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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 abordagem policial e a fundada suspeita no crime de tráfico de drogas: uma análise do comportamento dos agentes da Polícia Militar do Estado do Pará
(Centro Universitário do Estado do Pará, 2022) NOBRE, Flávio Gabriel Dias; Teixeira, Yuri Ygor Serra; ttp://lattes.cnpq.br/3463010845223386
This article seeks to reveal how the Military Police acts on attitudes that are considered “suspicious”, regarding drug trafficking crimes. This study demonstrates how the concept of well-founded suspicion set a precedent for a problematic action by the military police, given the institution is covered upon discretion, which guarantees, in face of the exercise of its function, a very questionable power of choice when analyzed by a more critical bias. In practice, the true effect of using an undefined legal term such as "suspicious attitude" and how it interferes in the criminalization process of certain subjects who are considered by the State as “undesirable individuals”, or who has the identity of a being deviant. The study was built through a qualitative method, anchoring itself in a vast theoretical, doctrinal and legislative apparatus.
A aplicação da interpretação construtiva localizada no direito brasileiro sobre o tema Manifestações culturais vs Meio ambiente: tenuidades e plausividade
(Centro Universitário do Estado do Pará, 2023) Vieira, André Luiz Neves; Mendes Filho, Sérgio Fiuza de Mello; http://lattes.cnpq.br/8831943449726262
The present research deals with the localized application of Dworkin's constructive interpretation in the Brazilian context on the theme: Cultural manifestations against an ecologically balanced environment, since the relevance of the theme is given by the multiculturalism of peoples in the country, as well as its relevance to the international scenario on the subject of environmental protection. For that, documentary and bibliographical research was used, as well as the theses in which Dworkin was opposed were explained so that he could then develop his thesis and apply it to the mentioned theme. Once applied, there were some nuances that undermine the applicability of the interpretation in the Brazilian context, especially as a result of the multiculturalism of the country's peoples with antagonistic social values, which would fall on the interpreter, even if he was the judge Hercules, being influenced to make different decisions depending on the moral conviction that was created. As well as, finally, the problem arising from the slowness of justice was briefly pointed out if the constructive interpretation were to have its institutionalized application.
A aplicação dos instrumentos de compensação socioambiental no contexto da mineração na Amazônia
(Centro Universitário do Estado do Pará, 2022) Penna , Gabriel Neno Silva; Brito, Luis Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544
This article develops a research about the current socio-environmental compensation instruments in Brazilian legislation, observing the way they can be applied in the context of mining in the Amazon. In this sense, a study is carried out on the history, main characteristics, the exploration process, the supply chain, the socioeconomic relevance and the main social and environmental implications of this activity in the Amazon, combined with a study of the socio environmental compensation instruments. Thus, the research carries out, based on these studies, an investigation into the adequacy and importance of this institute for a more responsible conduction of mining in the Amazon, in addition to the practical legal representation that it assumes, in general, in the context of Environmental Law. For this, a qualitative analysis of paradigmatic bibliographical references of the discussion is carried out.
A atuação contemporânea do STF: a fragilização do princípio da separação dos três poderes
(Centro Universitário do Estado do Pará, 2023) Silva, José Adriano Paiva; Lima, Lucas Do Couto Gurjão Macedo; http://lattes.cnpq.br/5423158402903671
El objetivo de este trabajo fue analizar cómo el principio de separación de poderes ha evolucionado a lo largo del tiempo como concepto y cómo el papel del STF en sus decisiones en los últimos años ha aumentado su evidente injerencia en las atribuciones de los demás poderes de la República. Se trató de una monografía derivada de investigaciones bibliográficas en libros, artículos científicos impresos y en línea, reportajes periodísticos, legislación y jurisprudencia. En esta investigación se analizaron inicialmente los fundamentos teóricos que sustentan el concepto de poder, recorriendo su trayectoria evolutiva hasta llegar a la cúspide del poder político. Comenzamos entonces a demostrar quiénes fueron los principales teóricos que desarrollaron este concepto dentro de la filosofía política. Luego discutimos el papel del poder judicial en la época contemporánea, la judicialización de la política y el activismo judicial. Finalmente, buscamos exponer a través de dos casos concretos y emblemáticos cómo el STF viene decidiendo en temas de interés social, en el primer caso mostramos un ejemplo de cómo actuó cumpliendo su papel de guardián de los principios constitucionales, aún cuando la ley en vigor su sentido literal regula valores contrarios a los principios constitucionales. Y en el segundo caso, mostramos un ejemplo de cuando el STF violó claramente estos principios y fue más allá de sus competencias constitucionales al atribuirse prerrogativas que crea en su reglamento interno, pero que no están previstas en la Constitución Federal.
A competência estadual do ITCMD e o Supremo Tribunal Federal: impacto do RE 851108/SP na tributação subnacional
(Centro Universitário do Estado do Pará, 2023) Corrêa, Antonio Rezende dos Santos; Santos, Matheus Hollanda dos; Ferreira, Luciano Cavalcante de Souza; http://lattes.cnpq.br/5475231517227221
The present work aims to verify the impact caused by the decision of the Federal Supreme Court in Extraordinary Appeal no. 851.108/SP, which determined the inability of the States to institute the collection of ITCMD in the cases set out in art. 155, §1º, III. Furthermore, an analysis of the incidence of ITCMD is carried out, as set out in the Federal Constitution of 1988 and Law 5,529/89 of the State of Pará, unraveling its characteristics and incidence hypotheses. Therefore, regarding RE 851.108/SP, this work details the votes of the STF Ministers in order to demonstrate their understanding on the topic. In view of this, a parallel is drawn between the decisions of RE no. 851.108/SP (ITCMD) and RE 191.703 (IPVA), with the purpose of distinguishing the treatment given by Ministers regarding the analysis of taxes. Finally, this academic work presents a critique of the impact and negative consequences caused by the STF's decision on the national tax system, highlighting social inequality and violating the principles that govern tax law.
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 criminologia de Lilith: teoria de gênero e a questão da capacidade da mulher para delinquir
(Centro Universitário do Estado do Pará, 2023) Pípolos, Lila Fernandes Bastos; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124
The purpose of this article is to analyze female criminality from the perspective of gender theory, pursuing to demonstrate the differences and specificities of female behavior within criminality. For this, the work will use a historical approach on the construction of gender ideology and its cultural incorporation in the criminological sciences, in order to understand the importance of deconstructing gender paradigms in the transformation of the construction and application of law. Then, the connection of the theme with the Jewish Christian culture will be elaborated, emphasizing the important role of religion in the formation of customs. Then the text exposes the theory of the psychoanalyst Jacques Lacan associated with the conception of gender of the philosopher Simone Beauvoir, demonstrating the main reasons for the suppression and disinterest in the study of women as a lawbreaker. It is concluded that the study of women as the central character of crime, analyzing the particularities of the modus operandi and the mechanism of gender-specific power relations are essential for a critical understanding of female crime.
A culpabilidade do psicopata homicida e a aplicabilidade da sanção penal
(Centro Universitário do Estado do Pará, 2022) Nogueira, João Pedro Gomes; Pamplona, Karla Marques; http://lattes.cnpq.br/5228348047968891
This work consists of examining forms of applicability and classification of the psychopath in the criminal legal scope, that is, in our Brazilian Criminal Law, the psychopath is classified as being semi-imputable, claiming that the carrier has a mental disorder or incomplete or delayed mental development that makes the individual partially incapable of understanding the illicit nature of the act or of determining himself in accordance with such understanding, as provided for in the sole paragraph of article 26 of the Penal Code. Concepts of psychopathy were explored in the general scope, thus outlining its characteristics and behaviors in order to have a broader view of who the homicidal psychopath would be (antisocial personality disorder), and very succinct concepts regarding the serial killer, since only the Borderline Serial Killer type is what interests us in this work, in order to visualize all the cruelty exposed and the coldness with which this subject deals, we identified through real cases of serial killers most famous in Brazil.
A desigualdade de tratamento das mulheres negras no mercado de trabalho brasileiro nos dias atuais
(Centro Universitário do Estado do Pará, 2022) Bechara, Luciana do Amaral; Barneche, Luiza Dolabela; Ferreira , Vanessa Rocha; http://lattes.cnpq.br/8565252837284537
This paper aims to investigate the factors that led to the existence of inequalities of balck woman in the labor market. Based on a theorical-normative study and, through the deductive method, analysed the challenges faced by black women in the labor market, as well as the impact of race and gender. Subsequently, the historical fators that led to the existence of those inequalities are discussed, mainly the slavery and its consequences in today’s Society. And it defends the need to guarantee the rights of these woman, and a solution so that gender and color inequality does not occur.
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 importância da linguagem corporal dos acusados como meio de prova para o convencimento do juiz
(Centro Universitário do Estado do Pará, 2023) Souza, Susane Cristina Silva de; Farias, Klelton Mamed de; Farias; http://lattes.cnpq.br/5520066652510124
When we talk about means of proof, testimonials quickly come to mind, material obtained by forensics, images from cameras in establishments, cell phone recordings, etc., all of this came through innovations in the judiciary over the years, being a way to improve their means of proof and as a way to reduce the percentage of doubts in cases, Today the processes are online and we don't have to flip through countless pages, we have a wide variety of artifacts that can be used so that each party in the process can prove the veracity of what it defends, but couldn't all this innovation be even greater? If we insert one more means of proof in the legal system, the probability of the magistrate having doubts about the sentence to be given would be smaller, and instead of analyzing external objects, why not analyze the accused himself? Therefore, this paper suggests the implementation of body language as a means of evidence. Body language is present in everything we do, whether consciously or not, but it is always possible that someone is saying something different from what he really thinks, so our body gives us away, something that may go unnoticed to the naked eye, but that to the eyes of an expert in body language would be able to identify perfectly.
A inconstitucionalidade da Lei Complementar nº 192/22 e os impactos financeiros no Estado do Pará, sob a ótica da Constituição Federal de 1988 e do direito tributário
(Centro Universitário do Estado do Pará, 2023) Maués, Luiz Felipe Negrão; Silva, Renan Normando Fiock da; Mendes Filho, Sérgio Fiuza de Mello; http://lattes.cnpq.br/8831943449726262
This research carries out a theoretical study, however, with a glimpse of the practical consequences, about the validity of Complementary Law No. 192/2022 in the territory of the State of Pará. Thus, it aims to carry out an analysis of the constitutionality assumptions of the aforementioned normative act and the effective impacts caused on the financial and social dynamics by the change in the rate of the Tax on Operations related to the Circulation of Goods and on Interstate and Intermunicipal Transport Services and of Communication, entitled in art. 155, II, CF/88, on fuels derived from petroleum and lubricants. For this, the complementary regulation is analyzed based on Constitutional, legal, economic and financial elements, in order to verify the immense loss of direct collection and the non-observance of the federative pact, responsible for the division of legislative, contributory and distributive competence.
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 artigo 6º da Emenda Constitucional nº 103/2019
(Centro Universitário do Estado do Pará, 2022) Neves, Ana Luiza Oliveira; Porto, Juliana Vitoria Feliciano Docusse; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
The present research carries out a study of a theoretical nature, based on bibliographic and documentary research, regarding article 6th of the constitutional amendment nº 103/2019. The objective of analyzing the constitutional provision that prohibits the cumulation of the retirement receipt in the general regime of social security with the receipt of salary in public employment, thus automatically breaking the employment relationship that gives rise to retirement, in the light of its constitutionality. It is concluded that the prohibition proposed in article 6th of the aforementioned amendment is unconstitutional because it contradicts the jurisprudence of the Federal Supreme Court and the principles that govern labor law and social security
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 legitimidade ativa privativa do Ministério Público nas ações de improbidade administrativa e sua inconstitucionalidade
(Centro Universitário do Estado do Pará, 2022) Barbosa, Bruno Farias; Costa, Giliarde José da; Miranda, Ana Amélia Barros
The present work aims to analyze the constitutionality of the suppression of the active legitimacy of the Public Administration in administrative improbity lawsuits, resulting from the reform of the Administrative Improbity Law (Law 8.429/1992). This is a study carried out under the methodology of bibliographic review, using as source laws and jurisprudential research, as well as literary works, periodicals, academic productions and articles on electronic sites of recognized legal content. It begins with the approach of Brazilian federative model concepts, followed by the listing and definition of administrative principles pertinent to the subject, proceeding with the presentation of concepts of the Law of Administrative Improbity and ending with the presentation of the position of the Federal Supreme Court on the theme. In the end, it concludes with the analysis of the concepts raised and the author's position regarding unconstitutionality.
A legitimidade dos esportes eletrônicos (e-Sports) dentro da atual conjuntura das apostas esportivas no ordenamento jurídico brasileiro: considerações a respeito do sistema de manipulação de resultados e os patrocínios de casas de apostas no cenário dos e-Sports
(Centro Universitário do Estado do Pará, 2023) Barros, Lucas da Silva; Ramalho, Amanda Maia; http://lattes.cnpq.br/5447190229339912
The purpose of this article is to investigate the legitimacy of electronic sports as a new sports category, considering the current situation of sports betting in Brazil as established by Law 13,756/18. Specifically, the match-fixing systems and the sponsorship of betting houses in the context of electronic sports. To achieve this goal, we analyzed the definition of elements that characterize an activity as a sport, aiming to argue the suitability of electronic sports as a legitimate new sports category. Next, we presented some of the legal repercussions of this category in the Brazilian legal system, highlighting the lack of specific legislation for electronic sports in Brazil. Finally, we addressed the issue of sports betting within this framework, aiming to demonstrate the legislative vulnerability to which electronic sports are subjected, considering some of the peculiarities of this sports category, drawing a parallel with the mitigation mechanisms existing in other countries globally, aiming to inspire a potential regulatory consideration within the Brazilian legal system. To do so, the methodological procedure of bibliographic research was employed, investigating primary and secondary sources, considering doctrinal views, along with the analysis of relevant reports and news on the subject.

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