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) Consolidação da posse na Belém dos oitocentos: análise dos registros paroquiais e legitimações de posse (1854-1891)(Universidade Federal do Pará, 2018-06-19) OLIVEIRA, Natalia Altieri Santos; FISCHER, Luly Rodrigues da Cunha; http://lattes.cnpq.br/5038078976448551The objective of this study is to present a study about the consolidation of possessions in the city of Belém during the nineteenth century, with the main objective of consolidating the possessions registered and described in the parish register. Its specific objectives are to carry out a bibliographical survey on colonial Belém and the land regime in the old regime; the bibliographical review on the suspension of the sesmarial system, the historical context of imperial Brazil, and the political upheavals of that period, with emphasis on the edition of the land law and the application of the norm in urban perimeters and rebalances; the analysis of the parish registers of the Parishes of Sant'anna da Campina, Sé and Santíssima Trindade on the areas that currently comprise the urban perimeter of Belém, and the ratifications of possession and transpasses that occurred in the period; the verification of which possessions recorded in the parochial register that were identified later consolidated and by which legal instrument. It establishes as a method the collection, reading and analysis of the registries of Parishes of the Sé, Trindade and Sant'Anna, besides the legitimations and ratifications of possession, besides the transpasses, whose conclusions were extracted based on the historical interpretive method. It justifies this study because of the importance of understanding how ownership was consolidated in Belém in the years 1854 to 1891. It identifies that the main mechanism of consolidation of the possessions was the leasehold regime, which remained present from the colonial period and after the period studied in the present work. It also finds out that although Pará was the province with the highest number of parish registers, in the city of Belém, its reflexes were not great for consolidating possession.Item Acesso aberto (Open Access) Regularização fundiária em unidades de conservação: uma análise da lei 13.465/2017(Universidade Federal do Pará, 2021-09-13) SANTOS, Cleilane Silva dos; FISCHER, Luly Rodrigues da Cunha; http://lattes.cnpq.br/5038078976448551; https://orcid.org/0000-0002-1662-8703Law 13.465/2017 expressly recognized the possibility of urban land tenure regularization in conservation units for sustainable use, establishing the obligation of environmental technical studies that justify the environmental improvement in relation to the situation of previous informal occupation. It affects rights of traditional and non traditional populations. As conservation units protected areas are legally recognized as one of the main rules for the conservation of biodiversity, however, with regard to the urban environment in the Amazon, as conservation units they are now special because they are also certified for the protection of the environment which is effected through the quality of human life based on the preservation of culture, especially in the case of traditional communities. Thus, the theme of urban land regularization in conservation units is acquired for being one of the main means for achieving the effectiveness of the right to the city for the urban environment of the Amazon, which entails a holistic analysis of the legal norms that affect the city environment and the right to housing from a national and international perspective. In this sense, the analysis demonstrates that urban land tenure regularization in conservation units for sustainable use, under the terms of Law 13,465/2018, is not suitable as an effective instrument for achieving the right to the city in the Amazon, even for an area of environmental protection, in which the activities that must be developed in the environment, must also be regulated taking into account the importance of human life and culture as a condition for the realization of the urban environment in the Amazon.