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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Agora exibindo 1 - 12 de 12

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A atuação do Ministério Público diante do conflito entre o direito à moradia e o direito ao meio ambiente, nas áreas de Preservação Permanente Urbanas em Cáceres-MT
(Universidade Federal do Pará, 2016-06-17) SALDANHA, Evely Bocardi de Miranda; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
The present paper analyses the proceedings of the Public Prosecutor's Office towards the conflict between the right to housing and the right to an ecologically balanced environment in the case of the occupation of the Empa neighborhood, in the city of Cáceres in Mato Grosso, an urban area of permanent preservation. Due to the housing deficit and the shortage of urban planning, the low-income population is forced to irregularly occupy peripheral locations of minor importance and of less value in the city, areas of risk or of environmental preservation, where they live and survive without basic conditions of sanitation or infrastructure. Consequently it is necessary that Public Authorities develop policies of urban development to facilitate access to decent and adequate housing, in a balanced and preserved urban environment for present and future generations, ensuring the full development of the social functions of the city, the well-being and healthy quality of life of its inhabitants, since the right to housing and to an ecologically balanced environment are inherent and essential to every human being in order to ensure an adequate standard of living. For such, the Public Prosecutor's Office is a key character in the supervision and implementation of public policies that guarantee the rights to the city to its inhabitants. Therefore, it’s a case study of the occupation process, municipal urbanization, particularly in the Empa neighborhood and the challenges faced in order to achieve the right to the city.
Acesso aberto (Open Access)
O conjunto arquitetônico, paisagístico e urbanístico: o tombamento de Cáceres-MT
(Universidade Federal do Pará, 2016-06-17) MATOS, Elzira dos Santos; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
The present dissertation has as purpose the analysis of legislation having the Architectural, Urban and Landscape of Cáceres-MT and the actions taken for its preservation and conservation of the public prosecutor, after its listing, beyond those specified in the Civil Investigation conducted by State and Federal Prosecutors. To fulfill the goal of this dissertation, beyond those specified in the Civil Investigation conducted by State and Federal Prosecutors, examined. The problem developed in order to answer the following questions: What are the actions specified in the Civil Investigation conducted by State and Federal Prosecutors for preservation and protection of the Architectural, Urban and Landscape of Cáceres-MT? What are the actions established by the Prosecutor's Office for preservation and protection of the Architectural, Urban and Landscape of Cáceres-MT, after your listing? Although the listing been effected in local, State and federal spheres, much to be done, continue the demolitions and abandonment of buildings by the owners and little oversight of municipal and State Government. One can see that the sphere of municipal, State and federal preservation order did not change the conservation of architectural and Urban Landscape Set of Cáceres-MT long. It is expected for public policies for conducting effective surveillance, and actions such as the physical recovery of the properties listed to be held by municipal and State powers, but, above all, heritage education to residents and local merchants listed, as well as the entire population about the historical and cultural formation of the municipality, for the effective preservation. It is believed the tipping as fundamental tool for the preservation of memory and brazilian culture, whose socio-economic changes are important and should be included, but the preservation is the fundamental object of tipping.
Acesso aberto (Open Access)
Direito à moradia: análise do Projeto Moradia Cidadã em Concórdia do Pará
(Universidade Federal do Pará, 2014-08-19) OUTEIRO, Gabriel Moraes de; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
This dissertation deals with the right to housing, while guiding directive to perform regularization policies, using for this purpose, the concept of equal capabilities and functionings of Amartya Sen, which gives theoretical basis to justify the normative force of the right to housing. The dissertation analyzes the Citizen Housing Project in Concórdia do Pará and favors the approach which comprises decent housing as multidimensional, revealing the critical point that the benefits generated by the agrarian regularization project are limited.
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Do Déficit habitacional à moradia digna: um estudo acerca da viabilidade de uma política de locação social no ordenamento jurídico brasileiro
(Universidade Federal do Pará, 2021-09-24) SANTOS, Juliana Coelho dos; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
This research presents a reflection about social lease policy as an access tool to decent housing, taking into account the increase in housing shortage in Brazil over recent few years. The general objective of this research is to analyze whether the creation and promotion of a social lease policy can reduce housing deficit and ensure access to decent housing by low income Brazilian population. For this, it conducts an analysis of current housing situation in Brazil, based on the study of housing shortage phenomenon, highlighting current data along with contrasts and social problems arising from this issue. In the same way, it presents a analyze of decent housing rights, aiming a broad understanding of its concept and structure. It assesses the housing policy model adopted in the country, mainly regarding the measures adopted by the government to address housing demand of the neediest social layer. The study resulted in theoretical finding in regard to implementation and consolidation feasibility of a social lease policy in Brazilian legal system, as a way to face the housing shortage and of access for the low-income population not only to the right to dignified housing, but also to the right to city. The results here presented are expected to contribute on the discussion concerning the urge to adopt social leasing and other alternative measures in social programs for provisioning of home ownership, since it was proved insufficient to ensure decent housing for the low-income population. The methodology used is based on the deductive method and on bibliographic and documental research.
Acesso aberto (Open Access)
Efetividade da função social da propriedade para implementar o uso compulsório dos vazios urbanos em Cáceres
(Universidade Federal do Pará, 2016-06-17) SOUZA, Expedito Figueiredo de; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
This research on the "effectiveness of the social function of property and the actions of government Cacerense at ground control and urban voids" includes the uninhabited areas, unsheltered and located in population density sites, characterized by the existence of also uninhabited and located buildings in areas equipped with collective and individual public services. It aims to analyze the public policy of the City of Caceres, from its Director of Urban Development Plan. In particular, investigate the existence of legal breaks between the rules of national urban policies and the Municipality. Is founded on the command of the Federal Constitution which provides for the mandatory urban land owner of unbuilt, underused or unused, to provide for adequate use, otherwise successively installment, progressive property tax on time and dispossession. As to nature is a qualitative research because it is based on quantitative calculations and descriptive to determine when, how much, where and how the phenomenon of the social function of property occurs within the constitutional assumptions and guidelines set out in the Statute of the City. As for the depth, we analyze the effectiveness of the constitutional principle laid down in the municipal standard, both legal and social, aimed at meeting the fundamental requirements for the ordainment of the city. As for methodology, the study is based on bibliographies, in particular on analyzes of public policy, urban law and Urbanism.
Acesso aberto (Open Access)
Espaço urbano e disputas políticas no campo estatal: uma análise a partir da espacialização de um condomínio de lotes em Belém/PA
(Universidade Federal do Pará, 2015-08-14) PALÁCIOS, João Olegário; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
This dissertation focus on analysing the urban space production of “Condomínio Cristalville”, a gated community of individual property allotments located in Belém, Brazil, in terms of governmentality and political struggles. Historical and dialectical materialism perspective is adopted, highlighting the importance of social actors' action in cities space production. The actors' action is focused in terms of Foucault's concept of governmentality, which expresses the different governmental rationalities adopted in actors' analysis, thoughts and strategies. The different govermental rationalities shock is analyzed inside the state field, through the verification of political struggle among state agents. Field research was made based on property transfer documents, federal and state decrees, maps and satellite images. Research identified that Belém's road system restructuring to unburden the city's centre traffic was decisive to the development of strategies by the entrepreneurs in order to built the gated community. Also, the research concluded that the gated community project presented to the Urbanism City Office was approved without correction of its legal irregularities.
Acesso aberto (Open Access)
Gestão democrática da política urbana: mecanismos participativos na esfera local
(Universidade Federal do Pará, 2010-09-16) SANTOS, José Godofredo Pires dos; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
This paper aims to discuss the democratic management of urban policy. In this context, it is about the evolution of the concept of democracy, especially related to the representative democracy and the participative democracy. For this, it analyzes the wide number of participative instruments which are applicable to urban management, not only those that were established directly by the Federal Constitution, but also those derived from it. Such instruments are constant in the subconstitutional legislation, especially the City Statute. In addition, it analyzes the elaboration process of the Director Plan of Belém, revealing what has gone right and the difficulties about adopting participative mechanisms in the urban universe. According to this, it is relevant to check the relations of power currently in the city, especially concerning the exercise of the local power nowadays, when the globalization has been altering the cities’ profiles. It opens the debate about the range of acting in the local decisionmaking power.
Acesso aberto (Open Access)
O paradoxo hídrico da cidade: uma análise sobre o saneamento da Região Metropolitana e a área de proteção dos mananciais dos Lagos Bolonha e Água Preta
(Universidade Federal do Pará, 2021-11-29) LIMA, Fernando Lourenço Matos; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
This dissertation aims to analyze, from a legal perspective, the legal norms that determine the forms of use of water resources and the new rules established by the new framework of basic sanitation, to know if the rules are consistent with the use and preservation of Bologna and Água Preta springs that are within a conservation unit that does not allow the direct use of natural resources. The territorial delimitation of the study area in the cities of Belém and Ananindeua was carried out because they are bordering cities that shelter and have direct impacts on the area of the springs. In addition, these are the most populous municipalities in the RMB and hold the largest amount of data on basic sanitation. For this purpose, the monographic method of descriptive and qualitative character was used, using the procedure of bibliographical, documentary research, where, based on the investigation, it will analyze whether it is possible to reconcile the rules for the use of water resources and the changes in the new framework of the sanitation, with a view to preserving the Bolonha and Água Preta springs, which are located in an integrally protected conservation unit. The discussion of the project was divided into three parts. In the first one, an assessment was made of the importance and characteristics of lakes Bolonha and Água Preta for the RMB, decomposing the existing normative paradox. In the second part, the historical and legal characteristics of the UCs were studied in order to compare and verify the adequacy of the APA Metropolitana de Belém and the PEUt in relation to Law No. 9,985/2000, which governs territorially protected spaces. In the third, the possibility of operationalizing the new sanitation framework for the use of the Bolonha and Água Preta springs in the area of an Integral Protection Conservation Unit was interpreted. As a result of the research, it was concluded that there is a normative paradox with disparate laws for the same socio-territorial space that are compatible with the water supply in the region, but are incompatible with the new legal framework for sanitation.
Acesso aberto (Open Access)
O planejamento urbano integrado e a atuação da Companhia de Desenvolvimento e Administração da Área Metropolitana de Belém na Região Metropolitana de Belém
(Universidade Federal do Pará, 2022-10-19) LEAL, Érica Pinheiro de Albuquerque; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
This dissertation deals with the process of institutionalization of urban planning in Brazil, in the Metropolitan Region of Belém and, mainly, in the city of Belém. The object of the research is the performance of the Development and Administration Company of the Metropolitan Area of Belém in this process, from 1970 to 1990. The objective of the research is to investigate to what extent the company, an institution created to provide technical assistance and execution of metropolitan urban planning, assumed responsibilities in planning in the regional scenario and what roles it played in the local scenario. Despite the mixed capital company having collaborated with the implementation of the interdisciplinary methodology in the elaboration of plans, its performance was diversified during the years of the 1970s and 1980s. For this, it was necessary to contextualize the institutionalization of urban planning in Brazil and in the Metropolitan Region of Belém, with the identification of the origin and the historical context of insertion of the plans in an integrative way, to carry out the analysis of the importance of CODEM in the development of plans. integrative and in the function of executive arm of the council belonging to the State Planning System. From the presentation of changes with a reformist profile due to political and institutional changes to the assumption of technical assistance to the municipality of Belém. Thus, from the deductive-inductive method, with a qualitative approach and technique of bibliographic research at first to base the analysis of the role of CODEM in the institutionalization of integrated urban planning. Therefore, the question that guided the research was: "What was the role that CODEM played in integrated urban planning in the Metropolitan Region of Belém, in the period from 1970 to 1990?". To answer this question, a documental survey was carried out in a second moment, rescuing the activities and experiences of CODEM's plans and actions in the Metropolitan Region of Belém and in the state capital, through the analysis of the company's annual reports and the messages sent to the Chamber by the City Hall. The examination of this material helped to understand that the exhaustion of urban planning institutions at the federal level and the disruption at the state level were not the only problems faced by CODEM, as it had a result of turning more towards the application of urban policies in the scenario de Belém due to the context of decentralization and administrative flexibility, with the withdrawal of decision-making power from the previous structures.
Acesso aberto (Open Access)
A política urbana na legislação federal face ao conceito de justiça social territorial
(Universidade Federal do Pará, 2015-04-02) OLIVEIRA, Everson Carlos Nascimento; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
This paper makes an analysis on the compatibility of the general guidelines of the Brazilian urban policy, expressed in the Law 10.257 / 01 - Statute of the City, with the territorial social justice theory of David Harvey, making it an essentially theoretical work. The reasons to seek verify the compatibility of the law with Harvey's theory stem from the fact that the Statute has in several articles, among its objectives is to promote social justice in the cities. To carry out his profession, the work is structured as follows. In Section 1 the introduction is made. In it the research objectives are presented, the methodology used and the main authors discussed, as well as the structure of the text. In section 2 is made a discussion on the urban space, their way of production and use of its soil. Section 3 is made a discussion of territorial social justice and national urban policy, especially focusing on the principles of social function of the city and the social function of property, as well as analysis of some legal instruments established by law 10.257/01 e that help check the compatibility. Finally, in section 4 are made the final considerations.
Acesso aberto (Open Access)
Regularização fundiária sustentável como instrumento para o direito à cidade: por uma nova ética urbana à luz de Ronald Dworkin
(Universidade Federal do Pará, 2010-09-21) ALVES, Maria Júlia Almeida da Silva; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
This work make an analyses of the urbanization’s process, which principal characteristic is the economic social and spatial segregation of low-income population, noticeable by the phenomenon of urban periphery experienced by this segment of society. Without ways to formal access to urban land, the low-income population residing in urban areas promotes the illegal occupation of areas that lack or poor infrastructure and urban services, which generally are not required by the formal housing market. The unequal form of urban spaces appropriation is because of the capitalist way of appropriation. In this context of unequality, exclusion, segregation it is insert the issue of illegal occupation of the margins of water courses located in urban areas, which are especially protected by environmental legislation, what lead us to the principal target of this work: the possibility of implementing actions of sustainable land regularization in occupations of social interest, consolidated in urban areas located on the banks of water courses, analyzed as a tool to combat the social-spatial segregation process experienced by the low-income population due to the capitalist production process of urban spaces. To do so since the concrete analyses of two cases it uses the regularization actions as an instrument for achieving the right to sustainable cities, housed in the Brazilian legal in Federal Law No. 10.257/2001, claiming it as a fundamental right, based on equality theory of legal philosopher Ronald Dworkin. The problematic issue that the work reveals is the apparent conflict between the need for care of the fundamental rights of the resident population of these occupations and the duty to maintain an ecologically balanced environment, of which solution is guided by weighing up the principles and values instilled in them, based on the concept of law as integrity, also developed by Ronald Dworkin.
Acesso aberto (Open Access)
“Se esta rua fosse minha...”: uma análise da privatização de espaços públicos na cidade de Belém e seus efeitos no uso democrático da cidade
(Universidade Federal do Pará, 2021-01-27) TELES, Clarice Costa; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
A phenomenon that occurs in the most populous capitals of the country has been reproduced in the city of Belém: the closure of public streets for the purpose of private appropriation. This practice came to be regulated in January 2018, when Municipal Law No. 9.353/2018 came into force, which provides for the installation of a gate, chains or similar at the entrance to towns, streets and/or any other way called “street no way out". It turns out that such a law directly affects the collective right to the city. Considering this context, the present research was guided by the following question: What measure do the legal aspects of the trajectory of the urban condominium organization in force in the brazillian legal system allow for the legalization of the private appropriation of the public spaces in the city of Belém? The general purpose of this research is to comprehend the relationship between the legal aspects of the trajectory of the law that governs the urban condominium organization and the private appropriation of public spaces in the city of Belém. The specifics goals are the theoretical construction of the right to the city proposed by Lefebvre (2011) and the explanation of the capitalist urban structure from the perspective of David Harvey (2014), in addition to presenting the issues raised by Marcelo Lopes de Souza (2008) and Teresa Pires do Rio Caldeira (2000) regarding the relevance of urban segregation themes and feeling of insecurity; present the trajectory of the Condominium Law (4.591/1964), discussing its relationship with the Urban Soil Installment Law (6.766/1979) and Land Regularization (13.465/2017), especially with regard to the modalities of urban spatial arrangement; and to empirically analyze the legal treatment adopted in the themes of urban segregation and insecurity, through a case study in closed streets in Conjunto Maguari, questing to realithe relationship between the legal aspects of urban occupation and the private appropriation of public spaces in the city. The final section, will be presents some considerations about the research, where the results demonstrate that the legislative trajectory has promoted the logic of privatization of spaces that initially have public destination and later are appropriated by private individuals. The methodological approach adopted in the research is dialectical, by using the case study as an investigation method.

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