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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/4070906323347938
The 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.
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/5865287894194983
This 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.
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/5865287894194983
The 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.
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/5865287894194983
This 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.
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/8883729921865765
This 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.
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/2222933055414567
The 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.
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/0225226226260524
This 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.
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/8314910448343996
This 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).
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/5382551862867769
This 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.
A previdência social e a organização neoliberal do mercado de trabalho: a perspectiva brasileira e uma comparação com o México
(Centro Universitário do Estado do Pará, 2023-09-04) Martins Bisneto, Evandro Borges; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Menezes, Daniel Francisco Nagão; http://lattes.cnpq.br/4101655062938301; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769
How do the neoliberal changes observed in the Brazilian labor market impact the model of social security constitutionally adopted in the country? This is the central question of this dissertation, which has the general objective of understanding how the neoliberal changes observed in the Brazilian labor market impact the constitutionally adopted model of social security in the country. The hypothesis for the problem is that the neoliberal changes in the organization of the labor market produce a high degree of informality and, with that, undermine the current protective and financial social security logic. To develop the research, a predominantly qualitative approach was adopted, of an applied nature, with descriptive objectives and bibliographic and documentary procedures, and also with the aid of the science of Comparative Law, using, in its sphere of research, the comparative method of functional type, complemented by the contextualized and historical type, by the modality of microcomparison between the social security systems of Brazil and Mexico, justifying this country being compared because there is similarity and convergence of the problematic and resolving functionality, respectively. The analysis is divided into three sections, which make up the specific objectives of this research. The first proposes to analyze social security as a constitutional instrument of social protection and its current situation in the face of the crisis culture. The second seeks to understand neoliberal rationality with impacts in the labor market and its implications for social security, especially in view of the increase in informal work. The third aims to seek a reflective critique of the situation studied by looking at the Mexican social security system, through Comparative Law. In final considerations, the hypothesis is reflexively confirmed that the neoliberal changes in the organization of the labor market produce a high level of informality and that, with this, undermine the current protective and financial social security logics, finding in Comparative Law some inspirations for alternatives to the impasse, but, above all, paths not to be taken.
Gestão multiescalar em áreas de preservação ambiental costeiras: o caso da APA Algodoal-Maiandeua
(Centro Universitário do Estado do Pará, 2023) Pinheiro, Giuliana dos Santos; Tupiassú, Lise Vieira da Costa; http://lattes.cnpq.br/5599627735526045; Fischer, Luly Rodrigues da Cunha; http://lattes.cnpq.br/5038078976448551; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137
The present work analyzes the structuring of management, in multiple federative and territorial scales, focusing on coastal conservation units, through a brief study of the APA Algodoal- Maiandeua, located in the municipality of Maracanã, State of Pará, northern Brazil, answering to the issue of how the management of coastal conservation units is delineated at multiple federative and territorial scales. The research was developed using the deductive method and the bibliographic technique, based on specialized references to address the profusion of legal instruments applicable to the Brazilian Coastal Zone, the multiscale management exercised in the APA Algodoal-Maiandeua, and the socio-environmental problems faced in the area. From the research carried out, it was found that the sustainable development of the APA Algodoal- Maiandeua can occur from the effective and clear division of competences on the part of the public organizations and entities involved in its management, passing to exercise them in an integrated way. Moreover, in view of the constitutional distribution of the political-administrative competences of the federative entities, it is of paramount importance, both for the realization of the political and financial autonomy of these entities, and for the realization of fundamental rights, that they exercise their tax competences, developing the effort tax needed to improve the quality of life of the population and its economic development.
A tutela provisória de urgência ambiental: uma leitura a partir da análise econômica do direito (AED)
(Centro Universitário do Estado do Pará, 2023) Farache, Jacob Arnaldo Campos; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Silva, Arthur Laércio Homci da Costa; http://lattes.cnpq.br/5467964111383727
The Brazilian State, aligned with the world scenario, has been evolving normatively for environmental protection purposes. Following this line, the Law itself has been recognizing and expanding the scope of action of one of its most recent specialized branches: the environmental one. Analyzing this role of Environmental Law, it is observed that it has strong links with another social science: economics. They are branches of human knowledge that aim to regulate or analyze, depending on each one, precisely the economic appropriation of environmental goods, taking into account the sustainability of these resources and the economic and social development of society. This connection between these fields of human knowledge is precisely the scope of the present study. Indeed, it is not only Law that approaches Economics with the emergence of specialized branches, but it is also the latter that approaches the former with the expansion of a specific field of study: the Economic Analysis of Law (AED). In this sense, this research proposes the following problem for analysis: “Under the lens of the economic analysis of law, it is possible to mitigate the requirement of the danger of delay (“periculum in mora”) for granting provisional environmental protection as an instrument of protection to a balanced environment for present and future generations? In order to respond to the problem raised, the specific objectives are: a) To briefly present the institute of provisional guardianship, in order to subsequently verify how it can be applied in environmental demands, considering the nature of the right involved (diffuse ) and the principles governing this specialized branch of law; b) Present the Economic Analysis of Law (AED) and its tools as an instrument for an analysis of the practical consequences of preliminary injunctions issued in environmental claims; c) Evaluate the pragmatic approach to law, in particular, highlighting the role of a pragmatist judge in the contemporary risk society, based on the analysis of 4 (four) judgments of the Federal Supreme Court (STF) that involve environmental issues and the concession or not of provisional environmental protections. As a result, it is understood that the relationship between the AED and the civil procedure allows for a wide range of research, both because it is still a legal line of thought in the consolidation phase in the Brazilian territory and because a society that assumes more and more risks needs of a right that is guided by pragmatic judicial decisions able to analyze the behavior of its agents and, above all, to control conducts that are harmful to the entire community. In environmental law, this is even more relevant, since it covers the protection of an intergenerational right.
O processo estrutural como meio de garantia do direito fundamental à educação inclusiva
(Centro Universitário do Estado do Pará, 2021-01-18) Faria, Thanyele de Mesquita; Araújo, José Henrique Mouta de; http://lattes.cnpq.br/0717263241559819; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Guedes, Jefferson Carlos Carús; http://lattes.cnpq.br/6113644587152735
The present research proposes to analyze the structural process as a means of guaranteeing the fundamental right to inclusive education, in view of the difficulty that Brazil has in implementing its own constitutional law, in the sense of effectiveness of education for all, with an appropriate teaching and without discrimination. And from the moment when educational issues are judicialized, configuring them as structural disputes, that is, when there is the collective, polycentric, multifaceted dimension of the specific case, the possibility of using a new procedural form, which is, the structural process, with the purpose of reformulating or restructuring a particular practice or system, with the objective of guarantee rights disrespected as yet. In this sense, this research aims to answer the following question: can the structural process be considered an instrument to guarantee social rights, such as inclusive education? If so, what is the best way? In that way, the general objective of this study is to analyze the peculiarities of the right to inclusive education, as well as the elementary points of the structural process, as a new landmark, which will break paradigms and be effective in terms of the protection of fundamental rights, being able to be used in social rights, of great regional and/or national repercussion, with the purpose of rethinking the process model we have today and guaranteeing greater dialogue and cooperation between all procedural and institutional actors. For that, a methodology of mainly bibliographic, documental and jurisprudential nature was used as methodology, being the research eminently theoretical.
Por uma definição de propriedade indígena no Brasil
(Centro Universitário do Estado do Pará, 2021-12-07) Chagas, Vitor Hugo Duarte das; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; Sá, João Daniel Macedo; http://lattes.cnpq.br/9744534971209709
This dissertation aims to understand how indigenous peoples were silent voices in a great historical process of colonization. In this context, the works seeks to recognize a historic right to land through the recognition of indigenous property, with their bond with land and nature being really meaningful. For this, the work starts from the hypothetical deductive method, which through a line of reasoning deduces from pre-established information. It presents a qualitative approach and with a documentary bibliographic review procedure, investigates scientific articles, books and videos on the Brazilian context of granting Rights to indigenous peoples. In relation to depth, this is an explanatory research, as it tries to bring explanations about the coherent themes, as well as about the impacts of colonization and the creation of Human Rights in front of the Iberian Peace School. How does the definition and creation of the indigenous property assist in the right to the full cultural development of these peoples? Therefore, the work shows the need for the institution of a concept of communal property in favor of Brazilian indigenous peoples in an International System.
A dessubjetivação terapêutica: um estudo do dispositivo criminal-punitivo dos inimputáveis por doença mental
(Centro Universitário do Estado do Pará, 2014) Malcher, Farah de Sousa; 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/4919094925608660; Simões , Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435
This thesis aims to understand the discursive rationalities built by criminal device-punitive measure of security. From the debate around the desubjectivation treatment of the insane offender, I questioned the logic of the legal treatment of be imputable by mental illness. This desubjectivation sustains the loss of autonomy of subjects and justify public policies increasingly securitarian and interventional, highlighting in a dramatic way the exercise of biopower and the economic rationality of entrepreneurial contemporaneity. The perception of madness as unreasonableness and the relations between knowledge and power that conspicuousness to psychiatry to the category of science, desubjectivate the individual madman in virtue of not subjection to fixed identity of the modern subject, justifying systems of exclusion. In the context of the new rationality modern legal, why punitive disciplinary action and reason biopolitics articulate producing the neutralization of individuals harmful to the market, which would explain the admission of crazy for an indefinite period of time. The situation of public policies of security measure in the State of Para, shows us need to make them through the grid of intelligibility of economic rationality neoliberal. Finally, the analysis of discursive practices of judges and forensic psychiatrists, I noticed that the inquiry "who is the subject?" appears behind the records of abnormality and dangerousness of the crazy, showing us to be precise, before everything, questioning the status of the subject legacy by Modernity and the relations of domination and subordination of defining ways to see and recognize subject in contemporary societies.
Jus gentium no século XXI e a fundamentação do direito internacional público dos direitos humanos: uma análise da acolhida e integração de refugiados venezuelanos no Brasil
(Centro Universitário do Estado do Pará, 2021-01-21) Santa Brígida, Yasmim Salgado; Pinheiro, Victor Sales; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; http://lattes.cnpq.br/0416222855469529; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Simões, Pedro José Calafate Villa; http://lattes.cnpq.br/1241931341359163
The purpose of this research is to analyze, in the light of the foundation of Public International Law resulting from the jus gentium of scholastic ethics, the subjective right to refuge, having as a landmark the recent mass flow of Venezuelan refugees in Brazil. In this research, the right to refuge is reflected on the assumption of acceptance and integration as necessary elements to effectively protect their human rights. We understand that the ethical precepts of the jus gentium in the XXI century legitimize sovereignty as responsibility. Universal jurisdiction, based on the ethical precepts of the reason of humanity, entitles man as a subject of subjective rights, affirming the dignity of the human person beyond the positive treaties, inaugurating the foundations of the legal principles of Public International Law. This research lists the international and national norms (treaties, judgments and consultative opinions) that concern the person - the pro persona principle - and on reception and integration, which bind and oblige the government to guarantee the protection of the human rights of immigrants and refugees. In the approach to the international human rights system, the jus cogens rules are the maximum expression of the limitation of state power - one of them is the non refoulement. Consequently, there is a need to adopt effective public policies, related to the role of the State in carrying out technical and systemic action plans. It discusses the difficulties of people in a condition of refuge at national level, in addition to addressing which public policies should be adopted in conjunction with various agents responsible for the various sectors of society (security, housing, work, social security, health, education). We believe that the right to shelter must be realized for all people, as it is indispensable for life and for the protection of human dignity, therefore, it is essential the development and improvement of the InterAmerican System for the protection of human rights and the effectiveness of a national immigration and refuge policy. It is concluded that, in order to implement public policies for Venezuelan refugees, guaranteeing their human rights, it is essential to strengthen international and national cooperation (between federative entities, public administration bodies and powers) through comprehensive systemic plans together with the other agents of society (organized civil society, NGOs, and the private sector). The study used, as a methodology, mainly the bibliographic survey, the research being eminently theoretical.
A objeção da consciência do médico em sua relação com o paciente
(Centro Universitário do Estado do Pará, 2015) Koury, Adilon Passinho; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435
Conscientious objection is a form of resisting to lawful command whose determination attacks the most intimate individual sphere. Originated from the fundamental rights to freedom of thought and freedom of religion, conscientious objection is evaluated in this study as an application by the doctor within their professional relationship with the patient. From the ideal of virtue of the Aristotelian tradition, revitalized by MacIntyre, the doctor's objection is discussed in the context of Western medical tradition and bioethics discussion, particularly according to the ethics and morality of internal medicine, and also in relation to the concept of Well, understood here as the objective pursued by the doctor and the patient in performing a medical treatment. This paper analyzes the legal form and the applicability of the doctor's conscientious objection, in addition to its limitation to protect the two elements of the doctor-patient relationship. Conscientious objection is studied as a fundamental right of the physician in the exercise of their profession, which is able to protect harm to his conscience in the face of his professional obligations and patient autonomy when there is irreconcilable disagreement between their beliefs and the needs and desires of patient regarding the treatment to be established.
Reforma fiscal verde no Brasil: (im)possibilidades e perspectivas a partir dos exemplos nórdicos
(Centro Universitário do Estado do Pará, 2020-07-02) Gonçalves, Amanda de Souza; Tupiassú, Lise Vieira da Costa; http://lattes.cnpq.br/5599627735526045; Silveira, Alexandre Coutinho da; http://lattes.cnpq.br/7902423151331560; Fonseca, Luciana da Costa; http://lattes.cnpq.br/3383269305393137
The international scenario has been constantly debating alternatives to alleviate the ecological crisis and environmental taxation has been one of the ventilated economic instruments in this perspective, since it confers revenue to the public coffers, renewing the public revenues, and stimulates the introduction of sustainable measures in the productive activity, having as a vector the polluter-pays principle. Countries that have already adopted environmental taxation, especially the Nordic countries, have reformulated their tax systems, denominate the implementation of a green tax reform (GTR), a series of tax measures that contain, as a basis for delimiting their structures, the environmental component. The Brazil, having the largest environmental surplus in the world and needing to restructure its tax system, must verify the feasibility of implementing such a reform. In this sense, the objective of this research is to analyze to what extent GTR, from the experiences of the Nordic countries, can be implemented in Brazil. The research is exploratory, based on bibliographic and documentary research, with a case study on Finland, Denmark, Sweden, Norway and Brazil. It verifies, from the analysis of the tax and political structure of the countries, that there is no possibility of reproduction of the Nordic experience in the Brazilian context, but, some aspects can and should be used as examples for a better adaptation of the national taxation to the environmental dictates. The work falls within the area of concentration Law, Public Policies and Regional Development proposed by the stricto sensu graduate program in Law of the Centro Universitário do Pará, specifically in the line of research focused on Law, Environment and Regional Development, fitting in the research group of Environmental Taxation and Development research, as a result of the activities falling into the Environmental Taxation and Development research group, within the French-Brazilian international cooperation of the Junction Amazonian Biodiversity Units network and projects developed by it.
A ética do medo na modernidade: análise do princípio da responsabilidade à luz da sociedade de risco ambiental
(Centro Universitário do Estado do Pará, 2020) Lima, Caroline Figueiredo; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216
Modernity, along its journey, has brought forward a series of unprecedented challenges, which require a thorough study of the results produced. This fact is due, primarily, to the wide development of scientism, which with an air of certainty and predictability, sometimes neglects the necessary ethical and moral reflection of events. For this purpose, a bibliographic methodology, with the following question as the guiding question: in view of the complexity provided by the configuration of the Risk Society, which parameter should be adopted to assess the responsibility of social actors? In this way, through the hypothetical-deductive method, the present work deigns to carry out a research in addition to legal, also sociological and philosophical on the Principle of Responsibility in the midst of the Environmental Risk Society. The incompatibility of the current provision of Responsibility in the Brazilian legal system was concluded, among them the misunderstanding about the unpredictability as inherent to the risk and the extent of the damages, which are unable to be fully measured.
Os precedentes judiciais como forma de superação da crise de tempestividade na prestação jurisdicional brasileira: em busca da razoável duração do processo
(Centro Universitário do Estado do Pará, 2015-04-09) Pereira, Bernardo Augusto da Costa; Araújo, José Henrique Mouta; http://lattes.cnpq.br/0717263241559819; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Góes , Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
This study aims to demonstrate the relevance of judicial precedents to overcome the timing crisis in adjudication, by which the Brazilian Judiciary goes by. Therefore, the legal traditions of civil law and common law are briefly analyzed, with greater focus on the latter, in order to demonstrate the approach that occurs between such legal families, and that there are no barriers to the use of judicial precedents by affiliated countries to the Roman-Germanic tradition. It is also studied the theory of judicial precedents, being defended a hermeneutic and dialectical conception of these institutions, as well as favorable arguments for their use. In the same way, the essential elements for a proper understanding of the theory of judicial precedents, besides the revocation techniques, are target of specific analysis. The neoconstitutionalist and neoprocessualist conceptions that start to affect the Brazilian Judiciary after the advent of the Constitution of the Republic of 1988 are target of attention in the same way that the arguments against the adoption of judicial precedents in Brazilian law. Then, due to the expansion of techniques of judicial decision’s binding, understood as part of a public policy in favor of reasonable duration of the process, the institutes of binding summary, general repercussion and the New Code of Civil Procedure, with focus on the incident of resolution of repetitive demands, are object of careful study. Finally, in order to deepen the quality of application of judicial precedents in the Brazilian law, it is studied the theory of Ronald Dworkin, with greater focus on law as integrity. It is concluded that the judicial precedents, if well managed, are able to promote an increase in quality of judicial decisions, and also assist the Brazilian Judiciary to achieve the reasonable duration of the process and, hence, the due process of law.

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