in the decision, taking into account particularities of the way of life of the riverside, to gauge in an adequate way the intangible necessities that these individuals also have, of course, the needs of the environment that has been degraded.
O Cadastro Ambiental Rural (CAR) como instrumento de informação e monitoramento da reserva legal no estado do Pará
(Centro Universitário do Estado do Pará, 2015) Silva, Danielle Fonseca; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137
The right to an ecologically balanced environment has as a plaintiff the community and also to the Government, in which both must promote their protection through public policy and environmental awareness, that would be exercised through the free access to environmental information that would ensure participation popular in state decision-making processes. In this sense, this research sought to contribute towards the defense of the access to the right to an environmental information through the Rural Environmental Registry (RER) and the Legal Reserve in the context of the current Forest Code scenario in the State of Pará, with analysis of the legal relation between these and information systems, to attend the right to environmental information. For this, was held bibliographic research about the construction of environmental information as a principle and located in the Brazilian legislative scenario. Analyzed the new treatment of the legal reserve by the current Forest Code and its representation in the State of Pará and was evidenced the discussion about the legal exemption of its registration in the Register of Deeds when performing the RER. Has been found that the legal reserve is the subject of two environmental information systems, as RER and the Register of Deeds, where both have environmental feature and can live together harmonically to fulfill the right to environmental information. It was also discussed that there are two information systems that composed the RER, the Rural Environmental Registry System - RERS, nationwide, and the Integrated System of Environmental Monitoring and Licensing - SEML, use at Pará, where it's observed that the RERS is a closed system for the access to environmental information by society, not allowing the query without restrictions, unlike SEML, which meet with the necessity of environmental regulations at the State of Pará and also the free exercise of the right to access to environmental information and, consequently, the right to an ecologically balanced environment.
O Fundo Municipal de Desenvolvimento Sustentável de Canaã dos Carajás: uma análise comparativa com fundo de royalties subnacionais à luz do princípio do desenvolvimento sustentável e da justiça intergeracional
(Centro Universitário do Estado do Pará, 2022-02-22) Assunção, Marcos Venâncio Silva; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Enriquez, Maria Amélia Rodrigues da Silva; http://lattes.cnpq.br/3429911984896416
One of the biggest challenges for mineral-based economies is transforming the royalties into sustainable development, mitigating the activity’s negative externalities, and promoting equal access to the wealth represented by finite natural resources for future generations as well. The city of Canaã dos Carajás, in Pará, is an example. Despite the strength of mining and its positive results in terms of production, exportation and revenue, indicators of other dimensions, such as environmental and social, have proved to be not very encouraging and a great challenge for the public administration and society in general. The Municipal Sustainable Development Fund (FMDS) was created in 2016 (Municipal Law n. 753) aiming to boost the local economy and diversify the economic basis of the city, inspired by the model of Sovereign Wealth Funds - FSR. In this perspective, the dissertation has the general objective to investigate if this referred fund in Canaã dos Carajás has the characteristics of a subnational sovereign wealth fund for royalty management, and is able to promote sustainable development and the sharing of mining wealth in the city for future generations, in line with the constitutional corollary of guaranteeing intergenerational development and justice. The FMDS receives part of the CFEM collected in the city, and the hypothesis investigated shows that the FMDS, as a voluntary financial instrument, has a strategy with the potential to build a bridge between mining and sustainable development in the locality under study. The research is a case study, with a qualitative approach, based on bibliographic and documental review. A comparative analysis is carried out with other subnational funds, such as the Permanent School Fund of Texas, the Permanent Fund of Alaska, the Ilhabela Municipal Fund, the Maricá Municipal Fund, the Niterói Fund, the Espírito Santo State Fund, and the Itabira Fund. To this end, the parameters of the "Ex Ante" method of evaluating public policies are used, which check if it responds to a well-defined and relevant problem, the existence of a clear objective of State action, and if its design allows achieving the designed goal. The research concludes that although the FMDS has positive characteristics to promote the diversification of local productive activities, it offers low effectiveness if it is considered the main requirements for a fund to become a permanent instrument for generating development and propagating itself in the long term, for the benefit of the future generations.
O termo de ajustamento de conduta como instrumento do princípio do poluidor pagador no município de Barcarena
(Centro Universitário do Estado do Pará, 2021) Silva, Glenda Esteves dos Santos; Santos, Maria Paula Santos dos; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137
The intense industrial mining activity has generated recurrent socio-environmental damage in the Municipality of Barcarena. The central problem of this study is to analyze to what extent the Conduct Adjustment Agreement can be an instrument for the implementation of the Polluter Pays Principle in cases of socio-environmental damage. The main objective of the research is to contribute to the improvement of TAC as a method of conflict resolution, as well as to analyze the legal content of the Polluter Pays Principle, to analyze the general aspects of socio-environmental damage resulting from mining activity in Barcarena, and to analyze how TAC was adopted in order to implement emergency measures of polluter responsibility in the specific case analyzed. By means of the deductive method, qualitative approach and bibliographic and documental research techniques, we can conclude that TAC is in accordance with the Polluter Pays Principle as a form of guidance and implementation of the principle in relation to the polluter's responsibility for the costs of protecting the environment as a form of prevention and repair of the pollution generated, with the aim of seeking a balanced environment.
O uso da energia solar fotovoltaica e o pagamento por serviços ambientais
(Centro Universitário do Estado do Pará, 2022) Oliveira, Eduardo Couto Santos de; Azevedo, Sara da Silva; Ferreira, Luciano Cavalcante de Souza; http://lattes.cnpq.br/5475231517227221
This research analyzes the production and use of photovoltaic solar energy and the transition period regarding the time of payment of tariff components levied on the amount of surplus energy transferred to the local distributor provided for in Law 14.300/2022, under the prism of Law 14.119/ 2021, and thus identify it as a payment for environmental services (PES) policy. In view of this, we seek to conceptualize sustainability and its dimensions and explain the PES modalities, demonstrating its importance as a necessary public policy for the construction of a sustainable society. From this, it will be demonstrated that the installation of photovoltaic panels for transforming sunlight into electricity is a sustainable practice beneficial to the environment, and for this reason it should be considered as an environmental service capable of providing some type of payment to its user.
Principais impactos da atividade mineradora no Estado do Pará: o caso da Companhia Brasileira de Bauxita – CBB/USPAM
(Centro Universitário do Estado do Pará, 2020) Melo, Ana de Fátima Lopes; Bentes, Geraldo Afonso Lemos; Feio, Thiago Alves; http://lattes.cnpq.br/6097894612420336
The laboursassociatedwith mining, storage, processing, andtransportof ore, are carried out indangerousandinsalubriousareas. Most of the tragedies and environmental damage, that have social repercussions in the field of Labour Law, are triggered by human error. These activities have great and irreversible social and environmental impacts in the region, state, country and even in the world. This body of work intends to elaborate a brief exposition of the activities that are carried out in those conditions and the dangers that are always present, in a way which takes into consideration the responsibilities in the protection of means and labour relevant to the development and follow-up of such activities, without exhausting the theme as it is extensive. Some fields of Law, such as, Constitutional, Administrative, Civil, Social Security, Insurance and even Criminal, have obtained some improvements from companies, particularly, mining companies that employ around 1 million and 100 thousand workers, throughout the country, according to the Ministry of Mining and Energy’s National Plan of Minerals. It is known that the political, financial, and economic crisis remain difficult to be solved in a short amount of time and are now aggravated because of the global pandemic of Covid-19.
Reforma fiscal verde no Brasil: (im)possibilidades e perspectivas a partir dos exemplos nórdicos
(Centro Universitário do Estado do Pará, 2020-07-02) Gonçalves, Amanda de Souza; Tupiassú, Lise Vieira da Costa; http://lattes.cnpq.br/5599627735526045; Silveira, Alexandre Coutinho da; http://lattes.cnpq.br/7902423151331560; Fonseca, Luciana da Costa; http://lattes.cnpq.br/3383269305393137
The international scenario has been constantly debating alternatives to alleviate the ecological crisis and environmental taxation has been one of the ventilated economic instruments in this perspective, since it confers revenue to the public coffers, renewing the public revenues, and stimulates the introduction of sustainable measures in the productive activity, having as a vector the polluter-pays principle. Countries that have already adopted environmental taxation, especially the Nordic countries, have reformulated their tax systems, denominate the implementation of a green tax reform (GTR), a series of tax measures that contain, as a basis for delimiting their structures, the environmental component. The Brazil, having the largest environmental surplus in the world and needing to restructure its tax system, must verify the feasibility of implementing such a reform. In this sense, the objective of this research is to analyze to what extent GTR, from the experiences of the Nordic countries, can be implemented in Brazil. The research is exploratory, based on bibliographic and documentary research, with a case study on Finland, Denmark, Sweden, Norway and Brazil. It verifies, from the analysis of the tax and political structure of the countries, that there is no possibility of reproduction of the Nordic experience in the Brazilian context, but, some aspects can and should be used as examples for a better adaptation of the national taxation to the environmental dictates. The work falls within the area of concentration Law, Public Policies and Regional Development proposed by the stricto sensu graduate program in Law of the Centro Universitário do Pará, specifically in the line of research focused on Law, Environment and Regional Development, fitting in the research group of Environmental Taxation and Development research, as a result of the activities falling into the Environmental Taxation and Development research group, within the French-Brazilian international cooperation of the Junction Amazonian Biodiversity Units network and projects developed by it.
Responsabilidade civil frente ao risco ambiental e o dano extrapatrimonial coletivo
(Centro Universitário do Estado do Pará, 2018-12-13) Magalhães, Isa Campos; Fonseca, Luciana da Costa
This monograph deals with off-balance sheet Responsibility in the face of risk. The main purpose is to propose a reformulation in the current model of civil liability, which is linked to the past. The objective is also to study the applicability of collective moral damages in the face of risk, based on the principles inherent to environmental law, in particular, the right to the ecologically balanced environment, full reparation and irreversibility of environmental damages. It was a monograph from a jurisprudential and doctrinal research. In this perspective, the understanding adopted by the state courts and the superior court in relation to the scope of the applicability of collective environmental moral damage in face of the. In order to face this problem, we illustrate the importance of a new structure in the model of environmental civil liability, in order to internalize the new paradigm developed with the new risks that proliferate in a disorderly way, for which there is not yet the creation of significantly effective mechanisms for the protection of environmental protection. In view of this, we have made an in-depth analysis of the recent judgments regarding reparations in the face of risk, as well as moral damages, in such a way that we see the preponderance of understandings based on the status quo. It proposes, then, that the uncertainty prevails in the contemporary necessity, so that it is necessary to introduce forms of risk management, by consolidating the understanding that preventive and precautionary instruments should not be treated in a secondary way , but on the contrary, they should be used as parameters for the adoption of measures that mitigate risks, as well as proposals that provide an effective communication channel between civil society for the performance of decision-making programs. Finally, it has been demonstrated that modernity must apply civil responsibility as a model for the future, in order to achieve the effective preservation of environmental law.