Navegando por Assunto "Meio ambiente"

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Gestão de impactos ambientais oriundos da construção civil e demolição
(Centro Universitário do Estado do Pará, 2018-06-29) Souza, Ana Rosa Tavares de; Martins, Tiago; Fonseca, Luciana
In recent years, population growth in urban areas and stabilization of the economy have highlighted a huge volume of waste from construction and demolition. With this, the impacts are great, because the waste is not always managed, the rubbish being discarded irregularly, in open air, in streams, streets, vacant lots. The legislation comes as an alliance with the environment, ensuring that there is waste management until its final disposal. Therefore, this work has as general objective to study the management of waste from civil construction and demolition in relation to environmental law, through an exploratory methodology, in which it resulted in the conclusion that greater supervision of the Public Power is required on the large generators of waste, so that there is a change in the landscape of construction waste.
ICMS ecológico e desenvolvimento: análise dos estados de Rondônia, Tocantins, Ceará e Pará
(Centro Universitário do Estado do Pará, 2014) Oliveira, Adriano Carvalho; Merlin, Lise Vieira da Costa Tupiassu; http://lattes.cnpq.br/5599627735526045; Scaff, Fernando Facury; http://lattes.cnpq.br/3214760192523948; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356
The Ecological Value-added Tax (VAT), as a budgetary policy, influences the share of the VAT that is redistributed from the States to the municípios, based on standards defined in State Laws.The Pará State, recently, enacted the Ecological VAT through State Law n. 7.638, July 12th, 2012, regulated by the Decree n. 775, June 26th, 2013. This work aims to evaluate the possible contribution of this policy to the development of the State of Pará. In order to do that, we adopted the meaning of development as of a fundamental right, secured by our Federal Constitution of 1988, also based on the conjugated theories of Amartya Sen and Ignacy Sachs, resulting in the highlight of three core dimensions of development, the economic, social and environmental. From the experiences of other States of Brazil, Ceará, Rondônia and Tocantins, steps of analysis of the Ecological VAT laws, and the criteria of VAT redistribution defined by those laws, were created, so that it can be verified, in a presumptive manner, all possible reflexes of this policy in the dimensions of development. According to the analysis carried, the fixation of the more elevated redistribution percentage associated with determined standards tend to be more effective in terms of the positive impacts created on the dimensions of development achieved by them, in lieu of the pulverization of standards (and corresponding redistribution percentage). Thus, the policy of the Ecological VAT in the State of Pará stands apt to promote development, particularly the environmental dimension, on account of the elevated redistribution percentage of VAT directed to it.
Litigância climática e desmatamento na Amazônia
(Centro Universitário do Estado do Pará, 2023-03-16) Carvalho, Emerson Benjamim Pereira de; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Benatti, José Heder; http://lattes.cnpq.br/6884704999022918; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356
This master's thesis proposes a study regarding the reasoning behind the decisions of the Federal Supreme Court and the Superior Court of Justice, issued in civil proceedings, related to litigation about deforestation in the Amazon, in order to find out what are the parameters and criteria adopted by them Courts to identify and judge these conflicts, examining whether they have an argument from the point of view of anthropogenic climate change. The issue is relevant, as the STF and STJ are the country's courts in charge, respectively, of interpreting the Federal Constitution at the highest level of jurisdiction and standardizing the exegesis of federal legislation; the themes of degradation of the Amazon Forest, the greenhouse effect, global warming and anthropogenic changes in the climate are of concern to the entire world, in view of the risks to climate integrity and species survival; and because deforestation in the Amazon is the factor that most contributes to the emission of greenhouse gases in Brazil and consequent national global warming. The objective of the investigation is to know if the STF and the STJ perceive these conflicts as a climate dispute and what are the legal arguments that make up the reasoning of the decisions. The methodology used made use of the deductive method, a qualitative approach for the discussion of the subject, based on a bibliographical review with the obtaining of doctrine in scientific articles, books, analysis of data and documents, legislation, jurisprudence and research on the websites of the STF and STJ. The research revealed that most of the decisions of the STF and STJ do not bring a climate justification, as they do not address whether or not the judged conflict is a climate dispute and, when they are faced with a case of climate change, they do not mention whether it is of the direct or indirect type and do not discuss the legal climate regime. Therefore, it is important that the STF and the STJ judge these disputes, using a climate basis, given the obligations to justify judicial decisions, to act in enviromental education and to act in public awareness for the preservation of the environment, to play a prominent role in climate governance, to provide effective and efficient judicial protection, to act in a qualified manner in the climate emergency and protection of the Amazon Forest, enabling the continuity of all forms of life on planet Earth.
O Pará no contexto do desmatamento: identificação das políticas de pagamentos por serviços ambientais em curso no estado
(Centro Universitário do Estado do Pará, 2018-06-17) Honda, Breno Kazuki da Silva; Oliveira, Adriano Carvalho; Pamplona, Karla Marques
It is well know that the Amazon is the birthplace of many natural resorces and ecosystems services, however, it is also know that Pará is responsable for a very high rates of deforestation of de Legal Amazon, based on that, the following work is focused on analising the public politics of paymento for environmental services on Pará’s region, delimiting its concept, origins, characteristics and types, by usising data given from the enviromental public agencies and doctrines, in order to determine the contribution of these economic incentives on the fighting against de deflorestation, contextualizing the reality os the state to it’s aplication, observing how these incentives help with a sustainable development on Pará, only to discover that we are only begining the costruction of instruments that produce some kind of impacto on the current scenario, then, it’s necessary the improvements of many aspects, from the legal aspecto on the absence of norms, as well as some providers of ecosystems services that are not apreciated yet.
A prática da obsolescência programada: reflexões e consequências na sociedade do hiperconsumo
(Centro Universitário do Estado do Pará, 2019-06-13) Monteiro, Camila Lima; Oliveira, Felipe Guimarães de; Soares, Dennis Verbicaro
This paper presents as a central theme the study of programmed obsolescence in the consumer society, having as general objective the analysis of the obsoletism as practice that induces the early disposal of consumer goods and, consequently, causes damage to the environment. To this end, we used bibliographic research based on the investigation of scientific articles, theses, books, doctrines and jurisprudence, addressing issues related to consumption and the environment. In the present monograph, the evolution of the consumer society to the level of a hyperconsumerist society was analyzed, which legitimizes the rapid circulation and innovation of goods, highlighting the programmed obsolescence as a tool used to induce new goods to be acquired and discarded in the short term, through the deliberate reduction of the service life cycle of these products. In this context, it was evidenced the lack of specific prediction of the programmed obsolescence in the Consumer Protection Code, however, it was found that this should be considered an abusive practice, which violates the principles established by consumer legislation, as well as, its negative impact on the environment was demonstrated due to the inconsequential disposal of goods, causing the increase in waste generation. Finally, the present work discusses the importance of a performance in the sense of educating the consumer for conscious consumption, so that their decisions are attentive to the impacts that can lead to the environment.
A regulamentação do ICMS ecológico no estado do Pará: uma análise comparativa do decreto nº 775/2013 e decreto nº 1.696/2017
(Centro Universitário do Estado do Pará, 2019-06-24) Sefer, Gustavo Bemerguy; Mendes Neto, João Paulo; http://lattes.cnpq.br/6388281659257480; Pamplona, Karla Marques; http://lattes.cnpq.br/5228348047968891
This work aims to verify the main changes that occurred with the publication of Decree No. 1,696 of February 17, 2017, which started to give new regulation to Law. 7,638 of July 12, 2012, which deals with the Ecological ICMS in the State of Pará Being an extra-fiscal tribute, its purpose is to assist in the preservation and conservation of the environment for the attainment of that end. Therefore, it seeks support in the Federal Constitution, in the State Constitutions and in tax and environmental legislation. The transfer of the Ecological ICMS to the municipalities is a way of rewarding them financially for conserving in their territories Conservation Units and Protected Areas and also serves to stimulate the participation of the other municipalities in the search for the reduction of the deforestation, environmental degradation and to create new Units of Conservation. With this, the work seeks to demonstrate that a law or decree can be altered or revoked to suit the current needs of society. It is worth mentioning that, with the implementation of this tax and the use of new methodologies for the calculation of the transfer to the municipalities, it is possible to envisage more justice in the distribution of the share of the Ecological ICMS in the State of Pará.
Responsabilidade civil frente ao risco ambiental e o dano extrapatrimonial coletivo
(Centro Universitário do Estado do Pará, 2018-12-13) Magalhães, Isa Campos; Fonseca, Luciana da Costa
This monograph deals with off-balance sheet Responsibility in the face of risk. The main purpose is to propose a reformulation in the current model of civil liability, which is linked to the past. The objective is also to study the applicability of collective moral damages in the face of risk, based on the principles inherent to environmental law, in particular, the right to the ecologically balanced environment, full reparation and irreversibility of environmental damages. It was a monograph from a jurisprudential and doctrinal research. In this perspective, the understanding adopted by the state courts and the superior court in relation to the scope of the applicability of collective environmental moral damage in face of the. In order to face this problem, we illustrate the importance of a new structure in the model of environmental civil liability, in order to internalize the new paradigm developed with the new risks that proliferate in a disorderly way, for which there is not yet the creation of significantly effective mechanisms for the protection of environmental protection. In view of this, we have made an in-depth analysis of the recent judgments regarding reparations in the face of risk, as well as moral damages, in such a way that we see the preponderance of understandings based on the status quo. It proposes, then, that the uncertainty prevails in the contemporary necessity, so that it is necessary to introduce forms of risk management, by consolidating the understanding that preventive and precautionary instruments should not be treated in a secondary way , but on the contrary, they should be used as parameters for the adoption of measures that mitigate risks, as well as proposals that provide an effective communication channel between civil society for the performance of decision-making programs. Finally, it has been demonstrated that modernity must apply civil responsibility as a model for the future, in order to achieve the effective preservation of environmental law.
A responsabilidade penal da pessoa jurídica e a teoria da dupla imputação nos crimes ambientais: uma análise com base na doutrina e na jurisprudência
(Centro Universitário do Estado do Pará, 2019-06-19) Rayol, Carlos Henrique Cunha; Fonseca, Luciana Costa da; Lima Filho, Eduardo Neves
The purpose of this study is to present the main aspects about the criminal capacity of legal persons and to bring one of the most relevant discussions that arise due to this capacity, which is the Dual Imputation Theory in crimes against the environment. For this purpose, legislation, doctrine and jurisprudence were used as sources of research. It is worth noting that this analysis does not have as its purpose the exhaustion of the topic, considering that, although criminal liability of the legal entity is already accepted in the Brazilian legal system, the Dual Imputation Theory still generates great debates, which are reflected in the various changes in understandings that are seen in higher court decisions. So, this work is composed of three chapters, the first one was dedicated to expose the main explanatory theories of the legal person, explaining the theory adopted by our order and particularities of the concept of guilt related to criminal responsibility of the collective entity; in the second chapter, the historical evolution of the criminal protection of the environment was presented, analyzing how the protection in the legislation was developed from the first constitutions until the Federal Constitution of 1988 and the promulgation of Law nº 9.605 / 98, the Law of Environmental Crimes; Finally, in the third chapter, the debate on the Theory of Dual Imputation is discussed, a debate fundamentally jurisprudential, although part of the doctrine has also dealt with this topic, but in a discreet way. Thus, one wonders: what has changed in the conception of the superior courts about the Dual Imputation Theory? This is what will be analyzed in the third and final chapter.