Navegando por Assunto "Direitos humanos"

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Uma análise das múltiplas violações das garantias fundamentais pela negativa do Registro Civil
(Centro Universitário do Estado do Pará, 2019-06-03) Brito, Patrícia Araújo de; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229; Mello Neto, Ridivan Clairefont de Souza; http://lattes.cnpq.br/2238109792714388
This project aims to analyze the violated rights of eight indigenous Waraos, born in Belém, due to the denial in the making of the birth registration, by the Brazilian authorities. This occurs due the lack of efficacy given to the refugee protocol as a valid document to identify the refugee and to assure the right of registration. The research shows that the legal documents allows the regularization of the Venezuelan immigrant in the Brazilian territory, showing that the refugee protocol is a provisional document to identify taw refugee, according to the “Resolução Normativa CONARE nº 18” from 30/04/2014, Lei nº 9.474/97, Law nº 13445/17, as well as the Presidential Decree nº 9277/2018. Besides, this article aims to show, by studying the right to citizenship and criteria used by Brazil to grant this right, that those children are considered as Brazilians, but they don’t have these right granted, once the right is given by the registration act, which is important for the national data base of the citizens. Therefore, it’s argued that those individuals are in a condition of statelessness, which is the understanding utilized by international documents, the Inter-American Human Rights Court in their decisions and the High Commissioner of the United Nations for Refugees in its Resolutions. In conclusion, the right of registration is a basic human rights that allows the efficacy of other rights. For that matter, the registration act is a obligatory document, as can be seen in the Law of Public Registration, nº 6.015/73, International Covenant on Civil and Political Rights (1966) and the Convention on the Rights of the Child (1989), and so the denial in elaborate the document violated several rights, such as the right to personality, to citizenship, to the name and other social rights.
Aplicação do benefício de prestação continuada para portadores HIV/AIDS no Estado do Pará
(Centro Universitário do Estado do Pará, 2019-05-31) Oliveira, Ruth Rafaela Reis de; Bessa, Eli Meneses; http://lattes.cnpq.br/5777497390531267; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
This work had as objective the application of the copyright law in infraconstitutional laws with regard to the idea of social security, there is no assistance in the treatment of seroreagents in a health unit in the State of Pará. The treatment of a monograph, that is , a bibliographic description of HIV / AIDS patients has provided information about the patterns that are found after diagnosis within the Brazilian state, with accuracy to BPC / LOAS. In this research, we made an e-mail between the social and social security forms and the information contained in this form.
Após 20 anos da aceitação da competência da Corte Interamericana de Direitos Humanos pelo Brasil: uma análise da fundamentação dos casos Gomes Lund Vs. Brasil (2010) e Herzog e Outros Vs. Brasil (2018)
(Centro Universitário do Estado do Pará, 2019-06-14) Aragão, Amanda de Oliveira; Bentes, Natália Mascarenhas Simões; Fadel, Anna Laura Maneschy
En virtud de que Brasil se sometió a la competencia contenciosa de la Corte Interamericana en 1998 y fue condenado en 2010 con el caso Gomes Lund y otros Vs. Brasil ("Guerrilla del Araguaia") y en 2018 la Corte Interamericana dictaminó que condenó en el caso Herzog y otros Vs. Brasil, la presente monografía enfrenta la siguiente problemática: en qué medida los 20 años de la sumisión de Brasil a la Corte Interamericana fueron imprescindibles para el juicio de los casos Gomes Lund y otros Vs. Brasil y Herzog y otros Vs. Brasil ?. De esta forma, el objetivo es presentar que en esos 20 años hubo alteración relevante de la jurisprudencia del Tribunal Interamericano. Para ello, se realiza un análisis jurisprudencial comparativo en el que se eligió, entre los más pertinentes, un caso por año que versó sobre desaparición forzada o Ley de Amnistía que fueron sentenciados por el Tribunal Interamericano durante esos 20 años. Sin embargo, antes de entrar en el fondo de las decisiones es necesario examinar la evolución del Derecho Internacional Público y los reflejos de esa evolución en la protección de los derechos humanos, precipitadamente en la efectividad de esos derechos. Así como, analizar la fundamentación utilizada por la Corte Interamericana para reprender la desaparición forzada y la incompatibilidad de la Ley de Amnistía con el Pacto de San José. Además, es necesario comprender la imprescindibilidad de la existencia de precedentes para la plausible responsabilización de Brasil, las decisiones del Tribunal Interamericano han progresado para cada vez más humanitario. Por último, en virtud de las decisiones del Tribunal Interamericano poseer un carácter vinculante, es criticado el no cumplimiento total de los referidos juzgados por Brasil hasta los días de hoy, mientras que éste no demuestra la plena aplicación del derecho internacional de los derechos humanos.
O caso Olga Benário sob a Fórmula de Radbruch: uma análise jurídica
(Centro Universitário do Estado do Pará, 2019-06-04) Todde, Monique Melo; Nascimento, Yúdice Randol Andrade; http://lattes.cnpq.br/2711805209472107; Alves, Verena Holanda de Mendonça; http://lattes.cnpq.br/6473788796313910
The present case study deals with various themes, all of them linked in a philosophical concept corresponding to a main theoretical reference. The main idea came from the knowledge and acess to the full content of the Habeas Corpus n° 26.155/1936 – Case Olga Benário, in diligences next to the File Section of Coordination of Document Management and Institutional Memory of Federal Supreme Court, wich is attached to this work. The work was, in essence, directed to the letter that corresponds to “Five Minutes of Legal Philosophy”, a circular that Gustav Radbruch addressed to the Heidelberg University academics, published in the edition of september 12, 1945. The effective concept of justice is discussed, the historical background linked to the theoretical reference and if the case was judge correctly back them, or whether it could be done otherwise. The concept of Access to Justice in a context of clear regime of exception in the face of the historical aspects that guided the trial and its due circumstances, is a striking feature of this extremely controversial theme for his time, mainly due to the jurisdictional burden conferred by the STF. For finish, the question will be respond by the premise that unjust law is not law. The goverment of Getúlio Vargas complied the law, treating the judgment of Olga Benario as unilateral, so that it will be argued that justice did not occur in this trial.
A indústria pornográfica e a subjugação da mulher: uma crítica ao pensamento liberal como perpetuador da dominação masculina
(Centro Universitário do Estado do Pará, 2019-06-03) Maribondo, Rebeca Lopes; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229; Azevedo, Thiago Augusto Galeão de; http://lattes.cnpq.br/5496674400879290
This present work will analyze the question of female subjugation related to the pornographic industry, influenced by the liberal theory in perpetuating the restriction of women’s rights with regard to freedom and human dignity. It is intended to verify the results of pornography in the lives of women, whether pornographers or not, in the sense that free movement of pornographic product brings determinant social visions about the sexual relation and the way in which the woman reacts to it, being an irreversible factor in the increase of sexual violence against the female sex. For this, the liberal theory will be analyzed in order to develop the idea of the negative influence of the contract with respect to the false perception that women fully exercise their freedom, which generates the imaginary of them being responsible for the acts of third parties against their dignity. It will be defended the position that the pornographic industry, widely authorized through the contract of liberal theory, is a fundamental instrument in the perpetuation of patriarchy and, consequently, in the curtailment of fundamental human rights of women. This study is primarily theoretical, with critical analyzes of doctrines from books and scientific articles, with statistics analyzing the consequences of consumptions of the pornographic product. The main objective will be to see how patriarchy, liberal theory and the pornographic industry relate to continuing the male domination over the female sex in such an intense proportion as to irreversibly violate women’s fundamental rights.
A liberdade religiosa como justificativa para o custeio de tratamento alternativo de saúde por parte do Estado: uma análise do Recurso Extraordinário 979.742
(Centro Universitário do Estado do Pará, 2018-12-18) Leal, Andréa Santos Borges; Bastos, Elísio Augusto Velloso; Leal, Ana Christina Darwich Borges
The present work aims to analyze the religious phenomenon and its historical evolution, in view of the consecration of religious freedom as a human and as a fundamental right, in the various international documents, as well as in the Brazilian Constitutions, until the current context, where there are a plurality of religions. Due to such diversity, it intends to equate the problem regarding the limits within which the State can rely on a certain religious thought for the purpose of adopting, or not, specific public policy, considering that, at the same time, it needs to act in an active way, guaranteeing to all its citizens the protection of the aspects that integrate the normative scope of religious freedom, mentioning freedom of belief, proselytism, conscientious objection, freedom of worship, self-determination, etc.; just as the Public Power must maintain a certain neutrality and non-interference, so it does not privilege the majority's belief over the minority creed, thus, promoting the effective separation of Church and State, wich is relevant to the concept of the Lay State. In this bias, this research brings as an example (and as a demonstration of the problem that the effectiveness of the clause of State-Church’s separation faces), the Extraordinary Appeal n ° 979.742, which arrived at the Supreme Court to answer the question that, here, it aims to solve: can you consider religious freedom a justification for the cost of alternative health care? To get to a reasonable result, the proportionality principle will be used as a rational instrument for the collision of rights.
Os limites do aborto no ordenamento jurídico brasileiro
(Centro Universitário do Estado do Pará, 2019-06-26) Medeiros, Elizabeth Parente e Silva de; Brito Filho, José Claudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Souza, Luciana Correa
The present monography that concludes the Bachelor's degree in law aims to give an overview on the matter of abortion in Brazil, it's modalities and evolution, offering some insight on its implications on the legal order. The goal is to demonstrate the necessary path towards the decriminalization of abortion as the only possible path possible, because it is necessary to the full realization of women's fundamental rights. In this sense, the discussion raised in this research is subsidized by a methodology of a basic nature, based on theoretical and bibliographic explorations that make possible the understanding of the theme and justify it's social, academic and professional relevance. The paper is structured in three chapter’s, in the first chapter we examine the main concepts of abortion and its legal treatment; in the second, We analyze the theses raised by Ronald Dworkin in his work the domain of life, as well as pass through liberal and conservative conceptions regarding the abortion theme; in the third chapter, an analysis is made of the jurisprudence of the country and of the Ação de Descumprimento Fundamental (ADPF) n° 442, which may culminate in the decriminalization of voluntary abortion until the 12th week, ending with a brief estimate of the judgment that has not yet occurred.
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.
A negação do direito à moradia aos núcleos urbanos informais: os despejos forçados à luz da jurisprudência do Tribunal de Justiça do Estado do Pará
(Centro Universitário do Estado do Pará, 2019-06-03) Figueiredo, Renata de Cássia Brito; Lima, Luciana Albuquerque; http://lattes.cnpq.br/3927152172709201; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
This paper aims to demonstrate how the right of housing, a social right recognized in the Constitution and in the Internacional Covenant on Economic, Social and Cultural Rights, is applied in the jurisprudence of the Court of justice on the State of Pará, when dealing with lawsuits that implicate on forced evictions of a amount group of pleople. It was a monograph, coming from a bibliographical research of description of the doctrinal and jurisprudential positions on the proposed subject. In order to fulfill its purpose, other sources of information were used, emphasizing books, scientific articles and national and international legislation. However, this paper pays more attention in the analyzes of the decisions on lawsuits cases in the paraense court of justice. In this investigation, was analysed how the right of housing is recognized in the national legislation, included in constitution by the constitucional amendment number 26/2000, and its international protectional, especially in the Internacional Covenant on Economic, Social, and Cultural Right, with its the General Comments numbers 04 and 07. In the same way, was analyzed what is an forced eviction, and how it is prima facie incompatible with human rights. Lastly, was analyzed some decisions of the Court of Justice of Pará, about forced eviction on an amout group of people, using the directions predicted on the general Comment number 07. As result, the conclusion was that the Court of Justice of Pará don’t use the directions found in the Covenant on Economic, Social, and Cultural Rights and in its General Comments nº 04 and 07.
O nominalismo e a declaração universal dos direitos humanos: genealogia da generalização de valores dos direitos humanos
(Centro Universitário do Estado do Pará, 2017) Rodrigues, Bráulio Marques; Simões, Sandro Alex de Souza; Weyl, Paulo Sérgio Albuquerque Costa; Martins, Ricardo Evandro Santos
It deals with the generalization of values in the modern culture of human rights and, through a genealogical methodology in the light of Hans Joas, aims to establish an approximation of the scientific study of the Universal Declaration of Human Rights with nominalism, in particular, to the conceptions of Subjective right and conscience in Guillaume de Ockham. Because of the paradigmatic framework for modernity, the genealogical task begins with the exposition of the epistemological scenario of the Declaration of the Rights of Man and of the Citizen and, through a hermeneutical reading, conceives common philosophical presuppositions between the idealism of Enlightenment [or Enlightenment] And Nominalism. Then, regarding the critique and condition of universal values, recourse to the contribution of Guillermo de Ockham's thought to legal dogmatics. Finally, it presents an epistemological alternative to the repercussions of the debate between Nominalism and Realism in what refers to the attempt to conciliate the argumentative generalization with the configuration of universal values in the actuality of the scientific study of Human Rights.
As normas de proteção ao imigrante e a crise na Venezuela
(Centro Universitário do Estado do Pará, 2019-06-03) Medeiros, Victor Augusto Silva de; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229
The research addresses the rules that involve migration and the request for refuge at na international and national level, emphasizing the specific situation of Venezuelans seeking shelter in Brazil, avoiding the humanitarian and political crisis that plagues Venezuela. For this purpose, data collection, bibliographic searches of books, scientific articles, doctrine and international documents were used as a methodology to observe whether the application and regulation of the Migration Law and institutes at national level correspond to what is is established by the protection of the immigrants themselves, as well as by what is expected of Brazil as a signatory to the Pact of San José, Costa Rica and member state of the United Nations High Commissioner for Refugees. It will be demonstrated that the action of the Brazilian State in relation to the treatment of the immigrant is, in part, incompatible with the current legislation. The work is structured in three chapters, the first one examines the 1951 Geneva Convention relating to the Status of Refugees, the request for refuge in Brazil, the New Migration Law and the Brazilian Judiciary's understanding of the refuge institute. In the second, the Venezuelan crisis is analyzed, from the perspective of Resolution No. 2/18 of the Inter-American Commission on Human Rights, the Guidance Note on the flow of Venezuelans from the United Nations High Commissioner for Refugees and the Declaration of Quito. In the third chapter, criticism is made of the current position of the Brazilian state, in relation to the regulation given to the New Migration Law by Decree 9199/97, interministerial ordinance no. 12 of June 13, 2018 of the Ministry of Justice and Relations Foreign Affairs and by Normative Resolution No 28 of 20 December 2018.
O papel do Conselho de Segurança na guerra civil do Iêmen: uma análise a partir das resoluções da ONU, entre os anos de 2015 a 2018
(Centro Universitário do Estado do Pará, 2019-06-17) Bezerra, Juliana Maia; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
The UN Security Council has been seeking to mediate the Yemen conflict through its resolutions. This paper will analyze the resolutions corresponding to the period between 2015 and 2018, namely resolutions 2204 and 2216 of 2015, resolution 2266 of 2016, resolution 2342 of 2017 and resolution 2402 of 2018. By analyzing these resolutions, the concern of the Security Council with the Yemeni crisis has been verified, considering the political, security, economic and humanitarian challenges, in addition to the quest for conflict resolution through dialogue and consultation, rejecting any type or means of violence. In addition, there was also concern about the effective implementation of the sanctions regime, imposed by resolution 2140 of 2014 and 2216 of 2015, involving the Member States, in order to play a fundamental role, by encouraging efforts to increase cooperation. The conflict in Yemen presents itself as one of the greatest and most serious conflicts of today, reaching high levels of concern and threatening some basic principles of international law. In this work a hypothetical-deductive analysis was performed based on the resolutions, and it is concluded that the United Nations Security Council, despite playing an important role in driving the mechanisms of peaceful solutions and contribute, in a way, to the peaceful resolution of conflicts, requires serious and substantial structural reforms, in particular as regards their restricted representativeness, since its current structure causes direct reflexes in the decision-making process, with consequences on late resolutions, non-resolutions and resolutions of the conflicts around the world.
Refúgio internacional de pessoas transexuais: análise do caso Maria Clara de Sena
(Centro Universitário do Estado do Pará, 2018-12-19) Fraiha, Bruna Sofia Potiguar; Brito Filho, José Claudio Monteiro de; Galende, Yasmin Dolores de Parijós
The persecution and hostility for sexual and/or gender issues is not a new phenomenon. Fearing offenses, tortures and even life itself, thousands of Lesbian, Gay, Bisexual, Transsexual and Intersex (LGBTI) people seek refuge institute as a means of protection. The present study analyzes the usage of international refuge by transexual people for discriminatory reasons. To do so, a conceptual analysis of transexuality is made as well as the distinction of gender, sexuality and identity and also the definition of transsexuality. It is also addressed the reality of vulnerability that transgender people face daily. In addition, it analyzes the institute of international refuge and the relation between international migrations and gender discrimination. Finally, a detailed study of Maria Clara de Sena case is conducted, which is a Brazilian transexual woman who had to seek refuge in another country because of persecution in her home country.