Programa de Pós-Graduação em Direito e Desenvolvimento na Amazônia - PPGDDA/ICJ
URI Permanente desta comunidadehttps://repositorio.ufpa.br/handle/2011/16118
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Navegando Programa de Pós-Graduação em Direito e Desenvolvimento na Amazônia - PPGDDA/ICJ por Orientadores "ATHIAS, Arianne Brito Cal"
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Item Acesso aberto (Open Access) Normatização da aplicação de precedentes judiciais vinculantes no processo administrativo tributário do estado do Pará(Universidade Federal do Pará, 2023-03-03) FERREIRA, Elter Paulo; ATHIAS, Arianne Brito Cal; http://lattes.cnpq.br/6023617951593913; https://orcid.org/0000-0002-2887-1989The present work aims to standardize the application of binding judicial decision-making stand-ards in the tax administrative process in Pará. In this sense, an ordinary bill was proposed, which seeks to improve State Law n. 6,182/1998, to guarantee the observance of mandatory judicial precedents, with respect to equality and legal certainty. The research problem is how can the tax legislation of the State of Pará implement the system of precedents within the Tax Administrative Process to ensure greater legal certainty and equal-ity? The objective is to propose the amendment of Law n. 6.182/1998 in order to develop the application of mandatory precedents in the scope of the tax administrative process in Pará. The investigation had an exploratory objective, qualitative approach, applied nature, deductive method, bibliographical and documental research. The aforementioned bill of law seeks to (1) allow Tax Administration spontaneously apply binding judicial standards, with the support of the State Attorney General's Office; (2) insert an express provision for the application of judicial standards by the Judgment of First Instance of administrative tax litigation in Pará; (3) fix word-ing error. The first chapter presents the introduction of the research, presents the problem, jus-tification, objectives and analysis of articulation with professional practice. The second chapter presents the methodology used in the research, which culminated in the bill, whose draft appears in the third chapter. The justification for the proposed law and the technical note, which ana-lyzes the legality of this proposition, are found in chapters four and five, respectively. In the last chapter, the sixth, the final considerations are made.Item Acesso aberto (Open Access) As parcerias público-privadas como alternativa para provisão de infraestrutura no Pará: projeto regulatório voltado à atuação institucional do estado do Pará na estruturação de projetos(Universidade Federal do Pará, 2023-06-27) PEREIRA, Jobson de Oliveira; ATHIAS, Arianne Brito Cal; http://lattes.cnpq.br/6023617951593913; https://orcid.org/0000-0002-2887-1989This work aims to contribute with proposals for projects aimed at regulating the structuring of PPP projects in Pará. Therefore, it is organized into three main parts. The first part is dedicated to knowing the contractual model of PPPs in the light of Brazilian legislation, with an outline of concepts, modalities, its advantages compared to the traditional contracting regime, characteristics, stages of project structuring and its critical factors. The second part presents the context of the structuring of PPP projects in Pará. The third and last part contains the formulation of proposals for regulatory projects, where the arguments that justify and explain them are exposed, in compliance with art. 3, III, of Resolution No. 01 – PPGDDA, of April 7, 2021. Through the quantitative approach, the dimensioning of PPP projects nationwide was obtained, especially in Pará; while the qualitative approach provided an understanding of the dynamics of institutional relations in Pará - at the level of bodies and collegiate bodies - with legal attributions related to the structuring of PPP projects. Bibliographical research on the literature produced by other researchers around the structuring of PPP projects, in addition to the successful practices of Member States, provided subsidies so that it was possible to conjecture standardization propositions. The project proposals had as a reference the standardization of the States of São Paulo, Minas Gerais and Bahia and, from the formal point of view, they were produced observing the guidelines contained in the Manual for the Preparation of Drafts of Normative Acts of the Attorney General's Office of the State of Pará and in the national Complementary Law.