Programa de Pós-Graduação em Direito - PPGD/ICJ
URI Permanente desta comunidadehttps://repositorio.ufpa.br/handle/2011/3417
O Programa de Pós-Graduação em Direito (PPGD) iniciou suas atividades em 1984 e integra o Instituto de Ciências Jurídicas (ICJ) da Universidade Federal do Pará (UFPA), que, por sua vez, se originou da Faculdade Livre de Direito do Pará, uma das mais antigas do país, fundada em 1902.
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Item Acesso aberto (Open Access) Projeto de assentamento Paiol: um estudo de caso à luz do cumprimento da função socioambiental da propriedade em Cáceres-MT(Universidade Federal do Pará, 2016-05-17) FERNANDEZ, Rose Kelly dos Santos Martínez; ALBUQUERQUE, Marcos Prado de; http://lattes.cnpq.br/6708762243635100Rural properties play a fundamental role in the economic and social relations of the country, even though they are concentrated in the hands of a few owners. The Agrarian Reform seeks to reverse this situation through land expropriation. The legal regulations of land ownership has its mainstay in the Magna Carta 1988, given that the social function integrates the own property rights. That is, the social function underlies inside the property right, it even determines its content. Thus, to examine the rules governing the rural land productivity the constitutional system should be considered as a whole. Therefore, the Constitution authorizes the compatibility from the provisions of articles 184, 185, II, and 186, combining the contents of productive property with the social function considering the legal regime of land ownership, the rationale and objectives of the Federative Republic of Brazil, the model of Democratic Rule of Law, fundamental rights, the principle of human dignity as well as, the indispensability of execution of agrarian reform. Besides that, it is perfectly possible to harmonize, yet with the discipline of environmental sustainability. In this sense, constitutional interpretation leads to the conclusion that the elements that integrate the social function of land ownership, namely, the economic, environmental and labor are part of the concept of productive property.Item Acesso aberto (Open Access) Responsabilidade ambiental nas queimadas urbanas no município de Cáceres-MT(Universidade Federal do Pará, 2016-12-21) HORN, Marcelo Geraldo Coutinho; ALBUQUERQUE, Marcos Prado de; http://lattes.cnpq.br/6708762243635100The environment is characterized as a space to be inhabited by society, with quality of life and dignity, since it is a constitutional and legal guarantee. Environmental law is a right that crosses borders, everyone’s right, because the consequences of environmental damage represent problems that will reflect in any local, regional, and global community. The fires have been highlighting over the years as one of the main environmental problems in Brazil and the State of Mato Grosso, by the number of outbreaks and by the emissions of gases that have affected the environment and the human health. Thus, the present work seeks to analyze the environmental legislation regarding fires, the criminalization, accountability of the polluter and judicial decisions, as well as the role of educational actions and the overcoming of fires in the context of Sustainable Cities. Responsibility is the mechanism that seeks to assign to those who engage in activities that pose a risk to someone or that is potentially polluting, imputing to the polluter the consequences for the damages caused. To the environmental responsibility it is also designated the assumption of restraining the damage and protecting the rights of the victim and safeguarding the right of the collectivity. The analysis of environmental responsibility for fires, makes it possible to ascertain the legal aspects intrinsic to the occurrence and criminalization of environmental damage, judicial decisions and possibilities for reparation, which aim to provide elements for appreciation by serving as examples to curb the burning and to support new studies and decisions. To contextualize the role of social actors involved in the process, the importance of public power, in the surveillance and enforcement of environmental law and the responsibility of the actors. Thus, the present work is justified in order to describe the legal aspects from the point of view of environmental law, concerning the practice of burning and its implications for the individual and the society, seeking a reflection to raise awareness of society on the subject.Item Acesso aberto (Open Access) A sustentabilidade e seu caráter fundamental à luz do pensamento Marxista(Universidade Federal do Pará, 2016-09-02) SILVA, Kézia Barbosa da; ALBUQUERQUE, Marcos Prado de; http://lattes.cnpq.br/6708762243635100The research aims at the analysis of sustainability and is fundamental character in Brazilian law in the light of Marxixt thought, focusing on anthopocentrism paradigms, ecocentrism and sustainnability-centrism. To this end, we use the bibliographical research and the method of content analysis, takin as reference the Marxixt thought jOHN bELLAMY Foster Constitution and infra-constitutional laws. We analyzed the correlation of sustentainability with the principle of human dignity, with the constitucional principle of the anthropocentrism, ecocentrism and sustaincentrism paradigms, the the analysis of perpective, that demonstrates the effects of the capitalist mode of production inthe relationship man-nature, we suggest the need to reflect about sustainability inthe current minimize the alienation of man from nature.