Trabalho de Conclusão de Curso - TCC
URI Permanente para esta coleçãohttps://repositorio.cesupa.br/handle/prefix/26
Navegar
Submissões Recentes
Item A especulação imobiliária frente à concretização do princípio da dignidade humana: uma análise do direito à moradia e a garantia dos direitos fundamentais(Centro Universitário do Estado do Pará, 2024) Santos, Ana Luiza Benigno; Santos, Lucas Ferreira dos; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040This article aims to discuss the process of real estate speculation and its role in urban dynamics, particularly regarding the realization of the right to housing, analyzed through a constitutional lens that considers it beyond a mere material property. It focuses on demonstrating how real estate speculation is one of the main causes of the housing crisis experienced in Brazil, characterized by a growing housing deficit. It also seeks to show how the gentrification process it produces prevents a significant portion of the population from accessing adequate housing. The study is grounded in critical theoretical frameworks, understanding real estate speculation as a process inherent to capitalist society, driven by the need for capital accumulation, which transforms land use into a commodity. Using bibliographic research and data analysis from IBGE and other statistical sources, the following results can be identified: the number of vacant properties exceeds the housing deficit; data on inadequate housing reveal intersections of gender, race, and class; excessive urban rent burdens hinder the enjoyment of other fundamental rights; and the number of establishments providing diverse goods and services is lower in favelas and urban communities. It can thus be concluded that the exclusion of a segment of the population from urban spaces is a social reality, with real estate speculation being one of its main causes.Item 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/4901845729722660The 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.Item O excesso da jornada de trabalho do professor e a síndrome de burnout: uma análise dos impactos na saúde psíquica desses trabalhadores(Centro Universitário do Estado do Pará, 2024) Alencar, Claudio Rafael Queiroz Ferreira; Figueiredo, Neuton Bacha; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537The article has the general objective of investigating the impacts of excessive working hours on the mental health of teaching professionals, especially with regard to the occurrence of the burnout syndrome. A review of recent literature and jurisprudence on the topics of interest was undertaken as a method to analyze the possibility of establishing a connection between the precariousness of teaching work, specifically the normalization of long working hours, and the mental exhaustion syndrome associated with work. The main results of the research point not only to the existence of several gaps in research and discussions aimed at detecting burnout syndrome in the working class when it comes to the specific context of teaching work (which suggests the strong possibility of underdiagnosis and consequent absence of specific policies to improve the working conditions of teaching professionals), but also to a tendency towards an increase, in recent years, of precarious working conditions for teachers, which favor the installation of a condition of psychological exhaustion in these professionals.Item O trabalho nas comunidades tradicionais da Amazônia: uma análise a partir do trabalho decente(Centro Universitário do Estado do Pará, 2024) Silva, Eduarda Salviano Pinheiro da; Pereira, Iasmyn do Socorro de Lima; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537This study aims to analyze the application of the concept of decent work in traditional riverside communities in the Amazon, with a special focus on the State of Pará. Starting from a deductive and bibliographic approach, the study investigates the fundamental right to decent work and the relevance of its implementation in these communities, which have a direct relationship with cultural preservation. The research explores how decent work — characterized by the guarantee of rights, social protection and safe working conditions — is reflected in the reality of riverside populations, who live in a context of social and environmental vulnerability, aiming to highlight the importance of ensuring decent working conditions and its impacts on social inclusion and economic justice for these populations, while preserving their way of life and the biodiversity of the Amazon. Subsequently, ways of making decent work effective in these communities are discussed.Item O adicional de risco do trabalhador portuário avulso após a decisão do tema 222 do STF: uma análise jurídica diante da interpretação diversa dada pelas turmas do TRT- 8(Centro Universitário do Estado do Pará, 2024) Oliveira, Lucas Arrais; Prieto, Diego Rodrigues; Santos, Carlos Alberto Valcácio dos; http://lattes.cnpq.br/5870111126587194This scientific article aims to demonstrate that the Additional Risk will only be due to Casual Port Workers if the requirements established by Theme 222 of the STF are respected, that is, there must be payment for the worker with a permanent contract and the worker One-time employee must be in the same conditions as the employee with a permanent contract who receives the aforementioned additional payment. It is correct that in the application of this topic, some classes of the Egrégio Regional Labor Court of the 8th Region were decided to automatically apply the additional fee. Initially, it will be contextualized on the actions of OGMO, the independent port worker and the risk premium. After that, we will deal with the legal and principle analysis linked to the judgment of Extraordinary Appeal 597.124 that gave rise to understanding 222 of the STF. Subsequently, the inapplicability of the automatic risk premium for TRT-8 Classes will be demonstrated.Item Autonomia e controle externo: como os prazos estabelecidos pelo artigo 171 afetam a autonomia e a capacidade operacional dos tribunais de contas(Centro Universitário do Estado do Pará, 2024) Silva, Eduardo Moraes da; Silva, Jade Sampaio; Barros, Ana Amélia Paes de Andrade; http://lattes.cnpq.br/4713961487375362The New Public Procurement Law represents a legislative milestone in the quest for modernization and consolidation of procurement practices and administrative contracts. Since its enactment, some provisions have proven controversial, prompting strong positions regarding their constitutionality. Among these is the subject of this study, which relates to the directives of Article 171, §§ 1 and 3, that encroach on the administrative competencies of control bodies, in this case represented by the Federal Court of Accounts. Law 14.133/21 introduced significant rules concerning the role of the Courts of Accounts in public procurements and administrative contracts. It is worth noting that these rules pertain to how the typical function of external control is exercised and the training of public managers for the application of the new law. These provisions interfere with the autonomy and operational capacity of the aforementioned Court, from the perspective of viability and the consequences that such deadlines impose on the quality of external control and the management of public interest. This could destabilize the organizational structure of these bodies, undermining the effectiveness of public contract oversight and the prevention of harmful irregularities in public management. This study aims to highlight how the deadline stipulated in § 1 of Article 171 directly interferes with the functioning of the Federal Court of Accounts concerning the control system of public contracts and how it may affect the autonomy of the TCU’s actions within its legal competencies. To achieve the research objective, the study was conducted based on qualitative, document-based research, utilizing reference legislation, classic works, and academic studies to support our conclusions.Item Discurso de ódio nas redes sociais e responsabilidade civil: possibilidade de sanções extra pecuniárias para a ampla reparação da vítima(Centro Universitário do Estado do Pará, 2024) Medeiros, Enzo Augusto Gonçalves; Silva, Ivan Gabriel Paiva da; Bonna, Alexandre Pereira; http://lattes.cnpq.br/2997791932118215The present article aims to research the analysis of personality damage caused by hate speech on social media and to seek other means of sanction for its reparation beyond pecuniary restitution, as the application of the latter is not sufficient to fully repair the damagesuffered. The goal is to produce a critical analysis of issues such as civil liability related to freedom of expression, as well as its limits. Regarding the methodology used, it will be classified as descriptive, as it aims to describe how preventive civil liability can be used as a mechanism to curb the practice of such speech. This study will be conducted through bibliographic research in books, articles, websites, etc. It also aims to analyze how hate speech is closely related to moral damage and how it can be held accountable through appropriate conflict resolution mechanisms, in addition to other forms of damage reparation beyond monetary compensation. In summary, regarding the research results, we conclude that the effectiveness of civil liability depends on the adoption of mechanisms that seek to restore the victim to the status quo prior to the damage, going beyond simple monetary compensation. However, the existing obstacles on this topic often prevent the expected results from being properly achieved. Finally, to overcome the presented challenges, it is essential to explore options such as the creation of explicit legal provisions or binding jurisprudence.Item Contratações públicas: contextualização, legalidade, atualização e pragmática acerca do procedimento licitatório no estado do Pará(Centro Universitário do Estado do Pará, 2024) Palheta, Esmaile Ribeiro; Ferreira Filho, Júlio Adriano de Castro; Feio, Thiago Alves; http://lattes.cnpq.br/6097894612420336This article aims to bring the main news arising from Law 14,133/2021 – New Bidding and Contracts Law - NBCL, and, mainly, the study of the difficulty of its application by executive power bodies. The general objective of the piece is to find the best way to apply the precepts of the NBCL, specifically, bringing the general aspects, the application in practice (in place), development of law enforcement in the State of Pará, as well as the need for qualification of the professionals involved. The research methodology is exploratory. The main result of progress is the search for the best way to adapt direct administration bodies to the NBCL.Item Direitos indígenas em julgamento: judicialização no supremo tribunal federal e suas implicações na tutela dos direitos indígenas no período pós-constituinte de 1988(Centro Universitário do Estado do Pará, 2024) Matos, Giulia Fernandes Dias; Mendes, Sérgio Fiuza de Mello; http://lattes.cnpq.br/8831943449726262This work focuses on an analysis of the position of the brazilian Supreme Court, as an integral force of Three Powers, which constitute the Federative Republic of Brazil, and, similarly, as the maximum representative of the Judiciary in the Brazilian legal system, in the face of the protection of the rights of indigenous people, still governed under the aspect of state domain established by the Statue of the Indigenous (1973), through the investigation of its performance through the concentrated control of constitutionality on the matter in cases brought to trial bthe Court. From this perspective, the research intends to present whether the court’s position is in accordance with the ethnopolitics of indigenous people, in this sense, bringing the country closer to being classified as plurinationalist, or reaffirms and endorses the posture of a ‘guarding’ State of this group, elucidating, for this, the process of internal consolidation, contextualizing with the historical scenario.Item Novas tecnologias e relações laborais: ausência de regulação protecionista mínima em face da automação(Centro Universitário do Estado do Pará, 2024) Calvo, Gustavo Reis; Freire, Luma Resque Santiago; Rodrigues, Vanessa Rocha Ferreira; http://lattes.cnpq.br/8565252837284537This work explores the impacts of Industry 4.0 on labor relations, focusing on the lack of adequate regulation in the face of automation and artificial intelligence (AI). Based on a bibliographic and documentary analysis to highlight the transformations brought about by the industrial revolutions, culminating in the current technological era. The exclusion of less qualified workers and the need for requalification in light of the demands of the technological market are discussed. In the Brazilian scenario, a regulatory delay is identified in comparison to international contexts, where advances such as objective liability for high-risk technologies are applied. The study addresses algorithmic discrimination, such as the case of Amazon, and ethical challenges of AI, including deepfakes. Balanced regulation and professional retraining are essential to protect workers and ensure an inclusive transition, reconciling innovation with human dignity. The urgency for effective standards is reinforced by the speed of technological changes and their social impacts.Item Adicional de insalubridade: compensação ou perpetuação do trabalho degradante?(Centro Universitário do Estado do Pará, 2024) Bührnheim, Isadora Araujo; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537This article aims to discuss the role of hazard pay in the context of compensating or perpetuating degrading work. Based on a theoretical-normative study, the structure of this work begins with the presentation of the legal provision and the purposes of the hazard pay premium, highlighting its importance in the Brazilian legal system. Following that, the consequences of working in unhealthy environments are addressed, highlighting the impacts on the health and well-being of workers exposed to harmful conditions. Finally, the relationship between precariousness and compensation is discussed, questioning whether the additional effectively protects the worker or perpetuates work in degrading conditions, defending the need to improve the protection of workers' health and dignity.Item A reforma tributária e o pacto federativo: uma análise à configuração do comitê gestor do IBS(Centro Universitário do Estado do Pará, 2024) Silva, Jackline Beatriz da; Ferreira, Luciano Cavalcante de Souza; http://lattes.cnpq.br/5475231517227221This article seeks to analyze Constitutional Amendment n°. 132/2023 and the preservation of the Federative Pact, focusing on the construction of the IBS Management Committee. The objective of the research is to investigate the impact that the new normative provision will have on the Federative Pact, aiming to contribute to the understanding of the new Brazilian Tax System; in addition to addressing the importance of Federalism in tax legislation, highlighting the fiscal autonomy of municipalities. In this study, proposed Constitutional Amendments are discussed, such as PEC n°. 110/2019, and the changes foreseen in EC n°. 132/2023, which impacts the collection and distribution of taxes, considering OECD recommendations and research carried out by IPEA. In short, it evaluates the role of the IBS Management Committee, which reveals the complexities of tax management shared between the Union, States and municipalities. The research concludes that although the need for a less bureaucratic Tax System is evident in Brazil, the models that form the Tax Reform harm, to a certain extent, the autonomy of municipalities. It stands out as a study of a theoretical nature, with a qualitative approach and exploratory objectives. The method used is hypothetical-deductive through bibliographical and legislative research.Item Direito à saúde baseado em evidências: uma análise sobre o uso da constelação familiar no Tribunal de Justiça do Estado do Pará(Centro Universitário do Estado do Pará, 2024) Farias, Luanne Rafaelle Nacimento; Lopes, Rebeca da Silva; Cruz, Edson Junior Silva da; http://lattes.cnpq.br/0227617708373838This article presents a theoretical analysis of the application of family constellations in the judicial proceedings of the Brazilian judiciary in order to demonstrate the incompatibility of this institute with the constitutional right to health. In this context, the hypothesis will be developed that family constellations do not have sufficient evidentiary and scientific support to be considered a form of science in the strict sense, which makes it impossible to apply them in the judiciary as an alternative means of conflict resolution, under penalty of violating the fundamental principle of guaranteeing universal and quality health. Thus, the problem discussed is: how does the application of family constellations in the judiciary negatively affect the right to evidence-based health? For this, the methodology used for the research construction configures the implementation of the deductive method, based on bibliographic and documentary research, using historical, sociological, legal, jurisprudential and doctrinal materials that deal with the right to health in Brazil, the application of family constellations in the judiciary and evidence-based health rights. Furthermore, it is observed that the materials were analyzed from a qualitative approach, as well as primary and secondary sources were used.Item As consequências da jornada de trabalho 12x36 dos trabalhadores da área da saúde sob a perspectiva do princípio constitucional da dignidade da pessoa humana(Centro Universitário do Estado do Pará, 2024) Martins, Luciano Jesus Hage; Pereira, Emília de Fátima da Silva Farinha; http://lattes.cnpq.br/1293396275281875Thisworkaimstoexplaintheworking hours ofhealthprofessionalsthroughthe perspective oftheconstitutionalprincipleofhumandignity. Duetothefactthattheworking hours oftheseprofessionals are veryexhausting, therefore, they are in disagreementwith labor lawsandaboveallwiththeprincipleofhumandignity, consideringthattheseworkershave a workingdaythat in turnoverloadsthem. As a result, theworkingenvironmentoftheseprofessionalsbecomesunsustainable for themtocarry out theiractivities. Throughoutthearticle, it willbeexplained in detailhowtheworking hours ofhealthprofessionals are notcomplyingwiththeprincipleofhumandignity.Item Responsabilidade civil pela perda de uma chance: uma análise do caso Christian Esmerio x Clube de Regatas Flamengo(Centro Universitário do Estado do Pará, 2024) Alves, Marcelo Almeida; Bonna, Alexandre Pereira; http://lattes.cnpq.br/2997791932118215The article approaches the case Caso Christian x Flamengo in light of the theory of loss of a chance. The objective is to investigate the possibility of applying the theory in question in the mentioned case, however, to illuminate from a doctrinal point of view a solution to similar demands. To this end, the study initially addresses the general notions of the theory of losing a chance, identifying its assumptions and its basic characteristics, then analyzes the Ninho do Urubu episode and the singularity present in the situation of the player Christian Esmerio, and then , investigate whether your case could be resolved through the lost-of-a-chance theory. The research concludes that the litigation involving the family of the deceased athlete and the Flamengo meets all the doctrinal and jurisprudential requirements for the application of the theory of loss of a chance. Furthermore, the study allows us to conclude that both in the specific case and in similar demands, for a better application of the thesis, judges must resort to technical expertise specialized in statistical science, making it possible to reach a complaint that better approximates the opportunity that was lost. The research is theoretical and uses the hypothetical-deductive method, through data collection and examination of books, articles, dissertations, theses and imports to enable the achievement of results.Item O “menor” e a família subcidadã: discussões acerca do arcabouço teórico do poder punitivo e os impactos da escola positiva europeia durante a confecção e vigência do primeiro código de menores(Centro Universitário do Estado do Pará, 2024) Mendonça, Maria Eduarda Souza de; Lima, Lucas do Couto Gurjão Macedo; Ferreira, Tainá Ferreira e; http://lattes.cnpq.br/7864814304817740; http://lattes.cnpq.br/5423158402903671This article asks: to what extent the deterministic analysis coming from the positive criminological schools impacted the elaboration of the First Brazilian Minors Code? The relevance of the discussion lies in the need to analyze the reflexes of class society and punitive power in the context of the writing of the First Code of Minors of 1927 as a point in Brazilian criminal history marked by inequality and segregation. The methodology applied is deductive, based on criminological theories, with the technique of bibliographic research. As a result of the discussion, it was noted how the process of stigmatization of the marginalized family and the minor in conflict with the law had the participation of the State through "treatment" initiatives, scientifically justified based on Cesare Lombroso's studies. Furthermore, it was shown that even if the Minors Code was formally overcome, the problems faced by young offenders still remain.Item Os direitos autorais e a proteção das obras produzidas por Ghost-Writers(Centro Universitário do Estado do Pará, 2024) Pereira, Maria Eduarda Tourinho; Santos, Andreza Casanova Von Grapp; http://lattes.cnpq.br/9121358785114807This article examines the evolution of copyright and its application to ghostwriting, highlighting the legal and ethical dilemmas faced by these professionals in Brazil. The practice originated in Ancient Greece and Rome and became consolidated over the centuries, particularly in literature. Copyright law, on the other hand, has more recent origins, with the enactment of the first copyright protection law in England in the 18th century being a notable milestone. In Brazil, Law No. 9,610/98 was a significant step in regulating copyright relations in the country. However, it lacks explicit provisions regarding ghostwriters, leading to legal uncertainty in matters of authorship and rights. This paper aims to analyze the role of ghostwriters and explore how they fit within Brazilian legislation through exploratory research based on a bibliographic review of legal doctrines, statutes, and case law.Item Acesso inautêntico à justiça no Brasil: a instrumentalização da litigância predatória e seus efeitos deletérios ao poder judiciário(Centro Universitário do Estado do Pará, 2024) Gonçalves, Renan Monteiro; Rodrigues, Mateus da Costa; Silva, Arthur Laércio Homci da Costa; http://lattes.cnpq.br/5467964111383727The purpose of this article is to investigate the instrumentalization of predatory litigation in the Judiciary. The problem lies in the need to observe the severe impacts that artificial disputes cause to the jurisdictional apparatus and how it creates methods of containment to stop persistent prodigality. The analysis constructed used the hypothetical deductive method, through the contribution of an appreciative procedure, to achieve the formation of a consolidated understanding. As a relevant contribution, it was found that even with efforts orchestrated by the National Council of Justice to curb Predatory Litigation, the constant amplification of fraudulent processes is notable, leading to the weakness of the judicial machinery and, consequently, inauthentic access to justice.Item Inteligência artificial na prevenção de assédio no trabalho: promovendo ambientes laborais seguros(Centro Universitário do Estado do Pará, 2024) Monteiro, Nadya Giovanna Alves; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537The article addresses artificial intelligence in the prevention of workplace harassment. The objective is to investigate the impact of artificial intelligence on preventing harassment in the workplace, aiming to promote safer work environments. To this end, the study examines the characteristics and impacts of moral harassment in the workplace, then investigates the integration of Industry 4.0 with artificial intelligence. Finally, it evaluates the effectiveness of artificial intelligence in combating moral harassment. The research concludes that moral harassment in the workplace is a serious problem that harms the health and productivity of workers, requiring clear policies and an organizational culture of respect. Artificial intelligence is emerging as an effective tool for preventing and combating harassment by monitoring behaviors and identifying suspicious patterns, but its implementation must be ethical and transparent, respecting individuals' privacy. The study is theoretical in nature, with a qualitative approach and exploratory objectives. The method is hypothetico-deductive, and the procedures are bibliographic and documentary research.Item Violência de gênero e pornografia da vingança: uma análise crimes virtuais cometidos contra a intimidade da mulher(Centro Universitário do Estado do Pará, 2022) Costa, Anne Letícia Freitas da; Souza, Luciana Correa; http://lattes.cnpq.br/0993067012377712The article aims to analyse gender violence and revenge pornography: an analysis of virtual crimes committed against women's privacy. Within the scope of methodological aspects, based on a bibliographical and documentary survey, in the first section, forma of aggression against women will be analyzed in order to conceptualize gender violence against women intertwined with the patriarchal system and definition of revenge pornography. Then, an analysis of how revenge pornography is currently treated in Brazil, at first, briefly, to find out which specific devices are used to deal with cases of sharing intimate photos and videos and why in order to assess how the legal system dealt with revenge pornography before 2018. Thus, we will seek to answer the following research problem: What advances has the Brazilian legal system typifying the crime of revenge pornography?