Trabalho de Conclusão de Curso - TCC
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Item O papel do inquérito policial no processo penal brasileiro(Centro Universitário do Estado do Pará, 2022) Feio, Victor Lisbôa; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124The present work deals with the role of the police investigation in the Brazilian criminal procedure, and aims to understand its importance in criminal prosecution, specifically to understand the reasons that lead to its indispensability for criminal prosecution. Through the presentation and discussion of the theses of dispensability and indispensability, we seek to analyze the concepts and definitions present in the doctrine and their applications to judicial decisions. For that, an applied qualitative research was carried out, through a bibliographical and jurisprudential survey. Arguments were presented regarding the two theses, with definitions of data by the authors used as a reference for the research, so that such arguments were discussed and confronted, with the objective of demonstrating and understanding the importance of the police investigation and its indispensability in criminality. Finally, it was concluded that the inquiry is of paramount importance in the Brazilian criminal procedure, being indispensable for criminal prosecution, due to its elucidative investigative purpose.Item Terras indígenas e a tese do marco temporal: uma análise sócio-jurídica acerca do julgamento do RE 1017365/SC pelo Supremo Tribunal Federal(Centro Universitário do Estado do Pará, 2022) Alves, Vinícius Chaves; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660The present work is justified by the importance of the issue of indigenous people's rights to the lands they traditionally occupy and by the RE 1017365/SC trial by the Supreme Federal Court (STF), in which the general repercussion of this constitutional issue was recognized. Its research problem is the question of which thesis should prevail in the process of recognition and realization of indigenous territorial rights: the original rights thesis (indigenato) or the temporal march of occupation thesis (indigenous fact). The objective, therefore, is to contextualize the factors intrinsic to this fundamental discussion and, in a descriptive and critical analysis of the RE 1017365/SC trial, to give an opinion on what would be the best interpretation of the Constitution for that case and, considering the binding effect of the decision, for the rights of traditional peoples to indigenous lands. To achieve it, it was sought to make an anthropological contextualization on the subject, an analysis of the historical and current normative conjecture concerning the theme, a complete report on the judicialization of the litigation involving the Xokleng People and, finally, a critical analysis of the opposing theses, clarifying the reasons why one should be used and why the other should be rejected. Therefore, it was concluded that the best interpretation of art. 231 of the Constitution, in line with the vote of the Rapporteur of RE 1017365/STF, Minister Edson Fachin, is the reaffirmation of the original rights of indigenous peoples to indigenous lands.Item A violência obstétrica e os direitos da parturiente: a proteção contra essa violência de gênero por meio da legislação(Centro Universitário do Estado do Pará, 2022) Pamplona, Wanessa Cecile Lima; Lobo, Lívia Teixeira Moura; http://lattes.cnpq.br/3101335810171749Currently, Brazilian women suffer from the problem of obstetric violence, although recurrent, it is not always possible to identify it, due to a created understanding that childbirth is a moment of necessary pain. In addition to its identification, it is difficult to combat it since parturients do not have a specific law to resort to and seek protection. This research carries out a theoretical study on the absence of specific legislation against obstetric violence. Thus, it aims to demonstrate the importance of legislation in guaranteeing the rights of parturients, as a way of combating obstetric violence, from a gender perspective. For this, the legal, historical and social elements that contribute to this scenario are analyzed, allowing to verify the influence of patriarchy and gender violence for the perpetuation of this violence. From this research, it was concluded that the efforts made by the Brazilian State, through the creation of some legislation in relation to childbirth, are not enough to safeguard the dignity, autonomy and health of women and their babies.Item Inquérito policial, sistema acusatório e coisa julgada: uma análise à luz das modificações advindas do pacote anticrime(Centro Universitário do Estado do Pará, 2022) Mota, Anabele de Paula de Lima; Henriques, Gabriela Lara; Teixeira, Yuri Ygor SerraThis article discusses the new article 28 of the Code of Criminal Procedure (whose effectiveness is suspended), which was amended by Law 13.964/2019, known as the "Anti-Crime Package". We will try to understand how this change can be considered a form of approximation to the accusatorial system. Such change evidences the legitimacy of the Public Prosecutor's Office in the decision to close a police investigation, since it is no longer subject to the judge's approval. Given the interference of the magistrate, the nature of the decision to close the case will, therefore, be administrative and no longer judicial, resulting in reflection about the formation of res judicata, making us understand that, in the eventuality of the effectiveness of the aforementioned article, the aforementioned institute will not exist. However, since there will no longer be talk about res judicata, which is a right assured to the accused, it makes us conclude, through the qualitative method, the necessity of the existence, in the administrative scope, of an institute that guarantees the stability and legal security of the decision, which is the institute of the perfect juridical act. Glimpsing still, the possibility that the homologation of archiving be held by the Superior Council of the Public Prosecutor's Office, as occurs with the civil inquiry.Item Energia solar: uma solução possível para o controle da insegurança climática na Amazônia?(Centro Universitário do Estado do Pará, 2023) Cordeiro, Letícia da Gama Albuquerque; Pereira, Maria Eduarda Corecha; Brito, Luis Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544This article analyzes the importance of adopting effective measures in the energy sector to mitigate climate insecurity in the Amazon, given the growing global urgency in relation to climate change. The objective of this work is to evaluate whether the use of solar energy is advantageous for the preservation of the Amazon ecosystem and its rich biodiversity, aligning the country's energy sources with the guiding principles of constitutional and environmental law. To this end, the study presents the environmental problems of the Amazon region, as well as demonstrating the need to adapt to a green economic model. Furthermore, it explores the viability of solar energy as an alternative to the country's energy matrix largely based on hydroelectric plants. Finally, it was concluded that, due to its minimal environmental impacts and great potential for exploration in Brazil, solar energy offers an effective and appropriate solution for a sustainable energy transition. In the research, the methodological path of bibliographic review is used, focused on carrying out bibliographic research on books, articles and documents relevant to the topic of study.Item A proteção de dados pessoais de criança e adolescentes na indústria dos e-games à luz da LGPD(Centro Universitário do Estado do Pará, 2023) Coelho, Allan Santos; Ramalho, Amanda Maia; http://lattes.cnpq.br/5447190229339912The present article aims to discuss the protection of personal data of children and adolescents in the e-gaming industry in light of the LGPD, addressing the impacts of new information communication technologies on the leisure activities of this target audience, which is undeniably considered a market niche responsible for generating significant profits for large companies. It also addresses the role of the LGPD in protecting the data of these children and adolescents in cyberspace. The conducted research has a qualitative bias, based on bibliographic research on the proposed topic, as well as the following research problem: how does the LGPD safeguard the personal data of children and adolescents in the e-gaming industry? The aforementioned question is discussed throughout the research, leading to the conclusion that, although the LGPD is limited in this matter, it reinforces the importance of companies adapting to the need to inform children and adolescents about the processing of their data.Item A inconstitucionalidade do artigo 6º da Emenda Constitucional nº 103/2019(Centro Universitário do Estado do Pará, 2022) Neves, Ana Luiza Oliveira; Porto, Juliana Vitoria Feliciano Docusse; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824The present research carries out a study of a theoretical nature, based on bibliographic and documentary research, regarding article 6th of the constitutional amendment nº 103/2019. The objective of analyzing the constitutional provision that prohibits the cumulation of the retirement receipt in the general regime of social security with the receipt of salary in public employment, thus automatically breaking the employment relationship that gives rise to retirement, in the light of its constitutionality. It is concluded that the prohibition proposed in article 6th of the aforementioned amendment is unconstitutional because it contradicts the jurisprudence of the Federal Supreme Court and the principles that govern labor law and social securityItem Violações ao direito à desconexão: uma análise jurisprudencial(Centro Universitário do Estado do Pará, 2023) Sherring , Isabel Fernandes; Porto, Marcela Proença; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824This article aims to analyze the impacts that insufficient classification in Brazilian labor legislation has on the life of teleworkers. With technological advances, teleworking is expanding more and more, as it brings with it advantages that make this model different from traditional work models, such as flexible working hours. However, this flexibility causes harm to the employee, given the non-compliance with the worker's right to disconnect. The issue of this article raises the following question: how is the right to disconnect when teleworking is currently applied in Brazil to protect the physical and mental health of teleworkers? To resolve the problem, the method of research and bibliographic analysis and jurisprudence of the Regional Labor Courts was used. At the end of the article, it is concluded that the absence of laws that qualify the right to disconnection as a fundamental right of the worker, leads to precarious work, and an increase in exposure to mental and physical illnesses following excessive work linked to pressure for employer part. Therefore, it is necessary to debate the rules for this regime, with the aim of understanding how precariousness manifests itself through the use of this type of work, or even understanding whether it is, in itself, a form of precariousness.Item Mídias sociais e relações de consumo: desafios e perspectivas na proteção do consumidor nesse cenário(Centro Universitário do Estado do Pará, 2023) Liwanag, Glenn Edwin Santiago; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138The use of social media has become a common habit nowadays. In this sense, it is understood that the use of these media and the constant provision of users' images on their many profiles has meant that the legal foundations that protect the right to individuality, image preservation and other variety of actions are adapted to the changes that occur in the social environment, seeking to ensure that the preservation of image and the fundamental and individual rights of each person continue to be employed. The civil liability of digital influencers is related to their role as content providers for the public. In the context of the Brazilian Consumer Protection Code (CDC), influencers can be considered service providers, and consumers are the people who watch their videos, read their posts or in some way consume the content produced by them. According to the CDC, service providers are objectively liable for damages caused to consumers, regardless of fault. This means that if a digital influencer provides false, misleading, or inappropriate information or engages in any abusive practice that causes harm to consumers, he or she may be held liable for the damages caused. Understanding the need to defend such rights while simultaneously validating the necessary protection hypotheses for users who freely circulate in the virtual world, this paper seeks, based on a literature review, to discuss the use of social media, while also analyzing the preservation of individual and fundamental rights guaranteed in the constitutional charter. The marketing of products on social media has been occurring more and more naturally, and has made this a way of doing business over the last few years. This growing use of social media requires constant vigilance and respect for what is present in the Consumer Defense Code from all involved in this process, in order to ensure that, based on vigilance, the principles and rights of consumers are also respected in this form of consumption.Item Direito à desconexão e a Síndrome de Burnout: uma questão de saúde mental(Centro Universitário do Estado do Pará, 2023) Lobato Neto, Irval de Menezes; Moreira, Lia Di Karla Tavares; Cruz, Edson Junior Silva da; http://lattes.cnpq.br/0227617708373838In recent years, it has become increasingly important to study and debate issues that negatively affect the mental health of individuals in different aspects of life. Among these areas is the work environment, in which the subject spends a good part of his days exercising his work and from which he must have the right to disconnect at the end of the day. However, with the development of technology and the liquidity with which social changes began to occur, several professionals had to adapt to a form of digital work, in which the separation between workday and rest was extremely impaired. This excess of hours beyond the contractual one, linked to always being committed to the service, triggered an increase in the rates of mental illness among workers. In this sense, the present work aims to address the importance of ensuring employee protection and their right to disconnect from the work environment, in order to ensure care for their mental health.Item Supralegalidade: métodos de controle e julgamento(Centro Universitário do Estado do Pará, 2023) Lopes, Luiz Ricardo Oliveira; Lima, Lucas do Couto Gurjão Macedo; http://lattes.cnpq.br/5423158402903671The present study aims to analyze the institute of supra-legality in Brazil, the form how it is instituted and the historical context in which the legal system was inserted when the institute was conceived. Furthermore, aims to comprehend the consequences that a new hierarchical baseline can establish to the form of legislative organization and how the courts can operate to adapt and control the internal legislations through the already existing means, establishing what are the due competences and the consequences for these that came from the creation of supra-legality.Item A tutela do direito à desconexão e o teletrabalho: circunstâncias e reflexos à saúde do trabalhador(Centro Universitário do Estado do Pará, 2023) Picanço, Ariane Trajano Silva Viégas; Pereira, José Marcos Gonçalves; Pereira, Emília de Fátima da Silva Farinha; http://lattes.cnpq.br/1293396275281875The ebullition of new technologies has allowed innovation in the workplace, including efficiencies unthinkable for previous generations. The era of smartphones, tablets and notebooks has ensured the execution of tasks without the need for the wear and tear of physical displacement and facing barriers along the way from home to the company headquarters. However, being always online to meet goals has been enhanced to a worrying level all over the world, especially in Brazil. The right to disconnection still does not have a specific legislation in our legal system, making it difficult to preserve the worker's health. It is not only by having a chair and access to the Internet that the employee will deliver productivity, even less will keep his health in good condition if he persists in this pace. Therefore, this paper aims to analyze the protection of the right to disconnection from the reflexes to the worker's health inserted in the regime of telework, starting from the problem of hyperconnectivity, describing the existing policies in France and, finally, exploring both the physical and psychological effects caused to workers. Because the phenomenon is still under development, the research has an exploratory character; qualitative, since it starts from an interpretation of the link between the right to disconnection and the consequences to health, besides being a bibliographical research in academic articles and national and international legislations. The research results in theunderstanding that Brazil still lacks progress in relation to the theme, in order to mitigate the consequences to the health of the teleworker.Item Análise crítica da lei nº 11.343 de 23 de agosto de 2006 (Lei de drogas) sob o prisma dos princípios penais constitucionais(Centro Universitário do Estado do Pará, 2022) Santo, Carlos Augusto Ayres; Araújo Filho, Luiz Fernando Lobato; Silva, Adrian Barbosa e; http://lattes.cnpq.br/7970641455074001This monograph looks to analyze the Brazilian drugs law critically, under the constitutional criminal principles, aiming to promote and base a reflection about its inadequation with those principles. For that, were made the historic contextualization explaining the development of prohibitionism, followed by the analysis of the law’s legal foundations, a brief concept about the constitutional criminal principles based in multiple authors and finally the critical analysis of the drugs law. The used methodology is the analytical, critical and bibliographic.Item O agravamento da vulnerabilidade do consumidor no âmbito de instituições financeiras digitais e o incremento de fraudes bancárias no Brasil(Centro Universitário do Estado do Pará, 2023) Melo, Gabriel Araújo; Corrêa, Luiza Nina Avelar; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138The general objective of this study is to analyze the banking system in terms of customer relationships with remote service (self-service) and the innovation process that banks are being forced to carry out to inhibit electronic fraud, in order to reduce financial losses. In addition, it is intended to establish the link between consumer vulnerability to digital financial institutions, as well as their hyposufficiency in this market economy. The methodology adopted for this study is a bibliographical, exploratory/qualitative review. At the end of this study, it can be observed that, with the inclusion of new communication technologies, especially in consolidated services in the field of the Internet, commercial relations began to adopt new configurations in order to meet specific demands, as in the case of the marketing context that encompasses banking institutions and their relationship with their customers. Faced with the diversity of transactions offered through the virtual channel and the consequent investments made in security, bank fraud has made banking institutions rethink their procedures in terms of innovation, seeking technological tools that give back to the user the security of using these services through the Internet.Item A responsabilidade civil e os mecanismos legais de proteção dos recursos hídricos nacionais(Centro Universitário do Estado do Pará, 2022) Silva, Carlos Eduardo Franco da; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660About 70% of our planet's surface is made up of water. However, water is a finite natural resource. The increase in industrial activity and the consequent population growth have caused the increase in consumption and water waste to reach very high levels. Thus, starting from an exploratory qualitative bibliographical research, the present study aims to present civil liability and the legal framework that protects water resources in Brazil. By giving a satisfactory conclusion to the problem that guided the efforts made in the research, the work proves to be relevant both for the academic and professional field and for society, since understanding the legislation that covers this theme is essential, after all, a new approach to water as a A strategic natural resource, no longer seen as an infinitely abundant commodity, has gained a significant profile. However, the conclusions obtained were that, unfortunately, the fight for the regulated use of the most valuable natural resource, unfortunately, is not seen with the necessary intensity. In addition to legal protection, society needs to have the proper awareness to make good use of.Item Os requisitos de validade do negócio jurídico nos contratos eletrônicos: uma análise a partir da jurisprudência do Superior Tribunal de Justiça(Centro Universitário do Estado do Pará, 2023) Menezes, Dionísio Matheus Reis; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460The advent of the digital era and rapid technological evolution have significantly altered the dynamics of legal business, with electronic contracts standing out as a central element of this transformation. As they are formalized instruments in the digital environment, a range of legal questions arise regarding the singularities of this business model and its compatibility with traditional legal business models, as stated in the Civil Code of 2002. In the meantime, the present work aims to analyze the legitimacy of electronic contracts in the national legal system, verifying their consonance with the infraconstitutional norms regarding Contract Law and the jurisprudence of the Superior Court of Justice (STJ) in the last five years. Methodologically, the research started from a hypothetical-deductive perspective, with qualitative approach, and focused on bibliographical, documentary and case study procedures, specifically normative acts, judgments of the STJ and specialized doctrine regarding contract law.Item A utilização de valores pessoais nas decisões judiciais e a insegurança jurídica no Brasil(Centro Universitário do Estado do Pará, 2022) Duarte, Giovanni Paes; Mendes Filho, Sérgio Fiuza de Mello; http://lattes.cnpq.br/8831943449726262The research aims to analyze legal decisions in Brazil, debating their foundations using mainly Ronald Dworkin's view on the subject and concrete cases, demonstrating that the lawyer is often at the mercy of the judge's personal values and, even in the view of a philosopher who has a non-restrictive interpretation of the law would be far from sharing the view of the Brazilian judiciary. The sources of the methodology used were research on doctrine, scientific articles, legislation and Brazilian jurisprudence. The conclusion of the study is the demonstration of the need to change the thinking of the Brazilian judiciary, making them not want to change the existing law and, yes, apply the existing law to the concrete case.Item STF e opinião pública: como o populismo judicial estruturou decisões da Corte no curso da operação Lava Jato(Centro Universitário do Estado do Pará, 2022) Rocha, Gustavo Sousa Pantoja da; Mendes Filho, Sérgio Fiuza de Mello; ttp://lattes.cnpq.br/8831943449726262The presente paper conducts a study on the development of judicial populismo and the problems involving its manifestation in the Supreme Federal Court, in the period of the “Lava Jato” operation. For this, it develops a broad historical survey on the emergence of constitutional courts to the establish an analysis of the role of the Supreme Court in Brazilian constitutional jurisdiction. Then, it discusses the concepts of political and judicial populism to, finally, verify its manifestations in court decisions.Item Impactos da Lei Seca (11.705/08) no embate a embriaguez ao volante no Brasil(Centro Universitário do Estado do Pará, 2022) Pinto Filho, Heitor de Araújo; Fontoura, Lorena Sena; Lima, Lucas do Couto Gurjão Macedo; http://lattes.cnpq.br/5423158402903671In Brazil, the high rates of traffic accidents, with fatalities or serious injuries, in many of them, the main culprit was the combination of alcohol and driving. Due to the enormous disruption that these drivers caused to the community, something had to be done, since there was no broad supervision, until June 19, 2008, when Law 11.705/2008, commonly known as Lei Seca, was created to reduce the rates of deaths and accidents on Brazilian highways.Item Naufrágio do Haidar: a inadequação da prática do sistema multiportas no Brasil(Centro Universitário do Estado do Pará, 2022) Bastos, Hylggner Kyrios Moura; Souza, Jessyca Fonseca; http://lattes.cnpq.br/2431473660250489The multi-port system in Brazil, even theoretically strengthened, still lacks recognition of its applicability in specific cases. The idea of a Multi-door Courthouse System aims to develop broader and more appropriate dispute resolution opportunities. Thus, modalities such as arbitration, conciliation and mediation, which must be present for an adequate functioning of the idea of Justice in the country, may gain great incentive. From this perspective, through the specific case of the Haidar Shipwreck, an inadequacy of the practice of the multi-door system in Brazil was demonstrated from an inductive methodology, corroborated by documental research with specific bibliographies on the subject.