Trabalho de Conclusão de Curso - TCC
URI Permanente para esta coleçãohttps://repositorio.cesupa.br/handle/prefix/26
Navegar
Submissões Recentes
Item Violência de gênero e pornografia da vingança: uma análise crimes virtuais cometidos contra a intimidade da mulher(Centro Universitário do Estado do Pará, 2022) Costa, Anne Letícia Freitas da; Souza, Luciana Correa; http://lattes.cnpq.br/0993067012377712The article aims to analyse gender violence and revenge pornography: an analysis of virtual crimes committed against women's privacy. Within the scope of methodological aspects, based on a bibliographical and documentary survey, in the first section, forma of aggression against women will be analyzed in order to conceptualize gender violence against women intertwined with the patriarchal system and definition of revenge pornography. Then, an analysis of how revenge pornography is currently treated in Brazil, at first, briefly, to find out which specific devices are used to deal with cases of sharing intimate photos and videos and why in order to assess how the legal system dealt with revenge pornography before 2018. Thus, we will seek to answer the following research problem: What advances has the Brazilian legal system typifying the crime of revenge pornography?Item A competência estadual do ITCMD e o Supremo Tribunal Federal: impacto do RE 851108/SP na tributação subnacional(Centro Universitário do Estado do Pará, 2023) Corrêa, Antonio Rezende dos Santos; Santos, Matheus Hollanda dos; Ferreira, Luciano Cavalcante de Souza; http://lattes.cnpq.br/5475231517227221The present work aims to verify the impact caused by the decision of the Federal Supreme Court in Extraordinary Appeal no. 851.108/SP, which determined the inability of the States to institute the collection of ITCMD in the cases set out in art. 155, §1º, III. Furthermore, an analysis of the incidence of ITCMD is carried out, as set out in the Federal Constitution of 1988 and Law 5,529/89 of the State of Pará, unraveling its characteristics and incidence hypotheses. Therefore, regarding RE 851.108/SP, this work details the votes of the STF Ministers in order to demonstrate their understanding on the topic. In view of this, a parallel is drawn between the decisions of RE no. 851.108/SP (ITCMD) and RE 191.703 (IPVA), with the purpose of distinguishing the treatment given by Ministers regarding the analysis of taxes. Finally, this academic work presents a critique of the impact and negative consequences caused by the STF's decision on the national tax system, highlighting social inequality and violating the principles that govern tax law.Item Neoliberalismo e a ameaça aos direitos sociais: o trabalho sob demanda na plataforma Uber e a intensificação neoliberal no contexto do capitalismo digital(Centro Universitário do Estado do Pará, 2023) Crispino, Antônio Pedro Ferreguete; Mendes Filho, Sérgio Fiuza de Mello; http://lattes.cnpq.br/8831943449726262This study analyzes neoliberal intensification in the context of digital capitalism, focusing on the impacts on working conditions and the repercussions of the work method adopted by the company, nicknamed work on demand. The objective is to investigate the impacts of this new working method, analyzing through sociologists and philosophers the influence of the neoliberal agenda on this impoverishment of working conditions. To this end, the research examines the capitalist history seeking to understand the ways adopted by the company to evade labor obligations, considering the exponential technological advance, as well as investigating working conditions in a contemporary context of implementation of neoliberal rationality, finally, address the methods used by the company such as lobbying and jurimetrics, considering how maintaining the current understanding affects the minimum status of the worker, leading to the intensification of social disparity in the contemporary context. The article concludes that it is necessary to make the debate about the phenomenon of uberization public, with the aim of stopping the definitive withdrawal of labor guarantees. This is basic research, with a qualitative approach and exploratory objectives, using the hypotheticaldeductive method and a bibliographic and documentary analysis of the topic.Item Os desafios da inclusão da pessoa com o transtorno do espectro do autismo no mercado de trabalho(Centro Universitário do Estado do Pará, 2023) Dias, Brenna de Nazaré Magalhães; Silva, Thayná Flávia Oliveira; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943This article addresses the importance of including people with Autism Spectrum Disorder (ASD) in the job market, seeking to provide reflections that contribute significantly to the advancement of practices and policies related to this issue. The general objective of this work is to analyze how the current public order and policies have enabled people with autism spectrum disorder (ASD) to effectively be included in the job market, identifying the challenges faced by these individuals. To this end, the study investigates the legal framework related to people with Autism Spectrum Disorder, identifies the specific challenges faced by these individuals during the process of professionalization, search and maintenance of employment, as well as their potential contribution to companies, in addition Furthermore, it evaluates existing public policies that aim to facilitate the professional integration of autistic people. Finally, it was concluded that, even with public policies that seek to promote the labor integration of autistic people, the challenges faced still persist, given that employers and society, in general, still do not demonstrate preparation to deal with the inherent peculiarities to the disorder. In the research, the method used is the bibliographic and documentary review procedure, of an exploratory nature, approaching the deductive method and making use of secondary sources, focused on carrying out bibliographic research on articles, scientific productions, laws and documents pertinent to the research topic.Item Prestação de contas na curatela: a necessidade de uma abordagem subjetiva para a proteção do melhor interesse do curatelado(Centro Universitário do Estado do Pará, 2023) Ferreira, Israel Vitor Farias; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040This article proposes a critical reflection on the Accountability Process in Guardianship. The main issue addressed is the effectiveness of the current process, which mainly focuses on the financial dimension, neglecting a multidisciplinary approach. This one-dimensional approach may not align with the best interests of the ward, contradicting the essential purpose of guardianship as stipulated in Article 755, §1 of the Civil Procedure Code. Through a theoretical and legal analysis of the guardianship institution and the Accountability Process, this article draws an analogy with the subjective accountability process used in custody cases. We argue that it is crucial for the oversight of the guardianship process to also encompass subjective aspects, in order to ensure the effective protection of the ward's rights and interests.Item Inquérito das fake News: uma análise da argumentação jurídica da Suprema Corte e do ativismo judicial à luz da filosofia política de Scott Shapiro(Centro Universitário do Estado do Pará, 2023) Kato, Felipe Oliveira; Coimbra, Alissa Tavares; Fadel, Anna Laura Maneschy; http://lattes.cnpq.br/6679138259126229This article aims to analyze, in the light of Scott Shapiro's political philosophy and his theory of law, the existing judicial activism in Brazil, both in the legislative and procedural spheres, in order to try to answer the limits between arbitrariness and effective compliance. of the legal duty exercised by the Supreme Court. For this purpose, the deductive method was used, that is, through materials such as books, websites, articles and magazines, it may be possible to carry out the necessary bibliographical research so that the conclusion of this study could be reached. Thus, we aim, from the Fake News Inquiry and the analysis of the STF's legal arguments, to debate, question and question the granting of excessive power to the judiciary to the detriment of other powers, a fact that results in disproportionality and disharmony between the three existing powers. In addition, it is intended to demonstrate how judicial activism interferes too much with life in society and affects the Law by promoting an affront to the legislature, normative texts and the Federal Constitution itself. It was concluded that judicial activism is an affront to democracy, as well as it is observed that legal texts are damaged by the excessive use of the interpreter's discretion and the inflation of the judiciary, as advocated by Shapiro.Item A prática das denunciações caluniosas de abuso sexual, dentro da alienação parental: uma perspectiva de estudantes de direito(Centro Universitário do Estado do Pará, 2022) Cruz, Beatriz Valente da; Anjos, Isabelle Aguiar dos; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124The parental alienation is a phenomenon characterized by the manipulation and reprogramming of the child or adolescent by the alienating parent to turn them against the alienated parent. In this work, there is the objective to analyze the connection of parental alienation with the slanderous denunciations its targets being the child or adolescent, how it happens, the motivations behind the conduct and how the Judiciary tries to solve it. In addition, it seeks to bring the subject to debate, for it is noticed little academic investigations related to the specifics of the problem issue. To achieve this objective, we seek the analysis of legal, legislative and psychological sources, in order to understand the phenomenon, since, in most cases, the alienating parent is identified as the mother of the child or adolescent, who is the main victim, while the alienated parent is the father, identified from the works done by the psychologists Glícia Barbosa de Mattos Brazil, Marcia Ferreira Amendola and former judge Maria Berenice Dias. Therefore, it was verified the difficulty of training for the Law and Psychology agents, when called upon to analyze and solve these problems. These will be the subjects, among other related ones, which will be analyzed and studied with greater caution and prudence for this work.Item A legitimidade ativa privativa do Ministério Público nas ações de improbidade administrativa e sua inconstitucionalidade(Centro Universitário do Estado do Pará, 2022) Barbosa, Bruno Farias; Costa, Giliarde José da; Miranda, Ana Amélia BarrosThe present work aims to analyze the constitutionality of the suppression of the active legitimacy of the Public Administration in administrative improbity lawsuits, resulting from the reform of the Administrative Improbity Law (Law 8.429/1992). This is a study carried out under the methodology of bibliographic review, using as source laws and jurisprudential research, as well as literary works, periodicals, academic productions and articles on electronic sites of recognized legal content. It begins with the approach of Brazilian federative model concepts, followed by the listing and definition of administrative principles pertinent to the subject, proceeding with the presentation of concepts of the Law of Administrative Improbity and ending with the presentation of the position of the Federal Supreme Court on the theme. In the end, it concludes with the analysis of the concepts raised and the author's position regarding unconstitutionality.Item Trabalho decente no Brasil: os objetivos de desenvolvimento sustentável da ONU nº 8 e o caso empregados da fábrica de fogos de Santo Antônio de Jesus e seus familiares VS. Brasil(Centro Universitário do Estado do Pará, 2022) Pinto, Camila Brito; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216This study aims to present the need for greater action by Labour Inspection in Brazil and the need for its strengthening to ensure decent work. It is an analysis based on the Sustainable Development Goals (SDGs) of the United Nations (UN), especially SDG 8, which promotes decent work and economic growth; and the case of the employees of the Santo Antônio de Jesus fireworks factory and their families vs. Brazil of the Inter-American Court of Human Rights, which discusses degrading working conditions and slave-like conditions, justifying the violation of decent work. For the elaboration of this article, a bibliographical research was used based on several authors who deal with the subject in order to build a theoretical referential that presents as theme the Decent Work in Brazil, as well as, to seek a new critical and flexible look in order to provide answers that guide workers, to know which are the fundamental rights of the worker guaranteed and instituted by the Federal Constitution of 1988, Labor Law and International Norms of Work Protection.Item Parâmetros de responsabilização estabelecidos pelo SIDH frente às violações dos direitos humanos no caso do rompimento da barragem de Fundão, em Minas Gerais(Centro Universitário do Estado do Pará, 2022) Magno, David Antônio Vergolino; Souza, Felipe dos Santos; Neves, Rafaela teixeira SenaThe failure that occurred in the Fundão Dam, Minas Gerais, was a calamity associated with the mineral business of which Brazil has never experienced before. It stands as one of the greatest examples of Human Rights violations in the country, made worse by the State’s leniency. This research approaches to apply the IACHR’s understanding on the concrete case. Using REDESCA’s 2019 inform as basis for the thesis, as well as factual and academic research, it was concluded that both the State of Brazil as well as the businesses involved in the tragedy directly disrespected the inter american understanding regarding the duty of both parties to assure and protect Human Rights, before and after the dam’s failure.Item Crimes virtuais: uma análise do delito estelionato virtual(Centro Universitário do Estado do Pará, 2022) Castro, Diego Moreira da Silva; Saife, Enzo Serruya; Souza, Luciana Correa; http://lattes.cnpq.br/0993067012377712This article aims to examine the increase of larceny crimes through virtual means and how criminal law has been absent in keeping up with the modernization of this offense. In the scope of the methodological aspects, from a bibliographic and documental survey, the first section will analyze the advances in technology and conformity with the existing criminal risks within the internet. Then, the crime of larceny itself and its application through virtual means will be analyzed, in a first moment, briefly, relating it to the critical criminological knowledge, in order to provide a theoretical substrate for the discussion. Subsequently, in the third section, an examination will be made of the increase in the use of technological means by society in conjunction with the analysis of the increase in crimes of virtual larceny, and how criminal law has been absent in the application of sanctions for this offense. As well as, pointing out possible flaws and gaps in its construction along its formulation. Thus, we will try to answer the following research problem: How and what are the difficulties that Criminal Law encounters in combating the crime of larceny committed in the virtual environment?Item O uso da energia solar fotovoltaica e o pagamento por serviços ambientais(Centro Universitário do Estado do Pará, 2022) Oliveira, Eduardo Couto Santos de; Azevedo, Sara da Silva; Ferreira, Luciano Cavalcante de Souza; http://lattes.cnpq.br/5475231517227221This research analyzes the production and use of photovoltaic solar energy and the transition period regarding the time of payment of tariff components levied on the amount of surplus energy transferred to the local distributor provided for in Law 14.300/2022, under the prism of Law 14.119/ 2021, and thus identify it as a payment for environmental services (PES) policy. In view of this, we seek to conceptualize sustainability and its dimensions and explain the PES modalities, demonstrating its importance as a necessary public policy for the construction of a sustainable society. From this, it will be demonstrated that the installation of photovoltaic panels for transforming sunlight into electricity is a sustainable practice beneficial to the environment, and for this reason it should be considered as an environmental service capable of providing some type of payment to its user.Item O direito e os animais não-humanos: o status jurídico como sujeitos de direitos no ordenamento jurídico brasileiro(Centro Universitário do Estado do Pará, 2022) Borges, Esther Benchaya Pinto; Matos, Pâmela Brasil Machado de Souza; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660This article aims to analyze the current position of non-human animals within the National Legal Order regarding the possibility of them being included in a new legal condition as Subjects of Rights, breaking with the civilist panorama that classifies the animals as things. In this way, we seek to clarify whether it is possible to confer the condition of subjects of rights to non-human animals. In the elaboration of the present study, theoretical research will be carried out through the inductive method, through specialized doctrine. The article is divided into three main points, consecutively, the autonomy of Animal Law in relation to Environmental Law, speciesism and anthropocentric and biocentric/ecocentric thoughts, and finally, what represents the legal personality to non-human animals. Thus, we will defend that sentient animals should be holders of rights and duties.Item A abordagem policial e a fundada suspeita no crime de tráfico de drogas: uma análise do comportamento dos agentes da Polícia Militar do Estado do Pará(Centro Universitário do Estado do Pará, 2022) NOBRE, Flávio Gabriel Dias; Teixeira, Yuri Ygor Serra; ttp://lattes.cnpq.br/3463010845223386This article seeks to reveal how the Military Police acts on attitudes that are considered “suspicious”, regarding drug trafficking crimes. This study demonstrates how the concept of well-founded suspicion set a precedent for a problematic action by the military police, given the institution is covered upon discretion, which guarantees, in face of the exercise of its function, a very questionable power of choice when analyzed by a more critical bias. In practice, the true effect of using an undefined legal term such as "suspicious attitude" and how it interferes in the criminalization process of certain subjects who are considered by the State as “undesirable individuals”, or who has the identity of a being deviant. The study was built through a qualitative method, anchoring itself in a vast theoretical, doctrinal and legislative apparatus.Item O novo regime das app urbanas: uma análise da inconstitucionalidade da Lei n. 14.285/2021(Centro Universitário do Estado do Pará, 2023) Lima, Filipe Augusto de Oliveira; Nunes, Sollano Vithor Sampaio; Brito, Luis Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544The present work intends to carry out an analysis of the Permanent Preservation Areas (APP), their importance for the protection of water resources and also for the balance of the environment. In addition, it seeks to discuss the issue of unconstitutionality present in law nº 14.285/21, since, with its advent, it presented changes with regard to the legislative competence of the APP in consolidated urban space and the delimitation of its marginal course strips of water, giving the municipalities powers that relativize such limits, which were once the exclusive competence of the Federal Union. In this perspective, respecting what is exposed in the Federal Constitution of 1988, the work will continue to present: The concept of APP and who is competent to define them, then it will move on to a historical analysis referring to the APP and the Brazilian Forest Code, then , will address the advent of law 14.285/21 and its applicability characteristics and, finally, will discuss the reason why it makes the new legislation unconstitutional by confronting our magna carta. The research methodology was used, since books by renowned authors, consolidated jurisprudence, the Federal Constitution of Brazil and articles that address the subject in question were used.Item Territorialidade e identidade: os impactos de grandes empreendimentos aos povos indígenas frente à convenção 169 da OIT(Centro Universitário do Estado do Pará, 2022) Freitas , Caio Rodrigues; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660Indigenous peoples, since the beginning, mobilize in search of the guarantee of their main rights, among them the right to the territory. For this reason, the present work aims to demonstrate how large enterprises impact on indigenous peoples, considering the dictates of Convention 169 of the ILO. For that, it used the methodology of deductive research, based on qualitative and descriptive analysis, using bibliographical and documental research as technical procedures. From this, it is observed that the relationship between indigenous peoples and their lands occurs in a different way than imposed by the capitalist and European system, which represents a great challenge in view of the consolidation and guarantee of human rights of this group.Item A criminologia de Lilith: teoria de gênero e a questão da capacidade da mulher para delinquir(Centro Universitário do Estado do Pará, 2023) Pípolos, Lila Fernandes Bastos; Farias, Klelton Mamed de; http://lattes.cnpq.br/5520066652510124The purpose of this article is to analyze female criminality from the perspective of gender theory, pursuing to demonstrate the differences and specificities of female behavior within criminality. For this, the work will use a historical approach on the construction of gender ideology and its cultural incorporation in the criminological sciences, in order to understand the importance of deconstructing gender paradigms in the transformation of the construction and application of law. Then, the connection of the theme with the Jewish Christian culture will be elaborated, emphasizing the important role of religion in the formation of customs. Then the text exposes the theory of the psychoanalyst Jacques Lacan associated with the conception of gender of the philosopher Simone Beauvoir, demonstrating the main reasons for the suppression and disinterest in the study of women as a lawbreaker. It is concluded that the study of women as the central character of crime, analyzing the particularities of the modus operandi and the mechanism of gender-specific power relations are essential for a critical understanding of female crime.Item A aplicação dos instrumentos de compensação socioambiental no contexto da mineração na Amazônia(Centro Universitário do Estado do Pará, 2022) Penna , Gabriel Neno Silva; Brito, Luis Antonio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544This article develops a research about the current socio-environmental compensation instruments in Brazilian legislation, observing the way they can be applied in the context of mining in the Amazon. In this sense, a study is carried out on the history, main characteristics, the exploration process, the supply chain, the socioeconomic relevance and the main social and environmental implications of this activity in the Amazon, combined with a study of the socio environmental compensation instruments. Thus, the research carries out, based on these studies, an investigation into the adequacy and importance of this institute for a more responsible conduction of mining in the Amazon, in addition to the practical legal representation that it assumes, in general, in the context of Environmental Law. For this, a qualitative analysis of paradigmatic bibliographical references of the discussion is carried out.Item O perigo da manipulação de dados em massa nas redes sociais e o compliance como mecanismo de segurança(Centro Universitário do Estado do Pará, 2022) Rosa Filho, Antônio José Vasconcelos da; Ramalho, Amanda Maia; http://lattes.cnpq.br/5447190229339912This research performs a theoretical study on the danger of mass data manipulation in social networks. In the context raised, it evaluates the basic concepts of Personal Data Protection, and which risks they are subject to when they pass through the scope of the private business sector, in a non-exhaustive analysis of the subject. It seeks, from this point of view, to list compliance as a security mechanism, raising the main tools of a Compliance Program to demonstrate its indispensability in the self-regulation of social network management companies, helping legitimized bodies such as the National Data Protection Authority. The basis for the work is mostly legal, with the General Data Protection Law, the General Data Protection Regulation of the European Union, authors in the area and bibliographic research as guides.Item A importância da linguagem corporal dos acusados como meio de prova para o convencimento do juiz(Centro Universitário do Estado do Pará, 2023) Souza, Susane Cristina Silva de; Farias, Klelton Mamed de; Farias; http://lattes.cnpq.br/5520066652510124When we talk about means of proof, testimonials quickly come to mind, material obtained by forensics, images from cameras in establishments, cell phone recordings, etc., all of this came through innovations in the judiciary over the years, being a way to improve their means of proof and as a way to reduce the percentage of doubts in cases, Today the processes are online and we don't have to flip through countless pages, we have a wide variety of artifacts that can be used so that each party in the process can prove the veracity of what it defends, but couldn't all this innovation be even greater? If we insert one more means of proof in the legal system, the probability of the magistrate having doubts about the sentence to be given would be smaller, and instead of analyzing external objects, why not analyze the accused himself? Therefore, this paper suggests the implementation of body language as a means of evidence. Body language is present in everything we do, whether consciously or not, but it is always possible that someone is saying something different from what he really thinks, so our body gives us away, something that may go unnoticed to the naked eye, but that to the eyes of an expert in body language would be able to identify perfectly.