Dissertações em Direito e Desenvolvimento na Amazônia (Mestrado) - PPGDDA/ICJ

URI Permanente para esta coleçãohttps://repositorio.ufpa.br/handle/2011/16119

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Agora exibindo 1 - 2 de 2

Acesso aberto (Open Access)
Desmatamento na Amazônia e a atuação do Ministério Público Federal: análise da eficácia jurídica do projeto Amazônia protege no estado do Pará
(Universidade Federal do Pará, 2023-06-06) GOMES, Márcio Nunes; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
This research deals with the role of the Federal Public Ministry of Pará in combating irregular deforestation in the Amazon from 2016 to 2022 within the scope of the Amazônia Protege Project. Launched by the Federal Public Ministry (MPF) in 2017, with the objective of combating the illegal deforestation that occurred from 2016 and curbing other illegal activities in the Brazilian Amazon, the Amazônia Protege Project (PAP) involves a series of actions, including investigations, operations inspection and cooperation with other government agencies. Therefore, it is a case study, focusing on examining the Project, the proposed actions, the procedures used, verifying whether there is legal effectiveness in the results achieved by December 2022 and its relationship with climate litigation. From this study, a consistent and systematic Diagnostic Report was presented at the end with a proposal for improvements regarding the PAP of the Federal Public Ministry. The fight against irregular deforestation in the Amazon by the Amazônia Protege Project brings with it the ideas of sustainable exploration, more effective environmental inspection, and changes in paradigms in the legal field. The aim is to assess whether the Project contributes to reducing deforestation and whether it can be seen as strategic environmental litigation. A descriptive case study is adopted as a methodology, defining the sampling used, that is, the MPF database of processes related to Amazônia Protege, from 2016 to 2022 in the state of Pará, with preparation and collection of primary data, compilation bibliographical information, analysis of the result of the actions until December 2022 with presentation of the intervention report, relating cause and effect between the propositions discovered, issuing suggestions or recommendations that may contribute to greater legal effectiveness and emphasizing practices that deal with the promotion of initiatives aimed at the sustainable balance of the environment, thus guaranteeing the observance of an exploration model whose thesis is to prove that the best solution for everyone is still to maintain the preservation of the Amazon forest.
Acesso aberto (Open Access)
A fiscalização como instrumento de mitigação dos impactos ambientais na extração de minério agregado à construção civil: estudo sobre a exploração do seixo no município de Ourém/Pa
(Universidade Federal do Pará, 2023-06-06) CAVALCANTE, Wanderson Marques; TEIXEIRA, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983; https://orcid.org/0000-0002-7979-2404; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
The aforementioned research starts from the academic reflection of a citizen and countryman who experienced and still experiences the challenges of the researched place, the municipality of Ourém/PA, located in the Microregion of Guamá, in the northeast of Pará, about 150 km from the capital Belém. We investigate the environmental, social and economic impacts in their multiple aspects, caused by the exploitation of aggregate ores for civil construction, also known as non-metallic ores, such as: sand, pebbles and gravel. The study area of the research analyzed the exploitation of the ore known as pebble, which is used in civil construction works, this ore explored in the city of Ourém/PA, which is one of the main municipalities for sand and pebble exploration in the State of Pará. It is noteworthy that the extraction of pebble ore, widely used in civil construction in the Guajará Integration Region (Belém, Ananindeua, Marituba, Benevides and Santa Bárbara do Pará) has not received the deserved attention of public, private and research entities. academic, even though it is considered one of the most important ores for the Brazilian mineral sector in the field of civil infrastructure, which, due to the large volume, has sensitive consequences for the local socio-environmental context. In this sense, we seek to investigate whether the licensing and supervision of the municipality for this type of ore is efficient, considering that the municipality is the public entity responsible for licensing and inspection. As a methodology, the deductive method was used, using a reasoning that starts from a singular or particular premise for more general reflections. In the research, the study of the bibliographical, legislative and jurisprudential correlated to the subject was used. We sought to understand the relationship between the municipal inspection activity and the environmental consequences experienced by the exploited surroundings. The conclusion is that the action of the municipal public power falls short of the need, and the environmental impacts are an externality that will be left to society to solve.

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