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Item Trabalho decente e a gestão do labor no sistema prisional paraense(Centro Universitário do Estado do Pará, 2023-02-01) Nascimento, Juliana Oliveira Eiró do; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Raiol, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645The main objective of this dissertation is to reflect on the framework of minimum rights that must be guaranteed to prison workers, in the state of Pará, so that they have their human dignity preserved within the socio-labor field of prison, so that labor functions as a true resocializing tool. To do so, it gathers information to face the following research problem: What is the minimum framework of rights to be assured to incarcerated workers in order to guarantee decent work within the prison system of Pará? To achieve the intended purposes, the research is structured in eight items, the first is the introduction. The second is aimed to study the history of prison work based on an analysis of the origin of the penal system of the prison institutions, the history of criminal law and custodial sentences in Brazil; and, finally, the current context of the sentence in the country, by the perspective of the rehabilitation of the convict and the dignity of the human person. the third item examines the normative protection of the prisoners' work by an international perspective and the fourth item performs the same examination, using an internal scope. the fifth item studies the management of prison labor in the state of Pará, focusing on GAB/SEAP Ordinance No. 465/2020. The sixth item exposes an examination of the 11th cycle of national survey of penitentiary information, carried out from July to December, 2021, focusing on regional information, reflecting on the problem that involves labor in Pará prisons. The seventh item investigates the notion of decent work, exploring its legal basis; the framework of minimum rights currently considered essential to the dignity of the working man; the limitations existing in the current notion of decent work; and, at the end, proposes the expansion of the current notion of decent work, capable of ensuring a framework of minimum rights in favor of the human dignity of workers in prison in the State of Pará, even though they are not subordinated to the CLT regime. Finally, the eighth and last item presents the final considerations of this study, The research used the hypothetical-deductive method with a documentary and bibliographical analysis, through works by jurists such as Brito Filho (2018) and Sarlet (2006), as well as philosophers such as Foucault (1988), Kant (2007) and Rocha (2011), and a qualitative approach of the theme.Item A valorização do trabalho reprodutivo como desafio à igualdade de gênero: o Brasil e o cumprimento da ODS 5 e da meta 5.4 da Agenda 2030 da ONU(Centro Universitário do Estado do Pará, 2023-08-31) Maia, Lia Vidigal; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Guimarães, Sandra Suely Moreira Lurine; http://lattes.cnpq.br/5446022928713407The present work intends to analyze mechanisms for valuing and recognizing reproductive work, considering the social inequalities that exist in Brazil, in order to find mechanisms for the country to come closer to fulfilling the objective of guaranteeing gender equality, considering target 5.4 of SDG 5 of the UN 2030 Schedule. Considering that the method used will be the hypothetical deductive one, the research starts from the hypothesis that reproductive work, considered over the centuries as invisible, lesser relevance, unworthy of remuneration and recognition, actually plays a fundamental role in society, actively contributing to the country's economy, therefore your appreciation is fundamental to achieving gender equality and development. To do so, the reproductive work of women over the centuries will be analyzed, their relationship with capitalism and female oppression in order to assess the quantification and economic valuation of this work as a form of appreciation; after verifying that economic valuation will not be enough to achieve gender equality, the peculiarities of domestic and care work in Brazil will be presented to demonstrate its relationship with race and class issues and with other forms of social inequalities. It was concluded that the recognition of reproductive work involves analyzing which women carry out this activity and under what conditions, while valuing this work requires a multidimensional approach, with public and private investments in improving urban infrastructure, reducing time shortage of women by expanding freedoms and confronting other forms of inequalities.Item Selos distintivos na cadeia produtiva da pecuária: o direito à informação e a rastreabilidade da carne bovina no estado do Pará(Centro Universitário do Estado do Pará, 2023-02-16) Torres, Lígia Ohashi; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Brandão, Juliana Lira da Silva e Cunha; http://lattes.cnpq.br/2942620289684800Cattle ranching began in the Brazilian state of Pará in the context of a policy, favored by military regimes, of occupation of the Brazilian Amazon that was widespread into the 1980s. Beginning in the 1990s, faced with environmental problems linked to production chains and health crises tied to food production, a new business cycle arose that was marked by the search for environmentally and socially appropriate actions and by assurances of quality and proper sourcing of products. In this context, the application of ESG agenda to ranching, in addition to mitigating production process risks and aiding conformity with sustainability standards, could bring greater awareness to beef production. A central factor in this process consists of implementing transparency in the production chain, carrying out animal tracking, in order to ensure the legality of production. In 2002 in Brazil, a system of cattle tracing was started which, nevertheless, is mandatory only for animals destined for export. For the internal market, there is still a need to improve tracking systems in order for consumers to truly have complete, reliable information about the provenance of the beef they consume. Certification is one of the mechanisms that can serve this purpose and provide consumers with information about the production process. Distinguishing labels make it possible to certify both the quality and origin of products, giving value to producers and ensuring food safety. In light of this, the study proposes to analyze how distinguishing labels can be used as a mechanism to combat the lack of traceability in the beef production chain in Pará and violations of consumers’ right to information. The specific objectives are to present the history of the beef production chain in Brazil, especially in the case of the state of Pará, characterizing the current and future structure of the chain via application of ESG principles; to understand the use of distinguishing labels for agricultural products and their relation with traceability in the beef production chain; and, lastly, to demonstrate how a consumer’s right to information contributes to food safety. This study will use deductive reasoning, with bibliographic research and access to secondary data. It is hoped that this survey will contribute to a rise in the quality of beef in the state of Pará.Item A renda básica como política social universal e incondicional: um caminho para a erradicação básica da pobreza no Brasil em um cenário marcado pela racionalidade neoliberal(Centro Universitário do Estado do Pará, 2023) Aguilera, Raissa Maria Fernandez Nascimento; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576This dissertation aims to contribute to the improvement of dialogue on basic income, notably regarding its role in the eradication of poverty. Its objective is to analyze how the implementation of universal and unconditional basic income can contribute to the eradication of poverty in Brazil, in a scenario marked by neoliberal rationality. To do so, it seeks to answer the following question: how can the implementation of basic income contribute to the eradication of poverty in Brazil, in a scenario marked by neoliberal rationality? The study starts from the hypothesis that, despite existing criticisms, the basic income policy is capable of contributing to the fight against poverty in Brazil, provided that it is applied in conjunction with other existing social policies. For this purpose, it resorted to the hypothetical-deductive method, which seeks the answer to the research problem from this hypothesis, adopting a qualitative approach, based on a bibliographical and documentary research, and having as main theoretical references Amartya Sen (2010) and Laval (2018) and Parijs and Vanderborght (2018). This research is divided into an introduction, four development sections and, finally, the final considerations. In the first section, it is demonstrated, from a historical and legal perspective, that Brazil is dominated by neoliberal rationality, which controls and dictates the economic, social, political and legal rules of the country. This research adopts Foucault's view of neoliberal rationality, understanding it as a governmental rationality that influences the decision-making of those who govern and those who are governed. In addition, a methodological analysis of the concept of poverty used is carried out, based on the concept of economist Amartya Sen (2010), according to which it is not only the income that determines who is poor, but also the inability of people to accomplish things they value due to social, political and economic restrictions. The second section presents a history of social policies within a capitalist economic context, especially income transfer already adopted in Brazil, in order to demonstrate that these policies are, as a rule, focused and precarious and use monetary criteria to define their target audience, causing the unfair exclusion of several citizens. The third section, in turn, presents the concept of basic income and the state of the art of matter. The concept used, predominantly, is the development by Parijs and Vanderborght (2018), in which the basic income is characterized by the absence of obligations, regardless of the domestic and professional situation of those assisted, and is, therefore, an individual right, without obligation and universal; in this context, payment must be made, preferably, in kind to the beneficiaries. Finally, the fourth section of development analyzes whether universal and unconditional basic income is a viable instrument, together with other social policies, to combat poverty. It is concluded that, within a scenario marked by neoliberal rationality, basic income is an escape route from poverty, capable of guaranteeing protection for the subjectivity of its beneficiaries and ensuring a way out of food insecurity and pauperization without stigma, if applied in conjunction with other existing social policies.Item O incidente de resolução de demandas repetitivas e a atuação das agências reguladoras: eficácia e impactos jurídicos(Centro Universitário do Estado do Pará, 2023) Santos, Talita Danielle Fialho Messias dos; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Góes, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115This master's thesis proposes a study on the impact of the court decisions made in the context of an incident of resolution of repetitive demands (IRDR) on the regulatory agencies, according to § 2o, of art. 985, of the Civil Procedure Code. It is a practical research, with a qualitative approach, having as methodological procedures the bibliographical and documental review. Under the premises of the theory of law, the research had its foundations based on modern legal positivism, having as a theoretical reference the North American author Ronald Dworkin. Regarding the civil procedural aspect, the main authors that served as the basis for the research were Paulo Sarno Braga e Rafael Alexandria de Oliveira, Sofia Orberg Temer e Thomas da Rosa de Bustamante. This paper seeks an investigation into the normative force of judicial precedents, especially the IRDR, given the possibility of the incident projecting its effectiveness to regulatory agencies, according to § 2o of art. 985, of the Civil Procedure Code. The issue is relevant given that IRDR is still a novelty in the legal system, in addition to the fact that the legislator has left gaps in its regulation, raising doubts among law enforcers, with the need to unify the understanding on the subject. To facilitate this research, a case study was used (IRDR n. 0801251-63.2017.8.14.0000 of the Court of Justice of Pará, that questions the fairness of the collection of unregistered consumption of past period by Equatorial (formerly Celpa). Finally, it was found that judicial precedents have normativity, which, however, may vary in effectiveness depending on the type of precedent. In the specific case of the IRDR, although it has binding effectiveness within the Judiciary (horizontal and vertical), by express legal determination (art. 927, III, of the Civil Procedure Code), this effectiveness could not extend to regulatory agencies considering an analysis of law as integrity. Therefore, it is necessary to confer to § 2o of art. 985, of the Civil Procedure Code, an interpretation according to the Constitution and, by corollary, consider its effectiveness persuasive only.Item A cultura da medicalização e os impactos no sistema público de saúde brasileiro(Centro Universitário do Estado do Pará, 2023-10-30) Sá, Victória Vasconcelos; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Pessoa, Robertonio Santos; http://lattes.cnpq.br/9426835691271531; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794This dissertation aims to analyze the increasing and irrational use of medications, often fueled by the Pharmaceutical Industry and aggressive marketing that promotes drugs as "magic pills capable of curing everything." This poses serious risks to the population's health due to the inappropriate choice of medications, improper exposure to drug adverse reactions, increased bacterial resistance, and self-medication. This excessive use of drugs corresponds, in large part, to the phenomenon known as medicalization, conceptualized by Conrad (2007, p. 19) as a process in which non-medical problems are defined and treated as medical, imposing the risk of overloading the Brazilian healthcare system and diverting focus and funds from genuine pathologies. This raises the question of whether certain situations should be treated as social issues rather than medical problems. To this end, this study gathers information to address the following research problem: Is Brazil influenced by this culture of medicalization? If so, what impacts can medicalization have on the Brazilian Unified Health System? To achieve the desired goals, the research is structured into five sections, with the first being the introduction; the second is dedicated to the analysis of health and disease from a historical perspective; the third focuses on the concept and contours of medicalization; the fourth addresses health as a consumer product, and the fifth and final section concerns the budgetary allocation of medications. The research therefore used bibliographic research as a procedure. Finally, the research concluded that Brazil is influenced by the medicalization of health, as both this phenomenon and the need to rationalize the use of medications are recognized by the responsible bodies for SUS management. Subsequently, it was deduced that medicalization results in a considerable budgetary impact on the Brazilian Unified Health System, since the increase in the quantity of medications, technologies, and procedures to be funded by the public administration in the face of medicalization strains the system and causes disorganization.Item A importância da tributação sobre a mineração para o desenvolvimento sustentável: uma discussão da tributação mineral de competência do estado do Pará(Centro Universitário do Estado do Pará, 2023) Zocatelli, Vitória Mota; Tupiassú, Lise Vieira da Costa; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; http://lattes.cnpq.br/5599627735526045; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Silveira, Alexandre Coutinho da; http://lattes.cnpq.br/7902423151331560The state of Pará has great relevance in the global supply of ores, such as iron, gold, bauxite, copper, nickel and kaolin, among many others produced there. The expressive reserves of mineral goods contribute to the country appearing as an important player in the international mineral market. However, the benefits for society do not occur in the same magnitude, taking in consideration the development indices of the state. One of the ways to reflect on the subject is to discuss taxation, since a fair tax collection can be understood as a consideration by individuals for the exploitation of this wealth, which is public. Thus, the objective of this dissertation is to elaborate a descriptive study on aspects of mineral taxation in the context of the State of Pará. The research uses the deductive method and the bibliographic procedure, as well as the analysis of documents from sources such as the National Mining Agency, the Brazilian Mining Institute and the Fiscal Justice Institute. It was concluded that the main characteristics of mineral taxation in the State of Pará are related to the exemption brought by the Kandir Law and the discussion around the TFRM, resulting in a low participation in the income from this wealth, when compared to the prominence that the sector has in the state, to the private profits of the mining companies, and with the return that could be generated for the federative entity, such as the development of the region, through the generation of jobs and creation of industries, for example. Thus, the study suggests that the state can expand its collection base, with smaller subsidies, mainly for companies with high profitability, since the tax regime must be able to support private sector investment, ensuring, at the same time, the maximization of economic, environmental and social benefits for its population, advancing in the guarantee of basic fundamental rights.Item Interseções entre a recuperação judicial e os processos estruturais: uma análise entre as técnicas da Lei nº 11.101/2005 e o tratamento adequado de problemas estruturais(Centro Universitário do Estado do Pará, 2023-08-18) Costa, Victor Santos da; Araújo, José Henrique Mouta de; http://lattes.cnpq.br/0717263241559819; Góes, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769The main objective of this dissertation is to verify if the Judicial Reorganization Process fits within the concept of Structural Process, in order to, from this analysis, seek in the recovery procedure of Law 11.101/2005, the main difficulties that permeate the Structural Process today in the Brazil, in particular, the absence of specific legislation that regulates its rigorous instruments and techniques. In this sense, the problem that this work aims to answer is to what extent understanding Judicial Reorganization as a Structural Process can represent a bifrontal logic for these two institutes and what benefits this would bring in practice. In order to answer this problem, in the first section, a historical analysis of the Structural Process will be developed, in order to understand its origins, its concept, its characteristics and its procedure. In the second section, we intend to present the main assumptions around the Judicial Reorganization Process and the peculiarities of Law 11.101/2005, seeking to find out if there is a procedural microsystem of Judicial Reorganizations and Bankruptcies in that law. Then, proceed to verify the points of intersection between the Structural Processes and the Judicial Reorganization Process, in order to understand whether the procedure taken by Law 11.101/2005 could be an example of a Structural Process. Finally, in the last section, we seek to understand whether there is a bifrontal logic between the Structural Process and the Judicial Reorganization Process, that is, it will be verified how these institutes can contribute to the improvement of each other's solutions, and which techniques could be used, in practice, between the two procedures.Item Trabalho infantil nas feiras à céu aberto: um estudo sobre o Mercado do Ver-O-Peso(Centro Universitário do Estado do Pará, 2023) Carneiro, Greice Costa Vieira; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537The main objective of this dissertation is to examine the effectiveness of combating the exploitation of municipal child labor, more specifically the Municipal Plan of Strategic Intersectoral Actions of PETI in the Municipality of Belém 2021/2025, based on the guarantee of the human and fundamental rights of the child. To this end, it gathers information to answer the following research problem: to what extent does the municipal management of Pará, through the Municipal Plan of Strategic Intersectoral Actions of PETI in the Municipality of Belém 2021/2025, seek to guarantee the minimum rights of children, more specifically those who have worked in the Ver-o-Peso market since childhood? To achieve the intended purposes, the research is structured in five items, the first being the introduction. The second is intended to provide an overview of child labor, starting with a historical exposition of the subject, and then discussing the evolution of protective legislation against the exploitation of this type of work, from its origins to the consolidation of full protection for children. The third item presents a theoretical and empirical analysis of child labor in Brazil and at Feira do Ver-o-Peso, in addition to the consequences of child labor. The fourth is intended for a reflection on the prevention and eradication of child labor in the Ver-o-Peso Market, analyzing the fight against child exploitation in Ver-o-Peso through the Municipal Plan of Strategic Intersectoral Actions of PETI in the municipality of Bethlehem 2021/2025. It addresses the importance of state and society action in the fight against child labor, and the need to implement the municipal plan for the prevention and eradication of child labor in Belém/PA. Finally, the fifth and last item presents the final considerations of this study. The research used the hypothetical-deductive method, with a documentary and bibliographical analysis, and a qualitative approach to the theme.Item A violência sexual intrafamiliar contra crianças e adolescentes e as políticas públicas no município de Belém/PA(Centro Universitário do Estado do Pará, 2023-06) Maia, Millena Maysa dos Santos; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781This dissertation aims to analyze the State Plan for addressing sexual violence against children and adolescents in the state of Pará from 2021 to 2031, with a focus on the municipality of Belém. To achieve this, it gathers information to address the following research problem: How have the public policies established by the State Plan for addressing sexual violence against children and adolescents from 2021 to 2031 impacted the response to intrafamilial sexual violence in the municipality of Belém? In order to achieve the intended goals, the research is structured into five sections, with the introduction being the first. The second section reflects on intrafamilial sexual violence against children and adolescents, based on an analysis of children's and adolescents' rights in Brazil, as well as the modalities, data, circumstances, and consequences of sexual violence. The third section presents the concept of public policies, addresses the response to sexual violence against children and adolescents in Pará, with a focus on the guidelines of the State Plan for addressing such violence, and finally, elaborates on the integrated information network. The fourth section examines the public policies for assisting children and adolescents who are victims of intrafamilial sexual violence in Belém. Additionally, it analyzes the socioeconomic factors and the issue of sexual violence. The eighth and final section presents the final considerations of this study. The research employed a deductive method, with documentary and bibliographic analysis, as well as a qualitative approach. Lastly, the research concludes that the positive impacts of the State Plan in the city of Belém are undeniable. However, there is still a long way to go to fully protect the rights of children and adolescents. The study confirms the need for strong interaction between the family, the State, and society to ensure the total elimination of any form of violence, especially intrafamilial sexual violence against children and adolescents.Item A violência psicológica contra a mulher: percepções da proteção a partir do advento da Lei nº 14.188/2021 no ordenamento jurídico brasileiro(Centro Universitário do Estado do Pará, 2023) Bahia, Patrícia Lima; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983Violence against women is a global public health concern. In view of this, the objective of the present work is to analyze especially psychological violence against women, to control improvements with the introduction of Law n° 14.188/2021. It is considered, from the consequences that the violence suffered by women left the sphere incorporated exclusively in the family (private field), to be addressed as a public policy (public field) from 1990, hosted by the State, it is achieved nowadays, as a structural violence. A deeper view then began, that there are a violence against women often does not leave visible traces, the marks are, in these cases, engraved in the soul, affecting the psycho-emotional field of the female gender. The aim is to analyze, therefore, the importance of protecting the psyche of women, when faced with a society commanded by men, permeated by patriarchal relations. The theoretical contributions of Heleieth Saffioti, Gerda Carol, Pateman, Maria Berenice Dias, Silvia Pimentel, Elder Lisboa Ferreira de Costa, among others, are used. Here, there is a search to answer equally, to what extent the framework of the new law can be considered effective from the perspective of protecting women. The dissertation is divided into three parts: structural violence and society; normative protection for the protection of women; and the protection of women's mental and emotional health. The methodology used for the procedure is qualitative bibliographical and documentary research, using books, articles, legislation, international documents and official information on domestic violence, the dimension and influence of patriarchy that mortally affects the female psyche. The conclusion reached was that aiming to preserve the woman's psyche is a challenge for the law community, because we can observe it go into the functioning of domestic relations, which is built under the aegis of a male chauvinist maternity. Overcoming this bias is not easy, it will require the adoption of public policies against sexist culture to preserve women's mental health and psychological integrity.Item Direito fundamental à educação: o arcabouço normativo e a efetividade da educação básica no Brasil à luz da teoria de John Rawls(Centro Universitário do Estado do Pará, 2025-02-24) Mácola, Ana Luiza Crispino; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983The main objective of this dissertation is to analyze the fundamental right to education in Brazil in light of John Rawls' theory of justice as equity, considering the Brazilian normative framework and the implementation of access to basic education in the country. In this context, the work seeks to answer the following research problem: based on the analysis of education in Brazil and based on Rawls' conception of justice, to what extent is access to basic education implemented and recognized as a primary good? To achieve the desired goals, the research examines the right to education, addressing its normative protection and theoretical foundations, then delves into the concepts of egalitarian liberalism and distributive justice, highlighting Rawls' theory. Next, the investigation focuses on the feasibility of implementing the right to basic education in Brazil, analyzing whether the institutional structures are aligned with the principles of justice proposed by Rawls, especially in a challenging scenario marked by inequalities in the country. The research, which is theoretical in nature and based on the deductive method, uses discourse analysis as a methodological resource, which allows for an understanding that transcends the explicit content by investigating underlying and contextual impacts. The analysis, as to the object of study, is limited to the normative criteria of basic education. In addition to this methodological approach, the research adopts John Rawls as a theoretical framework, as his theory of justice is considered the most appropriate and fair way of distributing rights among members of society, in addition to recognizing the fundamentality of social rights and, therefore, the most suitable for protecting the right to education. In the end, it is concluded that, although the Brazilian normative framework is aligned with Rawlsian theory, there is an urgent need to improve the practical application of the standards so that access to basic education is effectively guaranteed to all, especially to the less favored, promoting the construction of a more just and egalitarian society.Item Litigância climática e desmatamento na Amazônia(Centro Universitário do Estado do Pará, 2023-03-16) Carvalho, Emerson Benjamim Pereira de; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Benatti, José Heder; http://lattes.cnpq.br/6884704999022918; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356This master's thesis proposes a study regarding the reasoning behind the decisions of the Federal Supreme Court and the Superior Court of Justice, issued in civil proceedings, related to litigation about deforestation in the Amazon, in order to find out what are the parameters and criteria adopted by them Courts to identify and judge these conflicts, examining whether they have an argument from the point of view of anthropogenic climate change. The issue is relevant, as the STF and STJ are the country's courts in charge, respectively, of interpreting the Federal Constitution at the highest level of jurisdiction and standardizing the exegesis of federal legislation; the themes of degradation of the Amazon Forest, the greenhouse effect, global warming and anthropogenic changes in the climate are of concern to the entire world, in view of the risks to climate integrity and species survival; and because deforestation in the Amazon is the factor that most contributes to the emission of greenhouse gases in Brazil and consequent national global warming. The objective of the investigation is to know if the STF and the STJ perceive these conflicts as a climate dispute and what are the legal arguments that make up the reasoning of the decisions. The methodology used made use of the deductive method, a qualitative approach for the discussion of the subject, based on a bibliographical review with the obtaining of doctrine in scientific articles, books, analysis of data and documents, legislation, jurisprudence and research on the websites of the STF and STJ. The research revealed that most of the decisions of the STF and STJ do not bring a climate justification, as they do not address whether or not the judged conflict is a climate dispute and, when they are faced with a case of climate change, they do not mention whether it is of the direct or indirect type and do not discuss the legal climate regime. Therefore, it is important that the STF and the STJ judge these disputes, using a climate basis, given the obligations to justify judicial decisions, to act in enviromental education and to act in public awareness for the preservation of the environment, to play a prominent role in climate governance, to provide effective and efficient judicial protection, to act in a qualified manner in the climate emergency and protection of the Amazon Forest, enabling the continuity of all forms of life on planet Earth.Item As leis higienistas do final do século XIX e a história da saúde pública em Belém(Centro Universitário do Estado do Pará, 2023-05-24) Godinho, Alessandra da Gama Malcher; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Sarges, Maria de Nazaré dos Santos; http://lattes.cnpq.br/2076421409418420; Cabral, Gustavo César Machado; http://lattes.cnpq.br/4661382578024132The present work aims to analyze the legal instruments of intervention that structured a new public health organization in Belém do Pará in the late 19th and early 20th centuries, through sanitary and hygienic regulations that were used at the time of the approach. The hypothesis is that these two components of Civilization imposed not only a structural configuration of urban environments and beautification of spaces, as well as a new arrangement in the issue of public health. The motivation for this theme arose as a result of the public-private binomial regarding the health measures adopted in the face of infectious and contagious diseases, utilizing the historical framework of great transformation in the capital of the State of Pará in the Amazon Rubber Cycle. To do so, the methodology applied to this article, which involves both History and Law interdisciplinarily, is based on the hypothetico-deductive model, making use of bibliographical survey, analysis of documents, articles and periodicals on the subject. This research is divided into three chapters. The first chapter speaks of the history of global public health, from the industrial slums to the arrival of health issues in Belém do Grão Pará, due to the scourge of cholera. The theoretical framework used is Roberto Esposito's Community and Immunization Biopolitics, as well as hygiene and sanitation practices as paradigms of immunization. The second chapter presents a documentary analysis of the intendance reports from Antônio Lemos’ administration, between the years 1897 and 1908, under the immunization perspective. The third chapter discusses the results of hygienist policies during the governments of Paes de Carvalho and Augusto Montenegro, investigating the results of such policies using the decrees and laws on the subject. It is then concluded that such measures, in the light of historical events that occurred worldwide and locally, were necessary to preserve the lives of those who survived at the end of the 1800s and beginning of the 1900s in Belém do Pará.Item O uso dos precedentes judiciais no brasil: uma análise crítica a partir da teoria do direito e da argumentação jurídica(Centro Universitário do Estado do Pará, 2014) Lima Filho, Eduardo Neves; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460Gradually, we see the closeness between the legal systems of common law tradition and the civil law tradition, a true fusion occurring between these traditions. In other words, increasingly we see continental law working with judicial precedents and common law allocating matters to be regulated by laws or codes. The Brazil, despite unquestionably being a country of civil law tradition, each day begins to give more importance to judicial precedents, however, apparently without concern for the consolidation of institutions and mechanisms underlying a theory of judicial precedent. In this context and based on the democratic rule of law and concern for the protection and enforcement of fundamental rights of the democratic state and the containment of state arbitrariness, especially the arbitrariness in the Judiciary, we will seek to answer the question of whether the incorporation of a theory of judicial precedents in the Brazilian legal system corresponds to mere procedural technique, which may or may not be present in the legal system, aiming, among others, to speed up the judicial or corresponds to democratic requirement in the rule of law and has significant role in the system legal, independently of legal theory adopted, considering that these always relate to a theory of legal argument, which is anchored to some degree on a theory of judicial precedent. To do this, this paper will be the bibliographic research, among which the analysis of the works of Ronald Dworkin and Neil MacCormick, especially with regard to their contributions to the development of legal arguments in the context of judicial precedent.Item A certificação ambiental como instrumento de política tributária em busca do desenvolvimento sustentável(Centro Universitário do Estado do Pará, 2014) Cardoso, Dayanne Brenna Campos dos Santos; Merlin, Lise Vieira da Costa Tupiassu; http://lattes.cnpq.br/5599627735526045; Scaff, Fernando Facury; http://lattes.cnpq.br/3214760192523948; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356This thesis is intended to study public policies that promote sustainable development in Brazil, considering the complexity of ecological problems in the Brazilian territory, which hinder the achievement of not only environmental sustainability, but also economic and social development. Most existing environmental instruments cannot cope with the ecological problem satisfactorily, which brings the necessity combination of two or more possible strategies. Considering the peculiarities of the Brazilian society, it is believed that the joint use of environmental taxation and ecocertification can be very positive. Trying to answer whether environmental certification can contribute to the construction of an environmentally oriented national tax policy, it was concluded that certification can be used as a parameter for the variation of the tax cost of products and / or services, so that the certified activities have a reduced tax cost, while not certified activities may have a surplus on its tax cost. Therefore, it is necessary to implement an environmental certification used throughout the national territory, in order to standardize the tax-environmental policies. Despite the need to create a National Tax and Environmental Certification in Brazil, this process cannot be immediate, since such a policy still needs to overcome some limitations.Item ICMS ecológico e desenvolvimento: análise dos estados de Rondônia, Tocantins, Ceará e Pará(Centro Universitário do Estado do Pará, 2014) Oliveira, Adriano Carvalho; Merlin, Lise Vieira da Costa Tupiassu; http://lattes.cnpq.br/5599627735526045; Scaff, Fernando Facury; http://lattes.cnpq.br/3214760192523948; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356The Ecological Value-added Tax (VAT), as a budgetary policy, influences the share of the VAT that is redistributed from the States to the municípios, based on standards defined in State Laws.The Pará State, recently, enacted the Ecological VAT through State Law n. 7.638, July 12th, 2012, regulated by the Decree n. 775, June 26th, 2013. This work aims to evaluate the possible contribution of this policy to the development of the State of Pará. In order to do that, we adopted the meaning of development as of a fundamental right, secured by our Federal Constitution of 1988, also based on the conjugated theories of Amartya Sen and Ignacy Sachs, resulting in the highlight of three core dimensions of development, the economic, social and environmental. From the experiences of other States of Brazil, Ceará, Rondônia and Tocantins, steps of analysis of the Ecological VAT laws, and the criteria of VAT redistribution defined by those laws, were created, so that it can be verified, in a presumptive manner, all possible reflexes of this policy in the dimensions of development. According to the analysis carried, the fixation of the more elevated redistribution percentage associated with determined standards tend to be more effective in terms of the positive impacts created on the dimensions of development achieved by them, in lieu of the pulverization of standards (and corresponding redistribution percentage). Thus, the policy of the Ecological VAT in the State of Pará stands apt to promote development, particularly the environmental dimension, on account of the elevated redistribution percentage of VAT directed to it.Item O princípio da cooperação e a responsabilidade dos entes da federação sobre a gestão de resíduos sólidos: análise da região metropolitana de Belém-PA(Centro Universitário do Estado do Pará, 2017) Cardoso, Adriana Luna; Fonseca, Luciana Costa da; Dias, Jean Carlos; Oliveira, Maria Cristina César deIn the face of industrialization process, mass production and consumption were obtained, generating, consequently, an increase in the volume of solid waste. What causes environmental impacts to the planet. With the advent of the National Policy on Solid Waste nº 12.305/2010, there was an important gap in the Brazilian environmental legislation. But, the proper management of solid waste is a great challenge that needs to work together between the different spheres of public power, the business sector and the community, according to the principle of cooperation. The purpose of this dissertation is to investigate the criteria of competence distribution and the responsibility of the federation entities, in the hypothesis of the creation of Metropolitan Regions, in view of the principle of cooperation. It analyzes the controversy around the distribution of competences for the provision of basic sanitation services, and in particular, solid waste disposal by agglomerated municipalities, and compliance with the principle of cooperation among the entities of the federation for shared participation aiming at Management of solid waste. The research uses the experience of the metropolitan region of Belém to apply the theoretical analysis and concludes that the responsibility is shared among the actors involved, but it does not prevent the individualization of objective civil liability to agents that perform behaviors harmful to the environment.Item Os sindicatos no Brasil e o modelo de democracia ampliada(Centro Universitário do Estado do Pará, 2017) Mendes, Felipe Prata; Koury, Suzy Elizabeth CavalcanteThis work generally aims to investigate, in light of the union organization model adopted by the Federal Constitution of 1988 and through a review of the dynamics perceived in the union relations in Brazil, if restoring the unions’ reclaiming power can be achieved through a model of expanded democracy. In order to accomplish the settled purpose, the historical events that made the route of unions in Brazil will be analyzed, so revealing how the power relations inside unions were built. Next, the basis of the extended democracy model will be presented, which include necessarily a review of the idea of politics, connected to the strategies developed toward the construction and maintenance of power relations. Facing the proposed research problem requires analyzing the Brazilian union organization model, dinstinguished by union singleness, unionization by category and compulsory checkoff. Conclusions claim the necessity of promoting an union reform, bringing union relations closer to an extended democracy perspective, which must be accompanied by the mobilization of workers, who are the most interested in its construction inside union interactions. This research is theoretical and its methodology is literature review.Item Política pública de educação para adolescentes infratores do estado do Pará e a realização do projeto de vida(Centro Universitário do Estado do Pará, 2017) Silva, Gláucia Kelly Cuesta da; Brito Filho, José Claudio Monteiro deThe present study analyzes whether the public education policies aimed at professionalization aimed at adolescents who are responsible for infractions in the State of Pará, who comply with the socio-international measure, contribute to the achievement of their life project. To do so, it was necessary to tackle the problem from four thematic axes: education, understood as a means of emancipation and transformation of the human being; Socio-educational measure as a response of the public power to the transgression of the law; Existing public education policy for the recovery of socio-descendants and their reintegration into social life; And, finally, the project of life, determined in childhood and adolescence. Likewise, the information obtained from the socio-educators of the Centro Socioeducativo Feminino do Pará (CESEF) was used to establish the relationship between the vocational training received at the hospitalization unit and their life plans for post-compliance with the socio-educational measure. In order to achieve this goal, an initial analysis was made of the protection granted to the adolescent offender under the Brazilian legal system, with special emphasis on the socio-educational measure of hospitalization, given the empirical research conducted at CESEF. Secondly, education was analyzed as a mechanism of transformation and emancipation of the human being, in the light of Rawls's theory of equity, as a guarantee of the reach of the project of life and indispensable for the achievement of the objectives of socio-educational measures. From these subsidies, the analysis of the public policies of education for adolescent perpetrators of infractions of the state of Pará that carry out socio-educational measure of hospitalization, being emphasized the education with professional aims. In sequence, an analysis was made around the project of life and the way it gained importance in the study of law as a human good. Finally, it was sought to establish whether the provided professional education allows or not the achievement of the life project of these adolescents, leading to personal and professional achievement.