Navegando por Assunto "Direitos humanos"

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A pessoa com deficiência mental no brasil e o cumprimento das diretrizes da Corte Interamericana de Direitos Humanos e do objetivo do desenvolvimento sustentável 3 da ONU
(Centro Universitário do Estado do Pará, 2020) Nascimento, Gustavo Oliveira do; Braga, Luis Paulo Fernandes; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216
The purpose of this article is to demonstrate how Brazil face the mentally handicapped, who need more attention to enter society, exercise their main rights, such as obtaining quality treatments and mental health. In order to do so, the work points out - through bibliographical and jurisprudential research - the breaking of prejudice towards the disabled, rights acquired over the years at the international and national level. Is used the jurisprudence of the Inter-American Court of Human Rights, selecting the case of Damião Ximenes Lopes vs. Brazil, and the SDS 3 to demonstrate the situation of such a group within the Brazilian territory. From the legal analyses, even if there i s order in its respect, as internal legislation and international legislation, it is not sufficiently effective to ensure access to adequate treatment. It is concluded that Brazil does not give due attention to such problem in society, having several omissions to assist the focus group, making it impossible to improve the opportunity for treatment and its stagnation, and should form strategies to give better health conditions and rights to them, along with the fulfillment of the sentence in its entirety, thus making effective the real rights of the mentally disabled.
A proteção internacional do meio ambiente e de defensoras e defensores de direitos humanos: uma análise do Acordo de Escazú no estado do Pará
(Centro Universitário do Estado do Pará, 2024) Feitosa, Murilo Amaral; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Brito, Luís Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544; Araújo, Maria Creuza Borges de; http://lattes.cnpq.br/8314910448343996
This work analyzes the measures in which public policies are encouraged and implemented aimed at protecting the rights to life, integrity and freedom of defenders of environmental rights. The relationship between the actions of these defenders and environmental protection, through the guidelines of the International Escazú Agreement. In this sense, the research begins by demonstrating the current climate emergency crisis scenario in which humanity is inserted, and its impacts on the environment on a global scale. It also deals with the human right to live in a healthy and ecologically balanced environment for all living beings. It addresses the harsh scenario and the challenging perspectives of lives faced by Human Rights defenders, in a Latin American context, considering their local specificities that differentiate them from European countries. It briefly addresses the relevant aspects of the Inter-American Human Rights System, its constituent bodies and the means of action of these bodies. It addresses the issuance of Advisory Opinion No. 23/2017 issued by the Inter-American Court of Human Rights, in light of the request made by Colombia ratifying the right to a healthy environment as a Human Right. It addresses the legal paradigms introduced in the Escazú Agreement in defending the rights of defenders of environmental rights, understood as Human Rights in Brazil. It relates what is established in the Escazú Regional Agreement with the promotion and implementation of public policies aimed at protecting life, physical-psycho-moral-social integrity, freedom, among other rights related to the cause of these defenders (es) of environmental rights understood as Human Rights in Brazil, through the PPDDH at national level. This is, in a more specific cut, for the performance of the state of Pará, through the PPDDH-PA (2008-2012), and the PPDDH, after the edition of Pará Law 8,444/2016, and in this context that investigates which( is) measure(s), in the face of public policies, are being effectively implemented by this member state, aiming to comply with what determines the Escazú Regional Agreement, to reverse the calamitous situation in which these defenders live(es).
A vida da população tradicional da etnia Xikrin frente ao empreendimento S11D e o entendimento da Corte Interamericana de Direitos Humanos
(Centro Universitário do Estado do Pará, 2022) Pereira, Alisdéa Lice de Carvalho Jennings; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; Sá, João Daniel Macedo; http://lattes.cnpq.br/9744534971209709; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435
Brazil, being a multi-ethnic and pluricultural country, from the beginning of its development to its sovereign state, has as a premise, in its federal magna, to defend and value its heritage and its ethnic and regional diversity; and still, having as a guide the zeal in the maintenance and promotion of the guarantees of human rights in the diverse collectivities. Furthermore, as a legal support mechanism, Convention 169 of the ILO contemplates indigenous and tribal peoples, it is in force and deals with the consolidation of the right to prior consultation by indigenous peoples, in order to reduce disparities in power relations present in the neoliberal State. The advent of this convention provided the foundation for the Inter-American Court of Human Rights, which seeks to promote and protect human rights respecting indigenous peoples. Vale, in the State of Pará that, according to reports, audits and expertise, legal claims, has promoted social and environmental impacts to its villages, thus urging the need to promote specific studies; such as the Prior Consultation, Study of Indigenous Component, to investigate due violations of legal mechanisms related to the stages of environmental licensing, as well as the discussion to support the implementation of consultation protocols for these communities, through the creation and implementation of a monitoring committee and joint follow-up between the Xikrin and the managers of the S11D project, for the inspection and elaboration of public policies that respect the human rights of the Xikrin people.
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.
Direitos humanos, cárcere e tortura: uma análise crítica da atuação da força-tarefa de intervenção penitenciária após o massacre no presídio de Altamira em 2019
(Centro Universitário do Estado do Pará, 2023) Miranda Júnior, Carlos Egger Carvalho; Souza, Fábio Natel Louzada de; Lima Filho, Eduardo Neves; http://lattes.cnpq.br/6648186048235225
This study presents a critical analysis of the performance of the PenitentiaryIntervention Task Force (FTIP) following the massacre at the Altamira prison in 2019. The objective is to assess the extent to which the FTIP's intervention in the state's prisons, following the Altamira incident, was effective in ensuring proper management of the penitentiary system in Pará. The article examines the prison system in Pará, provides an overview of the Altamira massacre in 2019, and analyzes a report from a commission that visited the prisons. The deductive method is employed, with a qualitative theoretical and empirical study approach. The research technique involves bibliographical and documentary analysis. In summary, it is concluded that the Brazilian state is inefficient in the management of the penal system, resulting in a lack of inmate reintegration into society. Society needs to demand effective measures for social reintegration and the expansion of decriminalization measures to reduce the prison population. Furthermore, it was observed that the Penitentiary Intervention Task Force in Pará was ineffective and violated constitutional guarantees. The arrival of the task force reinforced harmful stereotypes, and the victims of the Altamira massacre did not receive justice due to the conduct of the government.
Direitos políticos-eleitorais das mulheres: sub-representação, financiamento e fraude nas políticas públicas
(Centro Universitário do Estado do Pará, 2019-05-31) Oliveira, Pedro Henrique Costa de; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Reis, Daniel Gustavo Falcão Pimentel dos; http://lattes.cnpq.br/4589353032538080; Carvalho Neto, Tarcísio Vieira de; http://lattes.cnpq.br/6444976701043030
The political rights of women are undeniably a category of human rights, resting solemnly on the main international treaties ratified by Brazil. In spite of the recognition of these rights, it is worth noting the female under-representation in the Brazilian Legislative Houses, in spite of representing the majority of the population and the electorate. With a view to encouraging female participation in politics and changing this framework, the ordinary legislator instituted so-called "gender quotas" in the lists of candidates for councilor and deputy (state and federal), obliging political parties and coalitions to respect the minimum percentage of the 30 per cent gender application since 1997. Since its implementation, the framework has hardly changed: Brazil continues to be one of the worst countries in the world in terms of women's representation in parliament. In this context, the dissertation aims to analyze the policy of affirmative action of electoral quotas of gender implemented in Brazil. It discusses the (in) effectiveness of the legal framework that regulates this public policy in the country, drawing attention to the cases of fraud perpetrated by the political parties themselves, in order to maintain the status quo of male hegemony in the political elite in Brazil. Considerable progress will be made in case-law promoted by the Federal Supreme Court and the Superior Electoral Court through cutting-edge judicial decisions on the subject, be it in the implementation of public policies to promote women's political participation or in the imposition of very serious penalties on parties that violate the mandatory observance of the gender quota, such as a cassation of an elective term and annulment of the votes obtained. Finally, it is pointed out that the regulation of an equitable distribution of financial resources to women candidates – with the imposition of sanctions on parties that fail to comply with these legal forecasts – coupled with the mandatory presence of women in the direction of party associations, may contribute to greater equality between men and women.
Em que medida a remoção forçada da comunidade terra prometida estava de acordo com o direito à moradia e os tratados internacionais
(Centro Universitário do Estado do Pará, 2024) Gemaque, Andrew Panato; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
The present study aimed to investigate the removal of the "Terra Prometida" community in order to understand the deficiency in the implementation of the right to housing and the provisions of International Human Rights Treaties. To do so, it relied on a historical contextualization of urban formation in Brazil and the Amazon region, specifically the metropolis of Belém, in Pará, to understand socio-spatial segregation in cities and why irregular occupations are marginalized as non-rights holders.
Fechamento das fronteiras nacionais para recebimento de refugiados: regular exercício da soberania nacional ou violação do dever de acolhimento humanitário?
(Centro Universitário do Estado do Pará, 2021-02-24) Santos, Renan Azevedo; Araújo, José Henrique Mouta de; http://lattes.cnpq.br/0717263241559819; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Rocha, Luiz Alberto Gurjão Sampaio de Cavalcante; http://lattes.cnpq.br/7046508747408574
Immigration in the form of refuge is directly linked to the theme of Human Rights. In the refuge, the individual's social, psychological, legal and professional losses are profoundly intense. Through humanitarian reception, the individual seeks in another nation conditions that are minimally worthy of areas, this displacement being the only alternative to escape from the successive human rights violations by the country of origin. For this reason, the theme of refuge and humanitarian reception is directly linked to the issue of Human Rights. The 1988 Federal Constitution, human dignity and national sovereignty as foundations of the Democratic Rule of Law, allowing foreigners to enter and remain in Brazil, but, at the same time, delegating to the Union the power to define the rules for the functioning of national borders. In recent years, the entry of refugees in Brazil has increased exponentially the demand for basic social services that the Government is obliged to provide, both for Brazilians and for refugees within the national territory. The question of this research is as follows: can the Federal Union, in the exercise of national sovereignty, close national borders against the entry of refugees with the justification of social and financial protection of Brazilian investors? This dissertation is part of the research line “Human Rights, Public Policies and Regional Development”, from the Graduate Program of the University Center of the State of Pará (CESUPA). To achieve this goal, the work is divided into three chapters. The first chapter consists of an analysis of the history involving Brazilian migration legislation. The second chapter brings conceptual questions related to the phenomenon of immigration, analyzing, next, the content and extension of the principle of human dignity in the 1988 Constitution, using the teachings of Jünger Habermas on the universal meaning of dignity, whose understanding is fundamental to understand the guarantees securitized by the refugee in Brazil. Finally, in the third and last chapter, the analysis of the legislation on Brazilian borders is made, in order to conclude whether or not it is constitutional to close them as a public policy to reduce socioeconomic problems generated by immigration. The research is exploratory and descriptive. The research used is national and international bibliography, as well as a concrete case study of ACO 3121, where the STF ruled on the theme.
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.
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.
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.
Mulheres na prisão: a relação do aumento do encarceramento feminino com a atual política de drogas brasileira
(Centro Universitário do Estado do Pará, 2020) Santos, Isabel Reis dos; Lima Filho, Eduardo Neves; http://lattes.cnpq.br/6648186048235225
The purpose of this scientific article is to analyze the extent to which Brazilian drug policy currently affects the increase in female incarceration, and to do so, first determine the causes that lead to the involvement of women in drug trafficking, in what way the action of the authorities at the time of arrest and the following conviction of these women, the treatment given to them while in prison, taking into account the particularities inherent to the female gender within the prison reality, as the war on drugs policy is used as a justification for the discretion of the authorities that exercise greater social control in specific and minority groups in society. And, finally, alternative measures to prison are sought, and prevention measures for these women. Thus, in order to carry out this work, bibliographical studies were carried out on scientific research on the phenomenon of female incarceration.
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.