Navegando por Assunto "Direito constitucional"

Agora exibindo 1 - 4 de 4

A democracia de Enrique Dussel como fundamento para efetivação do novo constitucionalismo da América Latina: a análise dos dispositivos constitucionais do conselho de participação e cidadania do Equador, da plurinacionalidade e da jurisdição boliviana
(Centro Universitário do Estado do Pará, 2021-02-23) Ferreira, Gabriela Brito; Pinheiro, Victor Sales; http://lattes.cnpq.br/0416222855469529; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Taxi, Ricardo Araújo Dib; http://lattes.cnpq.br/2208519070757294
This dissertation aims to understand decolonial thinking, using it as a source for the emergence of the practice of New Constitutionalism in Latin America, demonstrating a paradigm transition and the importance of thinking the existing models from new perspectives. In this context, the new Latin American Constitutional model is presented and detailed, as well as its challenges, which imply the argument of a certain popular participation devices ineffectiveness and focuses on these countries' plurinationality. Thus, the dissertation starts from the hypothetical deductive method, which through a line of reasoning deduces from pre-established information. It presentes a qualitative approach with documented bibliographic review procedure, investigates scientific articles, books and videos on decolonialism, Latin American democracies and the Latin American New Constitutionalism. This is an explanatory research, as it tries to bring explanations about the coherent themes, as well as about the history of the Latin American countries. Therefore, the work sought to answer: How does the democratic theory, contained in the work “Carta a los Indignos” by Enrique Dussel, enable the practice of constitutional provisions which are in the Latin American New Constitutionalism third Cycle? Based on this point of view, the dissertation presents Dussel's democratic essay recovering the union of participatory and representative democracy, constantly and wrongly placed as opposites. In his view, legitimacy is presented from the perspective of popular sovereignty, being the most important, however, to make it reasonable in populous countries, as Latin American countries are, it becomes necessary the appreciation of representative democracy in order to solve the demands presented by participatory democracy. In this way, the dissertation, through the theory of Enrique Dussel, tries to bring a response to the inefficiencies of certain provisions in the Latin American New Constitutionalism Constitutions, giving even more legitimacy and urgency to its real effectiviness.
A legitimidade ativa privativa do Ministério Público nas ações de improbidade administrativa e sua inconstitucionalidade
(Centro Universitário do Estado do Pará, 2022) Barbosa, Bruno Farias; Costa, Giliarde José da; Miranda, Ana Amélia Barros
The present work aims to analyze the constitutionality of the suppression of the active legitimacy of the Public Administration in administrative improbity lawsuits, resulting from the reform of the Administrative Improbity Law (Law 8.429/1992). This is a study carried out under the methodology of bibliographic review, using as source laws and jurisprudential research, as well as literary works, periodicals, academic productions and articles on electronic sites of recognized legal content. It begins with the approach of Brazilian federative model concepts, followed by the listing and definition of administrative principles pertinent to the subject, proceeding with the presentation of concepts of the Law of Administrative Improbity and ending with the presentation of the position of the Federal Supreme Court on the theme. In the end, it concludes with the analysis of the concepts raised and the author's position regarding unconstitutionality.
Uma reflexão sobre o uso das medidas provisórias pelos presidentes brasileiros após a Constituição de 1988 seus riscos à separação dos poderes
(Centro Universitário do Estado do Pará, 2019-06-24) Diniz, Gabrielly Cardoso; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Sá Junior, Adalberto Fernandes; http://lattes.cnpq.br/6130514234799965
The recurrent violation of the basic rights of the citizen in a context of great institutional insecurity and high concentrations of power, where the people lived susceptible to the arbitrariness of the sovereign, who gathered all the power in himself, did with the development of, over the centuries, which today is called the Principle of the Separation of the Functions of the State. This principle, along with the system of checks and balances, favors a division in functions of the Executive, Legislative and Judiciary, in which one cannot overlap with the other, but will be in constant collaboration and vigilance, in order to avoid the excesses of power. This academic work proposes to search for the number of Provisional Measures published and converted into law from 1995 to 2018, seeking to understand the interference of the Executive over the Legislative and to verify if there is an imbalance in the exercise of State functions and what their possible consequences. For that, a bibliographical, documentary and theoretical research was carried out through a deductive method, and as a technique, textual and interpretative analysis.
Uma análise da constitucionalidade do novo crime de violência psicológica contra a mulher – Art. 147-B do Código Penal
(Centro Universitário do Estado do Pará, 2022) Pinto Neto, João Inácio Braga; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124
The present research aims to investigate the constitutionality of the crime of psychological violence against women, typified in art. 147-B of the Penal Code, especially in light of the constitutional principles of equality, both in its formal and material dimension, and legality, as well as its corollaries in Criminal Law. For this, the methodological procedure of bibliographic research was used, investigating primary and secondary sources, for the analysis of statistical data, especially regarding rates of psychological violence, its difference between men and women, and inspect the doctrinal views regarding the constitutional principles and the criminal type analyzed. We conclude that art. 147-B of the Penal Code ends up violating the principle of equality, since statistically there is no great disparity in the rates of psychological violence between men and women, and in fact, recent studies shows that in many cases men are the biggest victims of this type of violence, and so that the discrimination contained in the text of the crime is unfounded, therefore there's no positive discrimination. In addition, the art. 147-B also violates the principle of legality, since due to the great indeterminacy contained in its text, it would end up giving wide scope of interpretation to law enforcers, favoring arbitrariness on the part of the State.