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Item O discurso de ódio é um limite legítimo ao exercício da liberdade de expressão?: uma análise das teorias de Ronald Dworkin e Jeremy Waldron à luz da herança do liberalismo de John Stuart Mill(Centro Universitário do Estado do Pará, 2017) Fadel, Anna Laura Maneschy; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Coelho, André Luiz Souza; http://lattes.cnpq.br/9840639332029644This paper aims to compare the theories structured by Jeremy Waldron and Ronald Dworkin, in light of John Stuart Mill's liberal legacy, regarding limitations to freedom of expression, specifically in cases of hate speech. It is worth noting that this debate takes place within the specific context of North American liberalism. For this reason, two authors representative of contemporary liberal discourse were chosen. To achieve this goal, the first chapter will outline characteristics of liberal political thought, particularly the contributions it developed regarding the legitimate limits to the exercise of freedom of expression. Next, Waldron's proposal regarding the possible regulation of speech based on content will be presented, in connection with his defense of dignity. It will also be argued that this author expands the concept of harm, defended by Mill, extending it to hypotheses of moral and psychological harm. Finally, Dworkin's arguments in favor of freedom in the strongest sense will be presented, which implies that the State must treat all opinions and convictions with equal respect and consideration, including in cases of hate speech.Item Análise comparativa sob a perspectiva de Gadamer da decisão do Supremo Tribunal Federal no caso Raposa Serra do Sol e da Corte Interamericana de Direitos Humanos no caso Mayagna Awas Tingni: direto ao acesso às terras indígenas(Centro Universitário do Estado do Pará, 2016) Ferreira, Elaine Freitas Fernandes; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Benatti, José Heder; http://lattes.cnpq.br/0592012548046002This thesis aims at a critical analysis from the perspective of Gadamer decisions of the Supreme Court in the case of the Raposa Serra do Sol and the Inter-American Court of Human Rights in the case Mayagna Awas Tingni versus State of Nicaragua, with regard to the demarcation of indigenous lands. From the debate on the constitutional treatment of the right of indigenous lands as a key indigenous collective rights, and the Union's role in protecting those interests, questioned the logic of the right of access to lands in private and collective, as well as the legal treatment of indigenous before the Constitution of 1988. The review Gadamerian of the cases, was the decision of the Raposa Serra do Sol, a paradigmatic judged. Of that judgment, we can extract, by the Supreme Court, a search to legitimize the procedure character by declaring its action within the limits of an argumentative representation, since the main controversies raised regarding the framework of its final decision revolved around call conditions or restrictions imposed by the Minister Carlos Alberto Menezes law, the model established by the Union, the continuous demarcation of indigenous lands. The case of the indigenous community Mayagna Awas Tigni vs. the State of Nicaragua was submitted to the Inter-American Court of Human Rights and aimed to the court statement to say that the Mayagna Awas Tingni has the right to access to ancestral lands. Finally, the analysis of these decisions through the concept of tradition Gadameriano and fusion of horizons, we find that not only addressed the interpretation of the text, but to interpret human history by breaking the positivist decisions tradition and past horizons merger with gift.Item Trocando os pés: caminhos e descaminhos dos significantes da ressocialização entre os profissionais da justiça aplicadores das medidas socioeducativas no estado do Pará(Centro Universitário do Estado do Pará, 2016) Peixoto, Irna Cléa de Souza; Leal, Ana Christina Darwich Borges; http://lattes.cnpq.br/4919094925608660; Souza, Luanna Tomaz de; http://lattes.cnpq.br/5883415348673630; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356The present study aims at a critical analysis of the socio-educational measure of hospitalization in the region of Belém do Pará. For this purpose the field research is used, whose instrument of data collection was the interview, in order to capture the understanding of the applicators of the measure On the signifiers that articulate the term 'resocialization' for these professionals, who daily coordinate their practices, use their knowledge, institutional rules and legislation, in search of 're-socializing' these interned offenders. It has as a research problem the question of: how are the signifiers of the discursive device of resocialization organized and structured in the midst of the applicators of socio-educational measures in socio-educational centers in the state of Pará? The interviews aimed to identify the discursive device of these applicators of the hospitalization measure and the signifiers attributed to the term resocialization as a strategic instrument of control and discipline of the offending adolescents. The professionals who deal with adolescents are the ones who put into action daily the actions that attribute the senses and the signifiers of what they name as 'resocialization'. It is pertinent then to know the understanding of these professionals about what they consider "a resocialized adolescent". The investigation then proceeded to analyze the understanding of these professionals applying the hospitalization measures on the actions required, in the view of each one, in order to "return these young offenders to society", subject to social norms, Coexistence of human beings properly docile and trained, and which, as we shall see, is conventionally called 'resocialization'. The main results are that the institutions ofdeprivation of liberty surveyed submit the internal adolescents to what Foucault called 'training institutions' used to produce a normal individual. Thus, it was verified that the hospitalization units of Belém do Pará represent an instrument of state governmentality, where governmentality can be described as the effort to create governable subjects by means of several developed techniques of control, normalization and molding of people's behavior , Reinforced by the discursive device of the professionals applying the measure. The research was based on bibliographical research, especially in Foucault and Agamben, and in the field research where interviewed professionals applying the socio-educational measure of hospitalization, aiming to know their understanding about resocialization in the context of the juvenile offenders interned.Item A burocracia previdenciária e a constituição da previdência social como política pública no Brasil(Centro Universitário do Estado do Pará, 2016) Moreira, Allan Gomes; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Maués, Antônio Gomes Moreira; http://lattes.cnpq.br/5100632338260364; Brito Filho, José Claudio Monteiro de; http://lattes.cnpq.br/7823839335142794The mandatory regimes of social security in Brazil are characterized by the inequality when it comes to social protection. This inequality is constitutionally represented by two diverse regimes. The first one is called “Regime Próprio de Previdência Social” – RPPS. It is exclusively intended to the public service employee. The second one is called “Regime Geral de Previdência Social – RGPS”. It is intended to all the other categories of employees in the private initiative. There is an asymmetry in the benefit plan offered by both regimes when it comes to the payment of advantageous benefits to public service employees as well as their method of costing that socializes with the costs of such benefits. Although this asymmetry is obvious, the differentiations contained in the social protection of both regimes are unaffected by the clause of isonomy protection which is part of the federal constitution of 1988. The goal of this paper is to investigate what is behind the discourse that tries to institutionalize distinct social protections between the private and public employees. This is happening under the perspective of the action of a specific branch of the public bureaucracy: the bureaucrats of the “Instituto de Previdência dos Industriários” – IAPI. They are called “Inapiários”. We will be investigating the way of acting of this bureaucratic branch through bibliographic research. We will also investigate the condition that resulted at some point in a space of power that allowed the formation of a bureaucratic identity. From that identity, the IAPI developed an objective, auto-interested and autonomous action in the technical and political plan. The result of that was the constitutionalization of distinct social systems due to the principle of differentiation and specialty. That led to a diversification of the social protection as a public policy between those who make social policy and those who are part of it. Aside from the materialization of several regimes between different employees in the own text of the Magna Carta, we will point out that the own constitutional and social reforms keep and assure this situation of differentiation, becoming just apparent reforms. These reforms are elaborated and defended by the premise of approximation between the regimes and the end of the special treatment given to the public service employees, when it comes to social aspects. Finally, the asymmetry in the social protection between public and private employees is a discourse that became institutionalized in the constitutional plan. In spite of all the social reforms, this discourse keeps going, reinforcing the principle of the differentiation and specialty as well as the asymmetry of the public policies of social protection.Item O superendividamento na sociedade brasileira e os desafios para uma tutela jurídico-econômica de proteção ao consumidor no século XXI(Centro Universitário do Estado do Pará, 2016) Oliveira, Felipe Guimarães de; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Reymão, Ana Elizabeth; http://lattes.cnpq.br/7523845838580356; Soares, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419The author aims in this dissertation diagnose the current consumer credit indebtedness of the picture in Brazil and possible instruments for the treatment of this phenomenon, with the consequent improvement of the current legislative technique to be grounded in the practices and projects established by the Brazilian judiciary and also the embodiment of successful experiences on the subject by comparative law French and North American. thus, it is important to further investigate, taking as north the study of this phenomenon and its effects on the consumer market, the main causes of over indebtedness in Brazil to identify problems that is designed to tackle through these combative instruments to be embodied in a specific legal and economic protection. The data and research provided by the National Estate Confederation of Commerce, Services and Tourism, through the Research Debt and Consumer Delinquency (PEIC), published monthly, and also by the Central Bank of Brazil, are able to provide the necessary support to the realization of this worrying phenomenon, which the right calls for a satisfactory and effective legal protection, currently non-existent in practice.Item O cultivo do dendê na empresa Agropalma: trabalho degradante e precarizado(Centro Universitário do Estado do Pará, 2016) Correa, Heleni Castro Lavareda; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769The present research aims, based on an analysis of the case law of the Regional Labor Court of the 8th Region and the Superior Labor Court, investigate the degrading work in oil palm cultivation in Agropalma company in the State of Pará, chosen for being one the precursor of plant cultivation in the region. The methodology was the literature, including books, periodicals and other legal publications, which gave support to the theoretical analysis of the case law of both the courts in the period between 2009 and 2014. The time frame noted the consolidation of cultivation palm by Agropalma. Procedural data were collected in the collections of the 8th Region of the Regional Court, the Superior Labor Court, the Ministry of Labor (MPT) and non-governmental organizations in official ments. Before the jurisprudential analysis, we proceeded to a review on oil palm cultivation in the State of Pará and sought to demonstrate how the capitalist system of production is crucial to the existence of degrading work. After, he tried to explain the working conditions in oil palm cultivation by Agropalma, both through its own employees, as through outsourced labor. It was concluded specific analysis of selected decisions, all involving the cultivation of palm oil by Agropalma, there is use of degrading labor, according to the understanding of the TRT of the 8th Region and the TST, which should be fought.Item Fundamentos filosóficos dos direitos humanos: a alternativa teórica do humanismo latino em Francisco de Vitória(Centro Universitário do Estado do Pará, 2016) Guimarães, Hiago Mendes; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; Pinheiro, Victor Sales; http://lattes.cnpq.br/0416222855469529It deals with Latin humanism at the Salamanca School in the 16th century by reading the central works of Francisco de Vitoria and the possibility of this as a viable alternative for the philosophical foundation of human rights in the contemporary world. For this, it begins with a presentation of the School of Salamanca and the master Francisco de Vitoria, dealing with it, of its importance for international law, to analyze his main works, De Indis and De iuri belli, in order to provide a vision of Latin humanism and its presuppositions for a philosophical foundation of human rights. Then goes on to deal with a foundation opposed to Latin humanism, synthesized in the reason of State, observed in the writings of Niccolo Machiavelli and Thomas Hobbes. To finally lay the foundations of that it deems necessary to propose a philosophical foundation of human rights, through the presentation of an understanding of what would be human rights and the necessary elements for a basis of these, such as their relationship with medieval and modern natural rights, its commitment to an understanding of history, among other issues. It works with the initial hypothesis that Latin humanism can serve as a viable alternative model, but in the end, we have critical considerations about this understanding, based on the critical elements resented in what is necessary for a philosophical foundation.Item ICMS verde: um estudo sobre a adequação dos seus indicadores à sustentabilidade amazônica(Centro Universitário do Estado do Pará, 2016) Ferreira, Luciano Cavalcante de Souza; Tupiassu, Lise Vieira da Costa; Gros-Désormeaux, Jean-Raphaël; http://lattes.cnpq.br/5599627735526045; Fischer, Luly Rodrigues da Cunha; http://lattes.cnpq.br/5038078976448551; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137The present research analyses the results of public policies of ICMS Verde at Pará State (Brazil), which has as its legal goal the larger distribution of ICMS shares to those cities that reduce the incremental deforestation rates in its territories under the forest sustainability perspective. It has been identified that ICMS Verde resources repatriation has, during the years 2014 to 2016, been contradictory to the policies goals, as many cities are ranked among the largest deforestation entities in the Amazon, such as Altamira, and, also, as the main beneficiary of the benefit. Per the analyzed perspective, it has been considered that such paradox can be explained by comprehending that indicators of such public policy are not capable to earn the qualitative relation between the action/pressure from human beings and their impacts on the forest, having as a key element the territory conflict amid protected areas and subsidence. By using the PSR Model, it is possible to conclude that larger ICMS resources passes through to cities, as a State response against deforestation happen in a separated route form the objectives of the forest sustainability public policy.Item A presença do judiciário trabalhista como política de inclusão social dos trabalhadores da Amazônia paraense: os municípios de Óbidos e São Félix do Xingú(Centro Universitário do Estado do Pará, 2016) Cruz, Milene da Conceição Moutinho da; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769This study supports the presence of labor courts in municipalities of Amazon/Para, Óbidos and São Félix do Xingu, whose population has difficulty travelling between regions, which conflicts with the political disputes of the higher courts, organized under the utilitarian ethics, and imposes the same requirements numerically nationwide, without any regard to their uniquely specific regional characteristics, which often cause extreme limitation to access, for financial reasons. The cost of the Judiciary has to be seen on another approach, comparing it to the development and collection he adds. Utilizing dialectical research method and technique of literature, it is concluded that access to justice and development are two fundamental human rights, interdependent and complementary, corollaries of the principle of human dignity, and therefore its realization is independent of limitations that depart from the citizens of the possibility of Amazon protection of their fundamental rights.Item Direitos para alienígenas sexuais: um estudo sobre a lógica de poder e a verdade produzida sobre a sexualidade no campo jurídico(Centro Universitário do Estado do Pará, 2016) Azevedo, Thiago Augusto Galeão de; Dias, Bárbara Lou da Costa Veloso; http://lattes.cnpq.br/8176515656244466; Deluchey, Jean François Yves; http://lattes.cnpq.br/3281967884820732; Leal, Ana Christina Darwich Borges; http://lattes.cnpq.br/4919094925608660This present research has as main object of study the power logic and truth produced about sexuality in the legal field. Therefore, it has listed the following objectives: first, based on the theoretical concept of "government of life," written by Michel Foucault, which has sex as its core and is based on three interdependent pillars: Power, Truth and Law; analyze the Power and the Truth incidents about sex in order to conduct a historical reconstruction, denatured, of sexuality and sexual subject concepts. On that ground, Sexuality supporting himself as a construction in the form of a device, responsible for creating the idea of biological sex, as well as the production of deviant sexualities, which had to be named and cataloged, for controlling. In a second moment, investigate the law's relation to the Power and the Truth levied on sex, in order to verify if the law is an “attempt to normalize” by the discourse of power and truth, and normalizing. Through the realization of the right from the identification of a standard-normalizing image, crossed by power and actually built on sex; In a third step, determine the configuration of power and truth built about sexuality in the legal field, from the analysis of the speeches of nine respondents, law professionals with a direct role in the field of the rights identified as "gay"; perceiving speech unison in relation to the use of sexual identities of rights guided in sexual categories. Analyzing such discourses in the light of power logic and built truth about sex in the light of the idea of a modern moral topography, from the sociologist considerations Jesse Souza and Pierre Bourdieu, as well as from the concept of "moral entrepreneurs" by Howard Becker. Finally, in a fourth moment, analyze, historically, the sexual movements in the international and national levels, with the aim to pointed out the role of sexual identities in the conquest of rights, even though they constitute a speech crossed by power and truth built about sexuality. Furthermore, to highlight, however, that the use of sexual identities is contradictory and insufficient, seeking a way to ascend the logic of identity, passing by the theoretical conceptions of Queer Theory, as well as the concept of "performativity", built by Judith Butler. Finally, support a mode of creative life, based on "becoming" rather than "being", reflecting on whether, and how, the law constitutes an element of that way of life, thus representing a subversive element to the mechanism of power and true incident about sexuality.Item Os contratos de parceria na monocultura do dendê no estado do Pará: integração da agricultura familiar ou uma forma moderna de escravidão por dívida?(Centro Universitário do Estado do Pará, 2016) Serra Neto, Prudêncio Hilário; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769This study aims to determine whether the production of palm oil, through the integration of family farming, serves the social function to which it is proposed, ensuring regional and social development, or, rather, is a modern version of slavery for debt, aimed at ensure greater competitiveness in the market, with the sacrifice of local people and the fatherland fraud legislation. As a hypothesis, it holds that the employed family farming in oil palm cultivation is only the latest stage in the constant process of searching for companies by techniques to ease the manpower required for the production of high competitiveness and globalization times markets. It is, in fact, the ancient practice of dispensing, returning under the defense mantle of family farming, making, modern and disguised, of debt slavery these peasants, concealed by the discourse of social responsibility and finds support in legislation and a set of public policies that uplift and encourage the development of family farming, without a corresponding supervision on how occurs. In order to achieve this goal, in the second chapter, we discuss the recovery of the concept of work itself and its historical change to the way we understand contemporaneously. In the third chapter, we discuss the issue of flexibility of labor relations in a context of globalization of markets and redefinition of productive spaces, highlighting, above all, as the practices of companies that exploit the palm fit into this process, defrauding the legislation and exposing farmers to work in degrading conditions and exhausting journeys in conditions analogous to slavery. In the fourth chapter, we will seek to address the reality of work in palm oil and its peculiarities, in order to, from bibliographical and jurisprudential research, gather elements that make it possible to draw a general picture of how the oil palm has transformed the reality of families farmers who fall in family farming projects, especially elements linked to the labor universe to confirm or disprove the debt slavery hypothesis. In the fifth chapter, we shall question the validity of the partnership by analyzing contracts of its structural elements, which resemble much more the contract labor than, specifically, civil contract, since it is present, quite evidently, structural subordination of farmers to the company "partner." This is a necessary study, lined with great social relief, it is important to discuss and understand how social transformations take place in the region.Item O mercado de cannabis sativa e seus impactos na Amazônia paraense: análise das externalidades e dos parâmetros regulatórios sob a perspectiva da análise econômica do direito(Centro Universitário do Estado do Pará, 2025-03-27) Silva, Beatriz Cavalcante da; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Resque, Rafaela Teixeira Sena Draibes; http://lattes.cnpq.br/1787469992107576; Gico Júnior, Ivo Teixeira; http://lattes.cnpq.br/4070906323347938The Cannabis sativa market is a rapidly expanding reality, presenting a range of social, economic, and legal implications. In this context, the present study aims to analyze this market through the lens of Law and Economics, considering both its legal and illegal dimensions. To this end, a historical overview of the psychotropic use of Cannabis sativa will be reconstructed, focusing on its origins, the processes of criminalization, and decriminalization movements across the Americas. The geographical scope of the study includes countries in North America—Canada, Mexico, and the United States—and South America—Uruguay, Chile, Colombia, Argentina, Peru, and Brazil—based on the scientific classification of the substance recognized by the World Health Organization (WHO). The analysis then turns to the Brazilian context, examining current regulations, access, and usage, with particular attention to the legal debate surrounding adult use, notably the Extraordinary Appeal (RE) 635659 – Theme 506 of the Federal Supreme Court. Building on this foundation, a Law and Economics analysis of the legal and illegal Cannabis sativa markets in Brazil will be conducted, emphasizing the externalities produced. Key economic and regulatory concepts such as rationality, utility maximization, economic agents, incentives, efficiency, market failures, information asymmetry, regulation theory, the Coase theorem, and the Peltzman effect will be employed. A specific focus will be given to the Amazon region, particularly the state of Pará, in order to understand the potential impacts of legalization and the importance of developing appropriate regulatory standards. This study seeks to provide a scientific and interdisciplinary reflection on legalization, considering the unique socio-environmental characteristics of the Pará Amazon. The general objective is to identify the externalities of cannabis legalization and its possible impacts on the Pará Amazon, proposing regulatory parameters from the perspective of Law and Economics. The research adopts a qualitative and descriptive methodology, based on content analysis, legislation, jurisprudence, comparative law, and academic literature, with a thematic focus on regulatory implications.Item Garimpo ilegal no sul do Pará e facções criminosas na Amazônia: uma análise a partir da violência estrutural(Centro Universitário do Estado do Pará, 2025) Maués, George Hamilton; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983This study investigates the relationship between criminal factions and illegal mining activities in southern Pará from the perspective of structural violence—issues that directly affect public security and the socio-environmental impacts in the region. The research begins with the observation that the significant increase in illegal mining activities over the past decades in the Amazon coincides with the territorial expansion of criminal organizations such as Comando Vermelho (CV) and Primeiro Comando da Capital (PCC) in the area. Through a multidisciplinary approach, literature review, and deductive method, the history of mining and the evolution of criminal factions in Brazil were analyzed to understand the mechanisms that may have enabled these organizations to infiltrate the illegal mining sector in the Amazon. The findings generated by the research demonstrate that illegal mining has become an important tool for money laundering of illicit businesses operated by criminal factions, facilitated by weaknesses in the State’s control systems. It was also found that these factions establish territorial dominance through coercion and cooptation, increasing the negative socio-environmental impacts caused by illegal mining and intensifying human rights violations in the region, especially against traditional populations. Finally, the historical analysis revealed that criminal organizations represent the most recent chapter in the long trajectory of predatory exploitation of the Amazon, as they are embedded in a context of structural violence present in the region. The study also concluded that effective public policies must go beyond purely repressive approaches by integrating intelligence strategies, institutional strengthening, and sustainable economic alternatives that provide necessary responses, while recognizing the value of traditional peoples and fundamentally confronting structural violence by rethinking the historically imposed predatory development model in the Amazon.Item O migrante venezuelano e a busca do trabalho decente: uma análise do projeto do TRT-8(Centro Universitário do Estado do Pará, 2025-02-25) Morais, João Gabriel Macêdo; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983The main objective of this dissertation is to carry out a qualitative content analysis of a document of a Project prepared by the TRT-8 which, justified by migration policy, aims to promote dignity to Venezuelans in situations of forced migration, in line with the premises of decent work. To this end, this work gathers information to address the following research problem: how can Venezuelans in situations of forced migration have access to decent work conditions, through a Project prepared by the TRT-8? The research used the hypothetical-deductive method, through works by scholars such as Brito Filho (2023), Kant (2011), Sarlet (2012), Vitória (2016), Trindade (2006). To achieve the desired ends, the research is structured in six sections, the first consisting of the introduction. The second aims to present the Venezuelan political history before, during and after the government of Hugo Chávez; moment when Nicolás Maduro assumes power and a humanitarian crisis sets in, causing the exodus of thousands of Venezuelans around the world. The third section examines the understanding of international protection of human rights, based on Vitoria and Trindade, so that human dignity is preserved in situations of forced mobility. The fourth section studies the concept of decent work based on what Brito Filho (2023) states, considering that guaranteeing decent working conditions should be a right that reaches all people without distinction. The fifth section will analyze a project prepared by TRT-8, based on Bardin's (2016) content analysis criteria, so that Venezuelan migrants are included in the labor market of the city of Belém do Pará, as this is a possible public policy that aims to achieve compliance with SDG No. 8. The last section will present the final considerations of this study. Finally, the research has achieved results that, in the context of Constitutional Amendment 45, through the understanding of judicial public policy, it is possible to implement the TRT-8 Project to insert Venezuelans into the job market.Item A inclusão da pessoa com deficiência visual no trabalho a partir da tecnologia assistiva(Centro Universitário do Estado do Pará, 2024-02-29) Dias, Aurora de Nazaré Fernandes; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983This dissertation's central objective is to investigate how assistive technology can function as an instrument for the inclusion of people with visual impairments in the job market, ensuring a balanced work environment. The topic covers several subdivisions, and it is essential to identify the disabilities present, such as physical, auditory, visual, mental and multiple disabilities. Inclusion in the job market, especially for people with visual impairments, reveals significant challenges, even with legislation such as the Quota Policy. Therefore, the problem question was formulated: How can assistive technology be used to include people with visual impairments in the job market? The research focuses on investigating how assistive technology can promote the inclusion of people with visual impairments in the job market, ensuring a balanced environment. The specific objectives include analyzing the characterization of people with visual impairment, exploring obstacles and accessibility in the job market, addressing the issue of a balanced environment and examining the role of assistive technologies. The theoretical relevance of the research lies in the discussion of assistive technology and its application in the inclusion of people with visual impairments in the job market, in line with human dignity. From a practical point of view, the research contributes with alternatives for inclusion, combating inequalities. Therefore, the hypothetical-deductive method is used. The research addresses the lack of accessibility as a central factor for exclusion in the labor market. With a qualitative approach, the research uses bibliographic data and documentary analysis, and is divided into chapters that explore different aspects of the inclusion of people with visual impairments in the job market. In the end, the considerations highlight the importance of the study given the persistent challenges faced by this group, aiming for a more inclusive and equitable society.Item A pejotização no Supremo Tribunal Federal: reflexões à luz do trabalho decente(Centro Universitário do Estado do Pará, 2024-08-26) Peixoto, Karen Dayana Pereira; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Carreiro, Luciano Dorea Martinez; http://lattes.cnpq.br/8883729921865765This dissertation analyzes the decisions of the Federal Supreme Court (STF) on pejotização, from the perspective of decent work. The objective is to investigate how the STF decisions that endorse pejotization, based on outsourcing, interfere with the promotion of Decent Work in Brazil. The research addresses the STF's position on pejotization, identifying arguments from Ministers and influential legal nuances. It also assesses the influence of these decisions on working conditions and workers' rights, pointing out vulnerabilities and possible violations of minimum labor protection standards. The dissertation clarifies the legal instruments of outsourcing and pejotization, delimiting their characteristics and legal implications. It concludes that, despite the fundamental rights established by the Constitution, infraconstitutional legislation makes labor rights more flexible, creating precariousness. The STF, by legitimizing pejotization as outsourcing, confuses concepts, harming workers and weakening legal protection, compromising the promotion of Decent Work. The research is theoretical and empirical, combining bibliographical review and jurisprudential analysis. On a theoretical level, it reviews doctrines, theories and legal principles on pejotização and outsourcing in Labor Law. Empirically, it examines STF decisions, collecting and analyzing rulings to identify patterns and impacts. The search on the STF website, carried out on December 12, 2023, used keywords such as "pejotização" and "pejotização and outsourcing", resulting in 25 and 24 rulings, respectively. Qualitative analysis interprets jurisprudential and doctrinal data, offering an in-depth and reasoned understanding of the implications of these decisions for Decent Work. The research concludes that the STF tends to validate pejotization via outsourcing, reformulating understandings of the TST and TRTs, but faces criticism about its effectiveness in protecting workers' rights. Analyzing STF decisions, the research reveals arguments and legal foundations, highlighting the need for a specialized Labor Court to correctly distinguish between outsourcing and pejotization, ensuring decent working conditions.Item A necessidade de regulamentação do direito à desconexão no ordenamento jurídico brasileiro: a utilização, como parâmetros, das legislações portuguesa e francesa(Centro Universitário do Estado do Pará, 2024) Moreira, Larissa Cavalcante; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Mesquita, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567The present study aims to analyze the need for regulation of the right to disconnect for workers in the Brazilian legal system, starting from a Marxist perspective, according to which true human freedom begins with the reduction of working hours, a fundamental condition for employees to autonomously enjoy leisure time. As a hypothesis, it is argued that Portuguese and French legislations represent advancements in regulating the right to disconnect, particularly through establishing conditions via collective bargaining, which could serve as benchmarks for regulation in the Brazilian legal system. The choice to analyze these legislations is justified by the fact that French and Portuguese rights are part of the Roman-Germanic family, akin to Brazilian law, with significant similarities between the systems and notable progress in regulation on this issue. To achieve this objective, the study investigates the essentiality of non-working time for humans, based on historical struggles for reduced working hours; highlights key norms regarding the right to disconnect in Portuguese and French legislations; discusses the current state of the art of the right to disconnect in the Brazilian legal system; and examines the possibility of using Portuguese and French legislations as benchmarks. The methodology employed includes bibliographic research, focusing on legal books, publications, journals, and reports to provide theoretical support, as well as an analysis of jurisprudence from the Superior Labor Court on the matter. Additionally, a qualitative approach was taken to quantify the number of judgments rendered by the Court between 2018 and 2023, systematizing them into a database to analyze the arguments put forth by respective panels, totaling 102 judgments by the end of 2023 directly related to violations of the right to disconnect due to excessive working hours. The Brazilian legal system requires more robust legislation concerning the right to disconnect, drawing inspiration from French and Portuguese laws to create its own policies that ensure the right to disconnect, tailored to the Brazilian reality and labor market.Item Discriminação algorítmica no mercado de trabalho brasileiro: uma análise da utilização da IA(Centro Universitário do Estado do Pará, 2024-09-07) Brasil, Luiza Arruda Câmara; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Soares, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419; Resque, João Daniel Daibes; http://lattes.cnpq.br/0225226226260524This discussion is aimed at investigating the general nature of the main algorithmic discriminations found in the Brazilian travel market. The Brazilian trade market has now been strongly impacted by artificial intelligence, revealing significant challenges to combat algorithmic discrimination, just as it currently does on data protection (Lei 13,709/2018). The research focuses on investigating which are the main forms of algorithmic discrimination and how they can be mitigated, through an analysis of the current Brazilian scenario in traffic and data protection norms. The specific objectives include analyzing the historical and conceptual aspects of AI, in order to understand how this technology evolved and so that it can be understood the ambiguities created in its use; Examine the trade market and how the algorithms impact the trade-home relationship, through the programs provided. Understand how the European Union (EU) deals with algorithmic discrimination and understand the consequences of varying the minimum parameters for use by AI in Brazil, resulting in algorithmic discrimination in the trade market. The theoretical relevance of the research is based on the production of content that can contribute to the regulatory debate on a technology that impacts millions of human beings, with the main purpose of protecting the fundamental and social rights of Brazilian workers. You do not intend to comply with the use of this technology, but only meet the minimum requirements for its use. From a practical point of view, in this article you can contribute as a debate, in order to propose a new approach to the consequences of the indiscriminate use of artificial intelligence. Having said that, using the hypothetical-deductive method. With a qualitative approach, an appropriate analysis of bibliographic data, documentary analysis and division into chapters that are explored or used by artificial intelligence in the business market. Finally, the considerations stand out as to the importance of testing against persistent problems, trying to combat algorithmic opacity.Item A proteção internacional do meio ambiente e de defensoras e defensores de direitos humanos: uma análise do Acordo de Escazú no estado do Pará(Centro Universitário do Estado do Pará, 2024) Feitosa, Murilo Amaral; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Brito, Luís Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544; Araújo, Maria Creuza Borges de; http://lattes.cnpq.br/8314910448343996This work analyzes the measures in which public policies are encouraged and implemented aimed at protecting the rights to life, integrity and freedom of defenders of environmental rights. The relationship between the actions of these defenders and environmental protection, through the guidelines of the International Escazú Agreement. In this sense, the research begins by demonstrating the current climate emergency crisis scenario in which humanity is inserted, and its impacts on the environment on a global scale. It also deals with the human right to live in a healthy and ecologically balanced environment for all living beings. It addresses the harsh scenario and the challenging perspectives of lives faced by Human Rights defenders, in a Latin American context, considering their local specificities that differentiate them from European countries. It briefly addresses the relevant aspects of the Inter-American Human Rights System, its constituent bodies and the means of action of these bodies. It addresses the issuance of Advisory Opinion No. 23/2017 issued by the Inter-American Court of Human Rights, in light of the request made by Colombia ratifying the right to a healthy environment as a Human Right. It addresses the legal paradigms introduced in the Escazú Agreement in defending the rights of defenders of environmental rights, understood as Human Rights in Brazil. It relates what is established in the Escazú Regional Agreement with the promotion and implementation of public policies aimed at protecting life, physical-psycho-moral-social integrity, freedom, among other rights related to the cause of these defenders (es) of environmental rights understood as Human Rights in Brazil, through the PPDDH at national level. This is, in a more specific cut, for the performance of the state of Pará, through the PPDDH-PA (2008-2012), and the PPDDH, after the edition of Pará Law 8,444/2016, and in this context that investigates which( is) measure(s), in the face of public policies, are being effectively implemented by this member state, aiming to comply with what determines the Escazú Regional Agreement, to reverse the calamitous situation in which these defenders live(es).Item O trabalho em condições precárias na catação de resíduos sólidos em Belém/PA: uma análise sob a ótica da racionalidade neoliberal(Centro Universitário do Estado do Pará, 2024) Bentes, Tiago Rafael Xerfan; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769This research aims to answer the following question: how could neoliberal rationality have contributed to the precarious working conditions of solid waste collectors in Belém/PA? We will work with the hypothesis that this collaboration occurred to the extent that the Brazilian legal system, influenced by neoliberal rationality, created a favorable scenario for the costs of the activity to be transferred to the collector and borne by him, which freed the State from guaranteeing the decent work to the category. Regarding the general objective, we intend to identify whether neoliberal rationality contributes to the fact that solid waste collectors, despite their demands, do not have decent working conditions. The research focuses on three specific objectives: as for the first, we intend to investigate the solid waste management system and the recycling of this waste in Belém do Pará. As for the second, we intend to analyze how neoliberalism and neoliberal rationality have collaborated so that the State refrains from guaranteeing decent work to solid waste collectors and from creating public policies that support their work, given its essentiality to the community. In the third, we intend to analyze how the State could ensure decent working conditions for solid waste collectors. The research has a qualitative approach, is exploratory and uses bibliographic and documentary sources. The analyzes indicate that collectors work under unworthy conditions, and that the laws applicable to the category, in addition to being based on a neoliberal rationality, exempt the State from the duty to guarantee decent work, a commitment to which Brazil assumed when it became a signatory of the Agenda 2030 and when it adhered to the Sustainable Development Goals. In the end, the analyzes also indicate that the promotion of decent work for collectors in Belém is possible, as long as it is accompanied by restructuring and a change in the way solid waste is managed in the city.