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Item Famílias na Amazônia: direito, políticas públicas e a dinâmica do afeto e do cuidado(Centro Universitário do Estado do Pará, 2025) Santos, Alexandre Fernandes dos; Resque, Rafaela Teixeira Sena Daibes; http://lattes.cnpq.br/1787469992107576; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040; Azevedo, Thiago Augusto Galeão de; http://lattes.cnpq.br/5496674400879290This research investigates the legal profile of families in the Amazon based on public policies from IBGE. The problem investigated is how family arrangements in the Amazon differ from traditional ones and are recognized by public entities. The objective is to analyze the process of formation of Amazonian families and compare them with other families from other Brazilian regions, as well as study the historical legitimization of these arrangements and their visibility in public policies. The methodology adopted is a qualitative content analysis, using the approach in Law and Public Policies (DPP), by integrating the study of law with the practice of public policies, systematizing their characteristics and effects. The structure of the work is divided into three main sections: the first addresses the historical evolution of family arrangements in Brazil and the Amazon, discussing the principle of affectivity and the duty of care from the 1988 Constitution; the second analyzes the role of the Brazilian State in protecting families, from the law and public policies approach; and the third analyzes IBGE data, from the Continuous Household Sample Survey (PNADC) and the discourses on Amazonian family arrangements. The main results indicate that family arrangements in the Amazon have unique socio-cultural and structural characteristics, often invisibilized by current public policies. Among these aspects, the centrality of affection and cooperation in care relationships, the prominent presence of women — especially grandmothers — as structuring figures of these arrangements, and the recurring practice of circulating children among different family nuclei as a strategy of survival and solidarity stand out. The integrated analysis of PNADC data, from the DPP approach, evidenced the absence of a legal-institutional design sensitive to Amazonian family plurality, as well as the disproportionate overload of reproductive and domestic work that falls on women. It is concluded that the legal recognition of these arrangements and the formulation of public policies that value care work, redistribute responsibilities, and respect local family models are fundamental steps to promote social justice, gender equity, and effectiveness of family policies in the region.Item A responsabilização de empresas por trabalho escravo contemporâneo na cadeia produtiva da pecuária com ênfase no estado do Pará(Centro Universitário do Estado do Pará, 2025) Albuquerque, Ana Carolina Mendes de; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769This research aims to address the following question: how can companies involved in the cattle production chain in the state of Pará be held legally accountable for the occurrence of contemporary slave labor at any stage of the chain? The hypothesis is that, although administrative and legal instruments exist to combat contemporary slave labor within this production chain, they have proven insufficient to eradicate the illegal practice. Therefore, there is a need to strengthen existing legal accountability mechanisms. The general objective of the research is to analyze how it is possible to legally hold companies in the cattle production chain, in the state of Pará, accountable for the occurrence of contemporary slave labor at any stage of the chain. The study has three specific objectives: the first is to discuss the promotion of cattle ranching in the state of Pará, within the developmental policies implemented by the Brazilian state from the 1960s to the present day. The second is to analyze the occurrence of labor analogous to slavery throughout the cattle production chain, with emphasis on the state of Pará. The third objective is to identify how companies involved in the cattle production chain can be legally held accountable for the occurrence of contemporary slave labor at any stage. The research follows a qualitative approach and relies on bibliographic sources as well as documentary research. The studies conducted lead to the conclusion that the currently available administrative and legal instruments are insufficient to prevent the practice, and it is necessary to broaden the possibilities of corporate accountability to encompass all companies, whether individual or collective entities, for the damages caused by the identification of contemporary slave labor at any stage of the production chain.Item Inclusão, parentalidade atípica e trabalho: estudo sobre os direitos de servidores públicos responsáveis por pessoas com TEA no Pará(Centro Universitário do Estado do Pará, 2025) Pantoja, Anderson Cardoso; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537This work is part of the Academic Master’s Dissertation in Law, linked to the Stricto Sensu Graduate Program in Law at the Centro Universitário do Estado do Pará – CESUPA, and addresses the theme “Inclusion, atypical parenthood, and work: a study on the rights of public servants responsible for individuals with Autism Spectrum Disorder (ASD) in Pará”. The main objective of this research is to analyze how the legislation of the State of Pará ensures a fair work schedule for public servants responsible for children with Autism Spectrum Disorder (ASD), while simultaneously guaranteeing the right to decent work, the integral protection of the child, and the preservation of the family institution. Based on this proposal, the research problem is formulated as follows: How does the legislation of the State of Pará ensure the integral protection of children and a fair work schedule for public servants responsible for children with ASD? Methodologically, the study adopts a qualitative approach, based on literature review and documentary analysis. The scientific method employed is hypothetical-deductive, and the research has an exploratory character. The specific objectives are structured into three main axes: (1) analyze the foundations of justice, the legal system, and the rights of persons with disabilities; (2) examine public policies aimed at inclusion and the atypical parenthood of those responsible for individuals with ASD; (3) investigate decent work as a vector of inclusion, with emphasis on the reduction of working hours and the integral protection of children with ASD in the State of Pará. The research concludes that Pará has made significant progress in protecting public servants with children diagnosed with ASD by establishing the right to a special work schedule, aligning with the principles of decent work and the integral protection of the child. However, the effectiveness of these guarantees remains uneven, requiring the adoption of concrete public policies, efficient oversight, and the combating of ableism in order to ensure dignity and effective social inclusion...Item A dependência de rendas da mineração em orçamentos públicos de municípios do estado do Pará(Centro Universitário do Estado do Pará, 2025-03-28) Ericeira, André da Costa; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Enriquez, Maria Amélia Rodrigues da Silva; http://lattes.cnpq.br/3429911984896416; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769This dissertation analyzes the dependence of the public budgets of the main mining municipalities in the State of Pará on current transfers that are directly or indirectly associated with mining. It analyzes the participation of revenue from the share of the Financial Compensation for the Exploration of Mineral Resources (CFEM) and the share of the Tax on the Circulation of Goods and the Provision of Interstate and Intermunicipal Transport and Communication Services (ICMS) in the budgets of the six municipalities that stood out the most in mineral production and CFEM revenue collection between 2018 and 2023 in the state: Parauapebas, Canaã dos Carajás, Marabá, Paragominas, Curionópolis, and Oriximiná. Methodologically, a combination of qualitative and quantitative approaches was adopted. Regarding its objectives, the research is descriptive, gathering information mainly from the databases of the Sustainable Cities Development Index (IDSC-BR), the Municipal Governance Index (IGM-CFA), and Finanças do Brasil (FINBRA) from the Brazilian Public Sector Accounting and Fiscal Information System (SICONFI), which provide budgetary information. The analysis of the composition of public revenue in these municipalities confirmed a low representativeness of self-generated revenue — such as the Tax on Services of Any Nature (ISSQN), the Urban Property and Land Tax (IPTU), and the Inter Vivos Property Transfer Tax (ITBI) — within the overall budgetary revenues, also providing evidence of low tax collection efficiency and minimal tax effort. Thus, in addition to the need to increase the participation of self-generated revenue and reduce dependence on current transfers, the study suggests the efficient management of the wealth generated by mining through the construction of a governance model for the budgetary revenues it provides. This model should be capable of sustaining the social and environmental well-being of future generations. To achieve this, it must incorporate social inclusion, institutional strengthening, and economic diversification, combined with planned and transparent public action, improving the development indicators of these municipalities.Item Controle Verde: o STF e o controle de constitucionalidade nas políticas públicas(Centro Universitário do Estado do Pará, 2025) Mendes, Carolina do Socorro Machado; Resque, Rafaela Teixeira Sena Daibes; http://lattes.cnpq.br/1787469992107576; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Chai, Cassius Guimarães; http://lattes.cnpq.br/7954290513228454This dissertation examines the role of the Supreme Federal Court (STF) in Brazil's climate governance, focusing on how its decisions contribute to the fulfillment of the Sustainable Development Goals (SDGs) 13 and 16. The research analyzes the “Green Agenda”, a set of STF rulings that address strategic environmental and climate issues, such as the allocation of funds for climate public policies, composition of councils, legislative changes that weaken environmental rights, and the participation of civil society in environmental governance. The research investigates how the STF has positioned itself in the face of the challenges of indirect climate litigation, driven by government inaction and pressure from civil society to ensure environmental protection and compliance with Brazil's climate commitments. The methodology used includes content analysis of the Green Agenda decisions, seeking to interpret the STF's legal arguments and identify patterns and trends in the ministers' votes. The research concludes that the judicialization of climate public policies plays an important role in Brazilian environmental governance, but still faces challenges and limitations. The STF has been a relevant actor in environmental protection, seeking to ensure compliance with constitutional norms and international commitments assumed by Brazil. However, it is essential to strengthen cooperation between the three branches of government, improve mechanisms for social participation, and overcome institutional barriers that hinder the implementation of effective climate policies.Item Justiça e vulnerabilidade dos presos no sistema penitenciário brasileiro: aplicação da ODS 16 e do Jus Cogens para a superação do direito penal do inimigo, conforme a doutrina de Zaffaroni(Centro Universitário do Estado do Pará, 2025) Fonseca, Fernando Barbosa da; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Guimarães, Sandra Suely Moreira Lurine; http://lattes.cnpq.br/5446022928713407This dissertation discusses the vulnerability of prisoners in the Brazilian prison system,analyzing it from the perspective of Sustainable Development Goal (SDG) 16 and its relationship with jus cogens and Eugenio Raúl Zaffaroni's (2007) critique of enemy criminal law, highlighting the importance of the Judiciary's role in equalizing this vulnerability. SDG 16 is part of the United Nations (UN) 2030 Agenda and involves the need for public policies to promote peaceful, inclusive societies and universal access to justice. The research highlights the importance of invoking the non-derogable international protection norms enshrined in jus cogens, whose system seeks to impose on States the obligation to respect and guarantee fundamental rights. The theoretical framework focuses on the tension between the criminal law of the enemy and the criticisms promoted by Zaffaroni, who denounces the criminalization of poverty and the formation of the marginalized individual as a “social enemy.” The methodology adopted is qualitative, with the research being applied and based on a review of the literature and documentary analysis, notably of international treaties, Brazilian legislation, reports from the National Council of Justice (CNJ), and INFOPEN, the Statistical Information System of the Brazilian Penitentiary System. The study concludes that the articulation between SDG 16, the principles of jus cogens, and Zaffaroni's critique can develop a more humanistic vision for addressing the social vulnerabilities that characterize the Brazilian prison system. It emphasizes that the Judiciary has taken a leading role in the search for improvements in prison units. The judgments analyzed show that the reserve of the possible should be seen not as a budgetary shield, where the State takes refuge under the cloak of omission, but as a duty to manage budgetary resources efficiently, in a manner that is consistent with SDG 16 and respects the physical and moral integrity of individuals subject to measures restricting their freedom.Item Violência política contra a mulher: o direito à efetiva participação política como instrumento eficaz de combate à sub-representação(Centro Universitário do Estado do Pará, 2025) Magalhães, Talita Reis; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Nogueira, Rafael Fecury; http://lattes.cnpq.br/7341684103082113This dissertation analyzes how structural violence impacts the effectiveness of the system of rights guarantees and the political violence exercised against women. The objective is to demonstrate that the analysis of structural violence is the initial mechanism to identify the most relevant factor in the political violence practiced. The research addresses the historical aspects inherent to women's political rights, in a way that highlights the moments of greatest relevance for the construction of women's political rights. It analyzes the impacts of structural violence and the gender debate in Brazil, taking into account the historical link with women's political rights in the Brazilian legal system, up to the present day, through the regulatory structure established by Law No. 14,192/2021, and all the legal aspects to which it is intended. The research provides clarifications about the legal instruments applied in cases of political violence against women, delimiting their characteristics and legal implications.Item Judicialização do direito social ao benefício de prestação continuada no Brasil: uma análise das decisões proferidas no âmbito do Tribunal Regional Federal da 1ª Região(Centro Universitário do Estado do Pará, 2024) Tinoco, Mayara Lucia de Souza Nascimento; Resque, Rafaela Teixeira Sena Daibes; https://orcid.org/0000-0003-2111-7227; http://lattes.cnpq.br/1787469992107576The judicialization of the Continuous Cash Benefit (BPC) highlights the challenges of ensuring social rights in Brazil, revealing legislative and administrative gaps that hinder the full realization of this right. This study examines judicial decisions issued by the Federal Regional Court of the 1st Region (TRF1), chosen for its jurisdiction over the Northern region, which comprises a significant portion of the population in vulnerable situations, from 2013 to 2023. The research addresses the flexibilization of the per capita income criterion established by the Organic Law of Social Assistance (LOAS), considering the impacts of Supreme Federal Court (STF) rulings that acknowledged the need to adapt this criterion to uphold human dignity and social justice. Grounded in John Rawls' theory of justice, the study explores how TRF1's decision-making patterns enhance access to the BPC and mitigate regional inequalities, proposing legislative improvements aimed at standardizing practices and ensuring greater legal certainty. Additionally, the impacts of these decisions on income distribution and regional development are discussed.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.