Dissertações em Direito (Mestrado) - PPGD/ICJ
URI Permanente para esta coleçãohttps://repositorio.ufpa.br/handle/2011/3418
O Mestrado Acadêmico em Direito pertence ao Programa de Pós-Graduação em Direito (PPGD) do Instituto de Ciências Jurídicas (ICJ) da Universidade Federal do Pará (UFPA). Em 1984, foi reconhecido pela CAPES o Curso de Mestrado em Direito Público. Em 1987, o PPGD passou por um processo de reformas, que deram origem a duas Áreas de Concentração: Instituições Jurídico-Políticas e Instituições Jurídicas e Sociais na Amazônia. Atualmente, o Programa oferta cursos de Mestrado Acadêmico e Doutorado (único da área de Direito na Amazônia), e se estrutura em torno de uma única Área de Concentração: Direitos Humanos. Possui cinco Linhas de Pesquisa: Constitucionalismo, Políticas Públicas e Direitos Humanos; Direitos fundamentais: concretização e garantias; Direitos Fundamentais e Meio Ambiente; Estudos Críticos do Direito; Sistema penal e Direitos Humanos. Sua missão é formar profissionais que, compreendendo a realidade local, rica em recursos, mas ainda com baixos índices de desenvolvimento econômico e social, trabalhem para transformá-la. Para isso, objetiva ofertar sólida formação teórica, aliada à competência política e social.
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Item Acesso aberto (Open Access) Aborto, sexualidade e direitos humanos em escritos do Judiciário(Universidade Federal do Pará, 2011) SOUZA, Estella Libardi de; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048Based on the fundamental principles provided by the Human Rights - equality, freedom and respect for human dignity – this paper discusses women's right to abortion. It examines how, in recent decades, the demand for the legalization of abortion was established as a right to abortion, especially by the feminist movement in the context of social struggles in Brazil, and how this right was inserted into the speech of Human Rights, from the theoretical formulation and normative construction of sexual and reproductive rights. Contextualizes the denial of women's right to abortion in the context of gender norms and regulations about sexuality. Discusses the possibility of recognition of this right by the Brazilian judiciary, by analyzing processes on abortion in Belém (PA) and judgments of the superior courts relating to claims for judicial authorization for termination of pregnancy in cases of severe fetal anomalies. The examination of the legal practice of abortion in Brazil reveals that the judiciary is a battlefield in which the right to abortion is still in dispute.Item Acesso aberto (Open Access) A ambição dos Pariwat: consulta prévia e conflito socioambiental(Universidade Federal do Pará, 2016-07-12) OLIVEIRA, Rodrigo Magalhães de; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048This paper discusses the situational application of the right of free, prior and informed consultation the different ethnic groups in contexts of social and environmental conflicts produced by projects characterized by intense exploitation of territories and natural resources. The dissertation is located in the interdisciplinary field of Legal Anthropology, whose theoretical and methodological contributions help in the understanding of the uses of law, in addition to legal-centered approaches concerned with compliance / non-compliance with state law. Social and environmental conflict, legal sensitivity, legal pluralism and interlegality are the fundamental categories of analysis. Through ethnography of social and environmental conflict surrounding the Hydroelectric Plant São Luiz do Tapajós project, i seek to show that the federal government and the indigenous people Munduruku have differing legal sensibilities about the situational application of prior consultation. The government's legal sensibility and munduruku legal sensisibility adjust to a broader dispute in which different agents compete to regulate ethnic rights globally. The work shows how human rights may be appropriate creatively by ethnically differentiated groups to strengthen their political struggles.Item Acesso aberto (Open Access) Direitos humanos dos indígenas crianças: perspectivas para a construção da doutrina da proteção plural(Universidade Federal do Pará, 2012) OLIVEIRA, Assis da Costa; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048This study discusses the possibilities of inclusion the indigenous children in the juridical field of Human Rights. From the criticism of the way in which the childhood is constituted in the West and the perception of different conditions of social construction of the person, body and childhood among indigenous peoples, it produces indicative of problematization of the agenda of intercultural human rights in order to signal the relevance of the category person as the functional equivalent in intercultural dialogue to support of axiological inversion of indigenous children for children indigenous and possible repercussions of their rights. Afterwards, analysis of the political philosophies that ground the administration and the rights of children, with special highlight to the questioning of the limits of the Doctrine of Integral Protection regarding the treatment of cultural diversity, and propose complementary political philosophy called Doctrine of Plural Protection, founded on the principle of self-determination of the indigenous peoples and the values of equality, difference and protagonism. Discuss the trajectory of insertion of the debate about indigenous children in the Child and Adolescent Statutes (Law No. 8.069/1990), with specific considerations for Draft Bill No 295/2009, which seek to reflect on critical themes little discussed in the perspective of indigenous peoples and expansion necessary for children from the traditional peoples and communities.Item Acesso aberto (Open Access) Direitos humanos, tráfico de pessoas e exploração sexual de mulheres, em Belém-Pará-Brasil(Universidade Federal do Pará, 2010-12-20) SMITH, Andreza do Socorro Pantoja de Oliveira; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048The trafficking in persons is a contemporary form of freedom constraint and intensively affects lives of women, as victims of this crime of human rights violation. To address this problem the international community adopted the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. The Master’ degree thesis works with several trafficking in persons’ concept in international and national standards, giving evidence to their underlying concerns. It establishes a comparative study to verify the compliance of the first to the second standard, analyzing the domestic law and the international protocol. It is presented the relevant links between migration and trafficking in persons indicating the several form of traffickers´ action in different places of the world and, particularly in Belém – Pará – Brazil, where as pest the trafficking infests the gardens in which the path of trafficked women (known as flowers) report their experiences that reveal violation of human rights to freedom, since they were victims of trafficking for sexual exploitation. It indicates possible directions to combat the trafficking of women for sexual exploitation, since its analysis noted that the domestic law is insufficient to punish the mentioned crime. It testifies that the combating of trafficking in persons in Amazon Region will be effective if it is established under a domestic law in accordance to international Protocol and, especially, under public policies that guarantee human rights for women.Item Acesso aberto (Open Access) Educação escolar Kyikatêjê: novos caminhos para aprender e ensinar(Universidade Federal do Pará, 2010-05-19) FERNANDES, Rosani de Fatima; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048Traditional formal education for Indigenous people historically serve colonial interests of integration and assimilation of a hegemonic society. Thanks to Indigenous leadership protagonism and legal achievements based on 1998 Federal Constitution, the National Education Law (LDB – Lei 9.394/96) and the International Labour Organisation (ILO) 169 Convention, the Indigenous School became a priveleged and strategic intercultural dialogue arena where traditional knowledge and other types of knowledge come together for the training of tecnhical and political members of the movement. In the dissertation, presents the historical trajectory of Kyikatêjê people, since the current state of Maranhão until the Indigenous Mãe Maria Reserve, in the Southeast region of the State of Pará. In this thesis, research takes into consideration the appropriation of school education rights by the Kyikatêjê People who in the exercise of their selfdetermination build in the school arena their school education as instrument of a sttrugle against the denial of their rights. The study contextualizes the strategy of the leadership and their associates in facing a daily sttrugle to garantee their rights to education at all levels according to their needs to train individuals to defend and promote Indigenous Peoples rights to land, education, health and economic sustainability. Such strategies relate to their effort to implement and maintain Kyikatêjê identity.Item Acesso aberto (Open Access) Indígenas e quilombolas icamiabas em situação de violência: rompendo fronteiras em busca de direitos(Universidade Federal do Pará, 2015-04-17) ALEIXO, Mariah Torres; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048This paper tries to understand the situations of violence that indigenous and quilombolas women have faced in their interpersonal relationships and the strategies that they use to support or resist. This dissertation has as empirical base interviews and informal conversations with six indians from four different ethnic groups in the state of Pará and five quilombolas from two quilombola communities, also from Pará. The theoretic contributions are studies on human rights and legal pluralism in the law area, and feminism, gender and diversity in the anthropology area. The protagonists faces violence involving many forms of differentiation, like gender, race/color, ethnicity, class, religion. They have a lot of confront strategies, making more or less use of state law (Maria da Penha Law) in conflict resolution.Item Acesso aberto (Open Access) Luta por direitos: estudo sobre a Associação Indígena Tembé de Santa Maria do Pará (AITESAMPA)(Universidade Federal do Pará, 2013) FERNANDES, Edimar Antonio; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048The obstacles faced by the indigenous people in Brazil to enforce the rights they were granted with in the Federal Constitution of 1988 are of great effort, especially to the indigenous associations, which are an important tool in the fight for the rise of the ethnic rights, shaped like the non-indigenous organizations, they seek to develop projects that include the demand for affirmation of ethnic identities in the communities and represent the indigenous people in external and internal negotiations, contributing for the making of the autonomy and self-determination of the indigenous population. The Associação Indígena Tembé de Santa Maria do Pará (AITESAMPA) is an association that congregates the indigenous group Tembé, known as “from Santa Maria” (Northeast of Pará state), they fight for identity recognition and for the demarcation of lands, as since the 19th century, they were chased away from their lands and forced to make undesired displacements, until they established in the territory known today as the city of Santa Maria. This study is focused on the performance of the referred association, from the relevance of the social and ethnic “projects” that allow the reinforcement of the Tembé identity. In this research I analyze the strategies that were made, via “projects” developed by the Association to promote the defense of indigenous rights and the dialogue with the Brazilian State and the non-indigenous societies, that don’t accept them, especially because they are “unknown” in the ethnological literature that addresses the Tembé in the High Guamá River. The research develops itself from the indigenous narratives and follows the social movement.Item Acesso aberto (Open Access) Políticas afirmativas, educação e escolas públicas: uma análise sobre o sistema de cotas - Caso UFPA(Universidade Federal do Pará, 2018-04-10) SILVA, Carlos Fernando Cruz da; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048The present research discusses the affirmative actions instituted at the Federal University of Pará, in the modality quotas for undergraduate courses, destined to students who attended high school in institutions of the educational public network. The investigation is based on different studies on inequality and social exclusion of authors such as: Boaventura de Souza Santos, Amartya Sen, Ingrid Robeyns and Zélia Amador de Deus. It is also supported by studies on education and educational systems developed by Jan Masschelein, Marteen Simons, Dermeval Saviani, Pierre Bourdieu and Jean-Claude Passeron, apart from the critical thinking of Michel Foucault. Social inequality, social exclusion, substantive liberties, device and reproduction were frequently used as analytical categories during the development of the research. During the study, questions about the dynamics of transition from high school to higher education through affirmative action policies are inserted, focusing on the situation of public schools coordinated by institutions of the National Armed Forces. The hypothesis is that school, administrative and non-administrative practices developed in this space, in part, have repercussions on the quota policy instituted at the Federal University of Pará. From the proposed problem, it is intended to open space for academic discussion about the transition process to higher education in the contemporary Brazilian educational system, which can be directed to other institutions and other specific contexts.Item Acesso aberto (Open Access) Povos indígenas & diásporas leituras sobre deslocamentos forçados no Relatório Figueiredo(Universidade Federal do Pará, 2021-02-25) FERREIRA, Bianca Monteiro Porto da Cunha; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048; https://orcid.org/0000-0003-2113-043XThis study aims to analyze the cases of forced displacement of indigenous peoples registered in Relatório Figueiredo (RF), a document stemmed from investigations carried out by Comissão de Inquérito Administrativo in 1967, instituted by determination of Ministério do Interior and chaired by Jader de Figueiredo Correia – who names the document. The purpose of the inquiry commission was to investigate administrative deviations in the performance of SPI – Serviço de Proteção aos Indios – an indigenous body. Among other issues, the RF reports, the forced displacement of indigenous groups from their territories, processes involving the use of physical violence, torture and, at times, the extermination of entire groups. These involuntary movements are understood as diasporic experiences, considering that in addition to the loss of land (totally or partially), the forced displacements have led to the spreading and death of indigenous groups, disaggregation of families and precariousness of living conditions – effects which are still resented now a days by the people who have undergone such experiences. The ensuing reflection was based on the analysis of the seven thousand pages of the RF, distributed in thirty volumes, on the hearing of collected materials from the investigation by Comissão de Inquérito Administrativo, service orders, internal bulletins, meeting minutes, lease agreements, among other types of documents, from where the diasporic categories referring to forced displacement were taken. It is argued that the with drawal of the indigenous people from their lands consisted of State policy with the aim of promoting the liberation of areas for the purpose of economic exploitation, favoring local and regional elites, with the acquiescence of the SPI. The policy of forced displacement – of genocidal nature – hasits roots in the processes of coloniality, which seek to racialize human groups, forging hierarchies between whites and non-whites, in such way that out of a shallow perception of body features, one would automatically be able to identify a specific people or social group as inferior, thus promoting the dehumanization of these individuals. It is concluded, therefore, that despite the genocidal potential of the forced displacement policy– once the territorial issue is at the heart of all violations of the rights of indigenous peoples – these populations, over the years, have remained in struggle and overcoming attempts to obliterate their lives, their communities and their history.