Navegando por Assunto "Direitos fundamentais"

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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.
A personalidade jurídica do nascituro e o status jurídico do feto anencéfalo no Brasil
(Centro Universitário do Estado do Pará, 2022) Ribeiro, Ingrid Karolene da Costa; Resque, Rafaela Teixeira Sena Daibes; http://lattes.cnpq.br/1787469992107576
The moment at which a legal entity begins in Brazilian legislation is not unanimously agreed upon in the legal literature. In that regard, this article seeks to analyze the main theories concerning this polemical and heated discussion. In short, the natalist theory defends the obtaining of personality only after birth, possessing the unborn child, then, mere expectation of rights; the theory of conditional personality emphasizes that the one who is not yet born retains its rights in suspensive condition contingent on live birth; for its part, the conceptionist theory, is the only one that provides fundamental rights to the unborn child, recognizing conception as the starting point of life, with personality being attributed at that exact moment. The arguments find fertile territory for debate in the lack of clarity of article 2 of the civil code of 2002, which safeguards right for the unborn child, but leaves its interpretation to the legislator who must use a systematic view of the legal order in order to obtain fair results. As an example, it was necessary to analyze the legal status of the anencephalic fetus through the controversial claim of non-compliance with fundamental precept n°54
As consequências da jornada de trabalho 12x36 dos trabalhadores da área da saúde sob a perspectiva do princípio constitucional da dignidade da pessoa humana
(Centro Universitário do Estado do Pará, 2024) Martins, Luciano Jesus Hage; Pereira, Emília de Fátima da Silva Farinha; http://lattes.cnpq.br/1293396275281875
Thisworkaimstoexplaintheworking hours ofhealthprofessionalsthroughthe perspective oftheconstitutionalprincipleofhumandignity. Duetothefactthattheworking hours oftheseprofessionals are veryexhausting, therefore, they are in disagreementwith labor lawsandaboveallwiththeprincipleofhumandignity, consideringthattheseworkershave a workingdaythat in turnoverloadsthem. As a result, theworkingenvironmentoftheseprofessionalsbecomesunsustainable for themtocarry out theiractivities. Throughoutthearticle, it willbeexplained in detailhowtheworking hours ofhealthprofessionals are notcomplyingwiththeprincipleofhumandignity.
Assédio de consumo e superendividamento de consumidores hipervulneráveis no Brasil
(Centro Universitário do Estado do Pará, 2022) Bentes, João Victor Martins; Coelho, Lunna Martins; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138
This article aims to analyze consumer harassment and hypervulnerability of elderly consumers, emphasizing the consequence of both phenomena, known nowadays as over-indebtedness. Through a theoretical-normative study, but also with reflections of a practical nature, the article presents bibliographical and documentary analyzes on the nuances of the current frenetic consumption mode that, through the harassment of consumption practiced by institutions, results in irreversible indebtedness of the elderly consumer. The theme is of extreme socioeconomic relevance and gives an innovative study of the Brazilian legal system, since there are still great controversies around the aforementioned theme. In this sense, the article intends to shed light on Law 14.181/21, the Over-indebtedness Law, which was created with the objective of solving some current problems of Consumer Law in Brazil, among them the one that is intended to be emphasized: the harassment of consumption and over-indebtedness of the hyper-vulnerable population.
O conflito entre o direito à moradia e o direito à propriedade privada: uma análise da jurisprudência do judiciário paraense
(Centro Universitário do Estado do Pará, 2019-06-17) Nascimento, Juliana Leal da Costa; Lima, Luciana Albuquerque; http://lattes.cnpq.br/3927152172709201; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
The present work of course conclusion seeks to investigate and analyze the jurisprudence of the Court of Justice of the State of Pará to investigate the decisions that involve conflicts related to the right to housing and the right to private property, both rights constitutionally protected, from a perspective human rights and fundamental guarantees, in order to assess any non-observance or violation of those rights. The paper also proposes to make a brief analysis of changes in legislation, customs and the relationship between society and the right to housing and property rights over the years. In order to reach such objectives, the work seeks to analyze constitutional and infraconstitutional legislation, with special attention to the mechanisms that deal with the social function of property.
Direito de desconexão do trabalho: uma análise do impacto da conexão excessiva na saúde mental do trabalhador à luz dos direitos fundamentais
(Centro Universitário do Estado do Pará, 2023) Silva, Juliana Andréa Ruffeil Melo e; Santos, Juliana Lino dos; Pereira, Emília de Fátima da Silva Farinha; http://lattes.cnpq.br/1293396275281875
This research is directly related to the material labor law, specifically with the theme "disconnection within labor relations" this acting on the impact of excessive connection of work which generates consequences in the life and mental health of this employee, it is also worth mentioning, including the physical health that is also damaged because of this excess. Nevertheless, for this right to be observed, the principles and fundamental rights set forth in the constitution and in the consolidation of the labor laws will be used as a research base, covering modalities, rests and basic needs that the worker can enjoy in his work environment, as well as in his environment beyond work. In the meantime, during the research, it will be discussed the possible physical and mental diseases that result from the lack of disconnection, which damage the worker's health, as well as to present the obvious violation of basic rights due to excessive labor connection.
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.
Fundamentos filosóficos dos direitos humanos: a alternativa teórica do humanismo latino em Francisco de Vitória
(Centro Universitário do Estado do Pará, 2016) Guimarães, Hiago Mendes; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; Pinheiro, Victor Sales; http://lattes.cnpq.br/0416222855469529
It deals with Latin humanism at the Salamanca School in the 16th century by reading the central works of Francisco de Vitoria and the possibility of this as a viable alternative for the philosophical foundation of human rights in the contemporary world. For this, it begins with a presentation of the School of Salamanca and the master Francisco de Vitoria, dealing with it, of its importance for international law, to analyze his main works, De Indis and De iuri belli, in order to provide a vision of Latin humanism and its presuppositions for a philosophical foundation of human rights. Then goes on to deal with a foundation opposed to Latin humanism, synthesized in the reason of State, observed in the writings of Niccolo Machiavelli and Thomas Hobbes. To finally lay the foundations of that it deems necessary to propose a philosophical foundation of human rights, through the presentation of an understanding of what would be human rights and the necessary elements for a basis of these, such as their relationship with medieval and modern natural rights, its commitment to an understanding of history, among other issues. It works with the initial hypothesis that Latin humanism can serve as a viable alternative model, but in the end, we have critical considerations about this understanding, based on the critical elements resented in what is necessary for a philosophical foundation.
Igualdade formal e segurança jurídica nas decisões judiciais em ações coletivas para fornecimento de medicamentos: um estudo de casos da Seção Judiciária Federal do Estado do Pará
(Centro Universitário do Estado do Pará, 2014-11-28) Pereira , Leonardo Fadul; Dias, Jean Carlos; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Silva, Beclaute Oliveira; http://lattes.cnpq.br/2567266014708590
The social rights are in the 1988 Constitution and they are fundamentally ensured by the positive provision and the relation to the constitutional value and objectives to attend the human dignity principle. Formal equality as a constitutional value must be the way to accomplish social rights by the Government. When individuals are of the same judicial position, they must avoid unequal treatment. Public health is a citizen right and it is necessary for a good life, which includes medicament treatment. It is essential for the human cure and recovery to be offered by the Government as a social right obligation. The present study attempts to demonstrate the unequal treatment between the individual and the collective in some judicials decisions in medicaments class action in the Federal Judiciary Section of the State of Para. The technical for this research were to study cases from this particularly Federal Justice that involved medicaments class action during the years of 2011 through 2014. The results brought that the judicials decisions researched partially violated the fundamental social right to remedy assistance. In conclusion, from the point of view of the judicials decisions balance, the social fundamental right to remedy assistance were partially respected when provided it to an individual, but not respected this right when did not provided it to the collective, according to the constitutional positive prescription about the fundamentals rights.
O limite das obrigações do estado no fornecimento de medicamentos de alto custo a pacientes com neoplasia maligna
(Centro Universitário do Estado do Pará, 2019-06-18) Rodrigues, Brendha Figueiredo; Brito Filho, José Claudio Monteiro de; Bastos, Elísio Augusto Velloso
The present study analyzes the limits of the State's obligations to guarantee the right to health in the distribution of high-cost medicines to patients receiving treatment for Malignant Neoplasia. Its purpose is to define the responsibility of the State in the distribution of remedies in a fair and egalitarian manner, taking into account the need of all those who seek, in some way, to guarantee their right to health and life. In order to do so, we indicate John Rawls's theory as sufficient to support this consideration, disregarding the Possible Reserve Theory, constantly applied in judicial cases to justify the inefficiency of the State, and to promote public policies guaranteeing the medicines necessary for individuals. We advocate providing medicines equitably to all citizens, especially those of high cost who are not registered with ANVISA and due to this factor, there is no provision by the Unified Health System. The methodology will be the bibliographical survey based on doctrines available in books and periodicals, articles and master's theses. Therefore, this is an eminently theoretical study, developed with a view to understanding that health is a fundamental right, especially in cases of patients with Malignant Neoplasia who require the distribution of high-cost drugs in a full and accessible way, taking into account in view of the complexity of the treatment and in most cases, patients' hyposufficiency.
Mobilidade urbana e federalismo: repartição de competências em matéria de transporte público coletivo no município de Belém
(Centro Universitário do Estado do Pará, 2015) Rendeiro , Carla Blanco; Cichovski, Patrícia Kristiana Blagitz; http://lattes.cnpq.br/8940927801366003
The present work aimed to analyze the distribution of competences between the entities of Brazilian federation arranged in the Federal constitution of 1988 in particular, the urban competences related to urban mobility and urban public transport, in order to demonstrate how the issue affects the joint actions of governmental entities in Belem township. The actions aimed the execution of mobility in the cities, especially those aimed at motivating the use of collective public transport, are understood as public functions. In the exercise of these functions, the governmental entities should identify their respective competences to legislate about the issue and implement the necessary actions for development observing the constitutional and infra-constitutional principles and rules. Thus, it was identified, first , the origin of the term urban mobility and its current concept, by inserting it in the context of urbanization and metropolization of the country, showing that the current definition widespread in Brazil from actions of the Federal government in 2003, is not restricted to the legal concept and it is inserted in a bigger context that requires the participation of the public power to ensure that the movement of people and goods occur efficiently , safely, physically accessible , financially and sustainable in order to provide the social function of the city and, therefore, a better quality of life for people. It was also done, an analysis of Federalism and about the formation of the Federal Brazilian state to identify the general situation of the distribution of competences in matter of urbanistic and in urban transport and, from this analysis , reach the diagnosis of the performance of municipal, state and federal governments in Belem township , while head of the metropolitan region in actions aimed at improving the urban and metropolitan transports , implementing the constitutional order to exercise their common and competitive competences in a coordinated and cooperative way.
O agravamento da crise dos refugiados em tempos de neoliberalismo e a ressignificação do papel do Estado
(Centro Universitário do Estado do Pará, 2019-12) Mello Neto, Ridivan Clairefont de Souza; Reymão, Ana Elizabeth Neirão; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; http://lattes.cnpq.br/7523845838580356; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; Martins, Ricardo Evandro Santos; http://lattes.cnpq.br/0592012548046002
This dissertation discusses the weakening of the implementation of social policies and the marginalization of vulnerable groups such as refugees, due to the advance of neoliberalismo and the negation of State provision of fundamental rights through social policies. We analyze the individual-State relationship of foreign groups in Brazil and the legal treatment given to them to show the absence of their effective reception and inclusion. The reasons for refugees should be seen as a vulnerable group that demands state protection. The question then arises as the imposition of neoliberal rationality affects the promotion of social policies for this group and changes the relations between individual, state and society, implying a process of de-democratization in the face of the lack of commitment to the concretization of citizenship in its social aspect. It is argued that the establishment of the neoliberal model transforms the purpose of the State's existence and alters this relationship, resulting in a reduction in the promotion of universal social policies to guarantee fundamental rights and promote citizenship of refugees. It is concluded that neoliberalism, by deconstructing the sense that it is up to the State to correct inequalities and imposing economic logic as a criterion of public policy decisions, alters understandings about citizenship and the universality of rights associated with these policies.
O direito a saúde mental como garantia fundamental do trabalhador
(Centro Universitário do Estado do Pará, 2020) Medeiros, Anna Julia Muricy de; Cabral, Ana Carolina Marinho; Pereira, Emília de Fátima da Silva Farinha
This article aims to make an analysis of work activities and how it can influence worker health, focusing on mental health. It is possible to clarify that, with the evolution of technology and sectors of the economy, the labor market has become increasingly competitive, and this consequence has become dangerous since it weakens the psychological health of the employee, who lives under constant pressure to bring the retorna that the company expects. This fragility as a result of work has led a considerable number of workers to ask for leave from their activities, generating high costs for the company and irreparable consequences for the employee. In this sense, the study of the theme is of paramount importance, since a healthy work environment and health are fundamental social rights ensured by the Federal Constitution of 1988. Thus, the work aims to show the relevance of the theme for society by tracing an analysis from the evolution of labor rights, to the right to mental health considered fundamental and the consequences of non-observance of this right in employment relationships.
O processo estrutural como meio de garantia do direito fundamental à educação inclusiva
(Centro Universitário do Estado do Pará, 2021-01-18) Faria, Thanyele de Mesquita; Araújo, José Henrique Mouta de; http://lattes.cnpq.br/0717263241559819; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Guedes, Jefferson Carlos Carús; http://lattes.cnpq.br/6113644587152735
The present research proposes to analyze the structural process as a means of guaranteeing the fundamental right to inclusive education, in view of the difficulty that Brazil has in implementing its own constitutional law, in the sense of effectiveness of education for all, with an appropriate teaching and without discrimination. And from the moment when educational issues are judicialized, configuring them as structural disputes, that is, when there is the collective, polycentric, multifaceted dimension of the specific case, the possibility of using a new procedural form, which is, the structural process, with the purpose of reformulating or restructuring a particular practice or system, with the objective of guarantee rights disrespected as yet. In this sense, this research aims to answer the following question: can the structural process be considered an instrument to guarantee social rights, such as inclusive education? If so, what is the best way? In that way, the general objective of this study is to analyze the peculiarities of the right to inclusive education, as well as the elementary points of the structural process, as a new landmark, which will break paradigms and be effective in terms of the protection of fundamental rights, being able to be used in social rights, of great regional and/or national repercussion, with the purpose of rethinking the process model we have today and guaranteeing greater dialogue and cooperation between all procedural and institutional actors. For that, a methodology of mainly bibliographic, documental and jurisprudential nature was used as methodology, being the research eminently theoretical.
O trabalho nas comunidades tradicionais da Amazônia: uma análise a partir do trabalho decente
(Centro Universitário do Estado do Pará, 2024) Silva, Eduarda Salviano Pinheiro da; Pereira, Iasmyn do Socorro de Lima; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537
This study aims to analyze the application of the concept of decent work in traditional riverside communities in the Amazon, with a special focus on the State of Pará. Starting from a deductive and bibliographic approach, the study investigates the fundamental right to decent work and the relevance of its implementation in these communities, which have a direct relationship with cultural preservation. The research explores how decent work — characterized by the guarantee of rights, social protection and safe working conditions — is reflected in the reality of riverside populations, who live in a context of social and environmental vulnerability, aiming to highlight the importance of ensuring decent working conditions and its impacts on social inclusion and economic justice for these populations, while preserving their way of life and the biodiversity of the Amazon. Subsequently, ways of making decent work effective in these communities are discussed.
Os direitos autorais e a proteção das obras produzidas por Ghost-Writers
(Centro Universitário do Estado do Pará, 2024) Pereira, Maria Eduarda Tourinho; Santos, Andreza Casanova Von Grapp; http://lattes.cnpq.br/9121358785114807
This article examines the evolution of copyright and its application to ghostwriting, highlighting the legal and ethical dilemmas faced by these professionals in Brazil. The practice originated in Ancient Greece and Rome and became consolidated over the centuries, particularly in literature. Copyright law, on the other hand, has more recent origins, with the enactment of the first copyright protection law in England in the 18th century being a notable milestone. In Brazil, Law No. 9,610/98 was a significant step in regulating copyright relations in the country. However, it lacks explicit provisions regarding ghostwriters, leading to legal uncertainty in matters of authorship and rights. This paper aims to analyze the role of ghostwriters and explore how they fit within Brazilian legislation through exploratory research based on a bibliographic review of legal doctrines, statutes, and case law.
Os precedentes judiciais como forma de superação da crise de tempestividade na prestação jurisdicional brasileira: em busca da razoável duração do processo
(Centro Universitário do Estado do Pará, 2015-04-09) Pereira, Bernardo Augusto da Costa; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Góes , Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
This study aims to demonstrate the relevance of judicial precedents to overcome the timing crisis in adjudication, by which the Brazilian Judiciary goes by. Therefore, the legal traditions of civil law and common law are briefly analyzed, with greater focus on the latter, in order to demonstrate the approach that occurs between such legal families, and that there are no barriers to the use of judicial precedents by affiliated countries to the Roman-Germanic tradition. It is also studied the theory of judicial precedents, being defended a hermeneutic and dialectical conception of these institutions, as well as favorable arguments for their use. In the same way, the essential elements for a proper understanding of the theory of judicial precedents, besides the revocation techniques, are target of specific analysis. The neoconstitutionalist and neoprocessualist conceptions that start to affect the Brazilian Judiciary after the advent of the Constitution of the Republic of 1988 are target of attention in the same way that the arguments against the adoption of judicial precedents in Brazilian law. Then, due to the expansion of techniques of judicial decision’s binding, understood as part of a public policy in favor of reasonable duration of the process, the institutes of binding summary, general repercussion and the New Code of Civil Procedure, with focus on the incident of resolution of repetitive demands, are object of careful study. Finally, in order to deepen the quality of application of judicial precedents in the Brazilian law, it is studied the theory of Ronald Dworkin, with greater focus on law as integrity. It is concluded that the judicial precedents, if well managed, are able to promote an increase in quality of judicial decisions, and also assist the Brazilian Judiciary to achieve the reasonable duration of the process and, hence, the due process of law.
Processos estruturais como mecanismo de acesso à justiça e a direitos fundamentais
(Centro Universitário do Estado do Pará, 2021-02-25) Canto, Camila de Paula Rangel; Araújo, José Henrique Mouta de; http://lattes.cnpq.br/0717263241559819; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Góes, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
The present essay aims to analyze the limitations of process’s and society’s institutes and traditional ideas and how these institutes are insufficient to build effective responses to the resolution of high complexity conflicts, considering that these limitations interfere directly in the effectiveness of the fundamental right to access to justice. To do that, this works will approach how the study of structural reform and its origins in the north-American doctrine could be a tool of construction of effective responses, implementation of public policies, fostering the participation of society and its multiple actors and interests. At last, specific institutes that are inadequate to the protection of fundamental rights and guarantees and proposals will be discussed to implement social, procedural and in separation of power’s transformations, in na effort to obtain procedural technique able to solve complex litigation.