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A (in)eficácia das medidas protetivas e a violência doméstica e familiar: impactos do isolamento forçado diante da pandemia de COVID-19
(Centro Universitário do Estado do Pará, 2021) Sousa, Arielle da Silva de; Vieira, Letícia de Paula Sousa; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124
This article aims to analyze Law no. 11.340, of August 7, 2006, known as Lei Maria da Penha, created as a legal instrument to protect the physical, moral, psychological, social and patrimonial integrity of women in the face of gender violence. We propose this work as a way to analyze the effectiveness of urgent protective measures arising from the Maria da Penha Law after 14 years of validity. In the meantime, we seek to show the difficulties of identifying cases of domestic and family violence and applying the protective measures contained in the law to protect women, as evidenced in the COVID-19 pandemic period. The hypotheses of the appropriateness and applicability of urgent protective measures will be addressed in this article, showing a comparison of data on the increase in cases, showing the State of Pará in 2020, in the period from March to May, compared to the previous year by the same period in order to demonstrate whether the Maria da Penha Law and its mechanisms are fulfilling their objective.
A constitucionalidade da instituição da CBS frente à imunidade do art. 150, VI, “d” da CF/1988
(Centro Universitário do Estado do Pará, 2020) Pereira, Gabriel Leandro Marques; Figueiredo, Marcelo Elias Sefer de; Silveira, Alexandre Coutinho da; http://lattes.cnpq.br/7902423151331560
The present scientific article aims to make an analysis of the normative nature, the characteristics and principiological foundations of tax immunity foreseen in the art. 150, VI, “d” of the Brazilian Federal Constitution, as well as analyze the compatibility of the Bill n° 3.887/2020 with the same constitution, more specifically in what refers to the implementation of Social Contribution on Goods and Services that is based on the gross revenue earned by the legal person. In order to do so, some arguments and reflections are presented, ones with tax legal, hermeneutical and philosofical nature, aiming to define the protective amplitude of the earlier mentioned immunizing rule, and, after that, to prove that its fundamentals do not support its very own existence. The research was based on essentially bibliographic sources, using the constitutional and tax doctrine in addition to articles and legal predictions about the subject.
A Cota de Reserva Ambiental (CRA) como atividade econômica da propriedade rural: a implementação da CRA no Pará
(Centro Universitário do Estado do Pará, 2020) Dias, Solange Valadares; Brito, Luis Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137
This paper aims to identify, through bibliographic study, how the State of Pará has implemented the Environmental Reserve Quota (ERQ). The ERQ was created by the article 44 of the Brazilian Forest Code. It is a registered title that represents an area of native vegetation cover in a property in excess of the Legal Reserve. Its applicability is defined by article 66, §5º, I, which states that the owner with a surplus of native green area on the property can request the ERQ to be used in the settlement of third parties’ deficit of Legal Reserve, in the form of bearer title, only for environmental compensation. The negotiation occurs between parties, respecting the legal usage requirements. The ERQ is one of the instruments brought by the Forest Code with the function of helping in the preservation process, whilst guaranteeing economic activity. The research indicates that the use of the ERQ has not been directly stimulated in the state of Pará. Therefore, the state's rural owners have not taken advantage of its primary characteristic, brought by the Forest Code, to promote economic activity associated with environmental preservation.
A forma de indicação e nomeação de ministros para o Supremo Tribunal Federal: estudo comparado em busca de um modelo ideal
(Centro Universitário do Estado do Pará, 2021) Souza Júnior, Cristhian Karlo Quintela de; Costa, Lucas Garcia Campos; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478
The objective of this academic research is to analyze the current model of appointment and nominations of Ministers of the Brazilian Supreme Federal Court, given that, over the years, right and left parties end up nominating people to safeguard their own interests or beliefs, which it can end up colliding with legal certainty, with impartiality and, especially, with the satisfaction of the public interest and with republican ideals. Presidential nominations have proven to be merely subjective and not very technical. Through a comparative study that uses as reference other models of Supreme Courts and Constitutional Courts and a doctrinal and historical analysis of the current model, it is concluded that there is a need to change to an ideal model by PEC - Proposed Amendment to the Constitution -, which safeguards a coherent and technical composition of the STF and the participation of other powers in the choices of Ministers.
A inconstitucionalidade do Art. 791-A, §4 da CLT e os seus reflexos pós-reforma trabalhista
(Centro Universitário do Estado do Pará, 2020) Vieira, Giovanna Brasil; Moura, Raynara Lauana de Oliveira; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
The advent of labor reform has brought about a lot of change in labor legislation, including a debate on the constitutionality of 791-A, §4, which it has useful. The aforementioned article deals with the payment of the succumbent fees by the succumbing party, even though this beneficiary of the justice is free, the payment being suspended until it is proven that the conditions of the beneficiary have been changed or that he has resources in a different process. This restriction ended up causing fear the workers who own it have suffered from suffering economic suppression when seeking their rights, thus clashing with the principle of access to justice and full and free assistance.
A inconstitucionalidade do parcelamento especial de tributos para empresas em recuperação judicial
(Centro Universitário do Estado do Pará, 2020) Cruz, Carlos Leandro Brunoro da; Silva, Felipe Rodrigo Castro da; Silveira, Alexandre Coutinho da; http://lattes.cnpq.br/7902423151331560
The present paper has as objective to analyze the judicial recovery institute, as well as the debut of the law 13.043/2014, its characteristics and unconstitutionalities. To that end, bibliographic research was done, through scientific articles regarding the proposed theme, in addition it was used book and consolidated doctrines about the subject. In the same manner, it was used several judicial decisions from national courts, seeking support on consolidated and united jurisprudence throughout the judicial system. We also searched for assurance within the laws and principles which guide the recovery law. In a first moment, we present the concept of judicial recovery, the principles that guide them, as well as the difficulties found by the companies, in a special way regarding the difficulties that tax’s liabilities brings to the uplift of companies in situation of crisis. Furthermore, it will be presented the matter of the requirement of Tax Debt Clearance Certificate, the obstacles which is requirement brings, as well as the judicial standing regarding the theme. To continue, it will be exposed the matters related to the law 13.043/2014, its purpose, characteristics, deficiencies, and in a special way, the unconstitutionalities within its articles. Lastly, we have as goal to demonstrate that the unconstitutionalities within the installment payment of taxes, which bring huge jeopardies to companies in crisis’s situations and to the development of national economy.
A integração do programa de compliance à CIPA e à Lei nº 14.457/2022 como ferramenta para mitigar os casos de assédio no ambiente de trabalho
(Centro Universitário do Estado do Pará, 2023) Duarte, Jaqueline Farias de Melo; Silva, Walquiria Pinheiro da; Ramalho, Amanda Maia; http://lattes.cnpq.br/5447190229339912
The study looks at the innovative integration of compliance with CIPA and Law 14.457/22 to prevent accidents and combat harassment in the workplace. It highlights the need for a systemic approach, challenging the fragmented view and finally proposing unified strategies. The central question guides the research into how compliance can be integrated to promote a 2 safe environment. The methodology is exploratory, also involving a literature review. Laws suggest effective integration to reduce harassment and accidents, while compliance is seen as promoting ethics. The study seeks to shed light on the intersection between compliance, CIPA and Law 14.457/22, highlighting their positive impact on work environments.
A mulher quando vítima no crime de estupro e sua palavra como prova no processo penal
(Centro Universitário do Estado do Pará, 2021) Costa, Amanda da Silva; Santos, Maria Clara Moreira Matos Costa; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124
This article aims to clarify sexual violence in rape crimes against women in circumstances in which the victim's testimony is the main means of evidence for solving the crime. In this sense, we will seek ways to clarify why the lack of relevance to her testimony and the reasons for the suspicions about a certain female stereotype are so intertwined with the legal and social sphere experienced by the victim at the moment of the testimony. Based on the literature review, the consequences generated by a sexist and patriarchal society will be demonstrated, thus constituting institutional violence, present in the Judiciary.
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
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 possibilidade de empresas em recuperação judicial participarem de licitação
(Centro Universitário do Estado do Pará, 2020) Silveira, Gabriel Vieira; Lima, José Vítor de Silva; Miranda, Ana Amelia Barros
The 11.101/2005 law regulates the judicial recovery and bankruptcy subjects. When the law was promulgated, it brought several alterations concerning both subjects, highlighting the replacement of the concordata for the judicial recovery. Beside that the law defined the principles of social purpose and preservation of company as basics in addressing the judicial recovery, in which those need to be utilized and respected in the situations concerning judicial recovering companies. This article proposes to analyze the possibility of companies going through judicial recoveries to participate in public biddings. The mentioned issue appears when its viewed that the article 31, I of the 8.666/93 law foresees as requirement the submission of a negative certificate of concordata to attest the economic-financial qualification of the company, which contradicts de Bankruptcy Law that extinguished the concordata. Therefore, the law 11.101/2005 in its article 52, II foresees the presentation of the negative certificate for the recovering company to contract with the public administration. Given this, this article will present the administrative and corporative principles that regulate the possibility of a recovering company to participate in public biddings so the objective brought by the 11.101/2005 law is addressed accordingly
A proteção de dados pessoais das crianças e adolescentes: uma abordagem a partir da nova Lei Geral de Proteção de Dados e do capitalismo de vigilância
(Centro Universitário do Estado do Pará, 2021) Colares, Eduardo Jorge Amorim de Barros; Mourão, Juan Victor dos Santos; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138
The present work has as main objective to make a study about the processing of personal data of children and adolescents, through an analysis of the new data protection law and surveillance capitalism. Importantly, the group of children and adolescents are more susceptible to rampant consumption, since they are endowed with an aggravated vulnerability, innocence and a certain degree of immaturity, requiring greater protection for the collection and processing of personal data of this group in function of their hypervulnerable condition. In this context, the study also aims to analyze the obligation of the State and the family to promote ways to protect and protect the rights that may be protected. To carry out this research, the qualitative methodology is used, with a bibliographical approach, from the reading of magazines, articles and monographs that deal with the chosen topic.
A responsabilidade civil do registrador de imóveis brasileiro face à lei geral de proteção de dados
(Centro Universitário do Estado do Pará, 2020) Albuquerque, Gabriel Junior Souza; Ribeiro, Ítalo de Oliveira; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040
It is known that technological evolution has been revolutionizing the world we know and, consequently, with the entire Brazilian real estate registration system, which deals with the registration of properties of Brazilian urban and rural properties, which requires adaptation to new technologies and requires new financial investments and legislative innovations that will provide a legal basis in the face of this new reality. In this modern world and local scenario, with strong effects caused by the pandemic of COVID-19, the use of new technologies and legislation such as the GENERAL DATA PROTECTION LAW (LGPD), which aims to protect data, has intensified even more. of users. The stiffening of legal norms in the digital plane is perceived, since the need to protect data related to others is of paramount importance, which is why there is a need to study the present issue involving the civil liability of the Brazilian registrar in view of the dictates brought by the GENERAL DATA PROTECTION LAW. As a conclusion of the research obtained as a result the fact that the Supreme Federal Court understands the State's strict civil liability regarding the acts practiced by delegates, while the LGPD understands the objective responsibility of who should store and process the data, and by for any reason, it has not guaranteed the security of the data, however, deserving criticism and modulations regarding the responsibilities of the delegation and third parties that provide the service of offering digital repositories managed by third parties, often with headquarters abroad. There is no doubt that technology has brought with it the speed so dreamed by many, but the winding curves are many. A research carried out is primarily bibliographic, based on the available record, resulting from previous research, in printed documents such as magazines, books and articles, and is developed based on doctrine on the subject. To accomplish this, some sources of information were used, highlighting articles, book, as well as information from technical and journalistic bodies.
A responsabilidade civil e os mecanismos legais de proteção dos recursos hídricos nacionais
(Centro Universitário do Estado do Pará, 2022) Silva, Carlos Eduardo Franco da; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
About 70% of our planet's surface is made up of water. However, water is a finite natural resource. The increase in industrial activity and the consequent population growth have caused the increase in consumption and water waste to reach very high levels. Thus, starting from an exploratory qualitative bibliographical research, the present study aims to present civil liability and the legal framework that protects water resources in Brazil. By giving a satisfactory conclusion to the problem that guided the efforts made in the research, the work proves to be relevant both for the academic and professional field and for society, since understanding the legislation that covers this theme is essential, after all, a new approach to water as a A strategic natural resource, no longer seen as an infinitely abundant commodity, has gained a significant profile. However, the conclusions obtained were that, unfortunately, the fight for the regulated use of the most valuable natural resource, unfortunately, is not seen with the necessary intensity. In addition to legal protection, society needs to have the proper awareness to make good use of.
A teoria do desvio produtivo do consumidor como instituto compensatório da relação de consumo
(Centro Universitário do Estado do Pará, 2020) Ferreira, Leonardo Batista; Sousa, Rodolfo Cardoso; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138
The present work intends to demonstrate how the judiciary has been meeting the consumerist demands regarding the abuses that cause the consumer's productive deviation. Thus, it will be demonstrated the interim of decisions, which adopt or not, based on a recent perspective brought to Brazil, the theory listed by Marcos Dessaune of the Deviation of the Consumer's Productive Resources, in like manner, it will be discussed the evolution of national judgments on the subject. In this context, it seeks to solve the problem of how the judiciary has attributed to judicial demands the framework of the theme to corroborate the thesis of compensation for the loss of the consumer's time? Therefore, in order to develop the solution of the research intended here, the qualitative method was adopted, as to the objectives, the exploratory method was chosen, all from an analysis based on the procedure of the bibliographic survey. Therefore, it is essential to make the proper examination of the problem in question so that it stimulates the propagation of a more protectionist ideal, on the part of jurists and defenders of the law, regarding the existential time of the hypossufficient individual consumer inserted in contemporary society.
A teoria do esquecimento a partir da vigência da Lei nº 13.709/2018 (LGPD)
(Centro Universitário do Estado do Pará, 2020) Pires, Theo Carlos Flexa Ribeiro; Mendes Filho, Sérgio Fiuza de Mello; http://lattes.cnpq.br/8831943449726262
This article deals with topics concerning personality rights, specifically the ability of a person to decide whether a voluntary collective data forgetting related to his life would take place, in a reality of storage technology and information access massification through the Internet, working as a fine line between the confrontation of the right to protect our own privacy versus the freedom of speech, the freedom of the press and the free access to information. Initially, it will deal with the historical approach to the right to forget, its characteristics and origins. Then will focus on the consequences of technological advances in law studies and in life control in our society. Based on these criteria, the General Law for the Protection of Personal Data will be introduced, with a synthesis of its characteristics, concepts adopted and epistemological principles, mainly in the most relevant sections to the subject and if it can be considered as an advance for the consolidation of the right to be forgotten in our country. Finally, examples of jurisprudence from the Superior Courts on the subject are presented, giving an insight into their most recent understandings.
A tutela do direito à desconexão e o teletrabalho: circunstâncias e reflexos à saúde do trabalhador
(Centro Universitário do Estado do Pará, 2023) Picanço, Ariane Trajano Silva Viégas; Pereira, José Marcos Gonçalves; Pereira, Emília de Fátima da Silva Farinha; http://lattes.cnpq.br/1293396275281875
The ebullition of new technologies has allowed innovation in the workplace, including efficiencies unthinkable for previous generations. The era of smartphones, tablets and notebooks has ensured the execution of tasks without the need for the wear and tear of physical displacement and facing barriers along the way from home to the company headquarters. However, being always online to meet goals has been enhanced to a worrying level all over the world, especially in Brazil. The right to disconnection still does not have a specific legislation in our legal system, making it difficult to preserve the worker's health. It is not only by having a chair and access to the Internet that the employee will deliver productivity, even less will keep his health in good condition if he persists in this pace. Therefore, this paper aims to analyze the protection of the right to disconnection from the reflexes to the worker's health inserted in the regime of telework, starting from the problem of hyperconnectivity, describing the existing policies in France and, finally, exploring both the physical and psychological effects caused to workers. Because the phenomenon is still under development, the research has an exploratory character; qualitative, since it starts from an interpretation of the link between the right to disconnection and the consequences to health, besides being a bibliographical research in academic articles and national and international legislations. The research results in theunderstanding that Brazil still lacks progress in relation to the theme, in order to mitigate the consequences to the health of the teleworker.
A utilização de valores pessoais nas decisões judiciais e a insegurança jurídica no Brasil
(Centro Universitário do Estado do Pará, 2022) Duarte, Giovanni Paes; Mendes Filho, Sérgio Fiuza de Mello; http://lattes.cnpq.br/8831943449726262
The research aims to analyze legal decisions in Brazil, debating their foundations using mainly Ronald Dworkin's view on the subject and concrete cases, demonstrating that the lawyer is often at the mercy of the judge's personal values and, even in the view of a philosopher who has a non-restrictive interpretation of the law would be far from sharing the view of the Brazilian judiciary. The sources of the methodology used were research on doctrine, scientific articles, legislation and Brazilian jurisprudence. The conclusion of the study is the demonstration of the need to change the thinking of the Brazilian judiciary, making them not want to change the existing law and, yes, apply the existing law to the concrete case.
A viabilidade jurídica da pulverização aérea de agrotóxicos no Pará
(Centro Universitário do Estado do Pará, 2020-12-09) Lopes Filho, Marcos Vinícius Diniz; Lopes, Marina de Barros; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Brito, Luis Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544
Aerial spraying of agrochemicals is an extremely important issue in the environment, especially in the State of Pará, a region of intense agricultural activity, with a strong use of this technique. The problem of the article is to investigate how regulation and inspection of the application of agrochemicals by spraying occurs in the State of Pará. The general objective of the research is to contribute to the affirmation of the right to food security and protection of production, health and food environment. Its specific objectives are: a) to analyze the costs and benefits of Aerial Spraying of Agrochemicals in Agriculture, b) to analyze the legal regulation of the use of agrochemicals in Brazil and c) to analyze how the regulation and inspection of the application of agrochemicals by spraying occurs in the State of Pará. For this, the deductive method, qualitative approach and bibliographic research technique will be used as methodology. The research concluded that the regulation on the subject is clear, however, the State of Pará must promote effective and essential information on the use, sale and disposal of products, also increasing the inspection structure of the agencies, including through inspections of rural properties where agricultural activities are carried out, hiring and training of competent technicians able to better educate the producer and effectively inspect establishments that commercialize agrochemicals.
A violência contra a mulher e a legítima defesa antecipada: uma união juridicamente possível?
(Centro Universitário do Estado do Pará, 2020) Vergolino, Jamylle Regina de Melo; Doliveira, Vitória Moreira; Alves, Verena Holanda de Mendonça; http://lattes.cnpq.br/6473788796313910
The present work aims to make an analysis of the so-called “anticipated” Self-Defense, in situations of violence against women, in cases in which she cannot have a reaction at the exact moment of the aggression, coming to realize the legitimate defense in a moment of carelessness of the aggressor, cases in which these women have been suffering these aggressions for years. This thesis is widely discussed in the current world, since the doctrine classifies that crime is every typical, anti-legal and culpable action. However, there are some cases presumed in the Legal Order, which bring a possibility of excluding illegality, in cases where there are plausible justifications for the occurrence of the illegal act. The work will make an analysis of exceptional but existing situations that deserve to be analyzed in a more specific way, and the application of the thesis of the anticipated self-defense proposed by the penalist Claus Roxin and by the Federal Judge William Douglas and if this thesis can be applied to cases of women victims of domestic violence who decide to act against their aggressor in a moment of carelessness, because what differs it from the classic legitimate defense, there is no current and imminent aggression, there is only a future and certain aggression. The methodology used for the preparation of this work will be the deductive method with a qualitative approach, using bibliographic readings as a technique, as well as articles and documentaries that allow a better understanding of the chosen theme.

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