Navegando por Orientadores "MOREIRA, Eliane Cristina Pinto"

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Acesso aberto (Open Access)
O agronegócio da soja e o direito fundamental de acesso à propriedade dos povos tradicionais em Santarém - Pará
(Universidade Federal do Pará, 2013-05-10) BARBOSA, Jonismar Alves; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
Acesso aberto (Open Access)
O Código florestal e a perspectiva amazônica: transformações paradigmáticas desde o agro do negócio para o agro da ecologia
(Universidade Federal do Pará, 2020-12-21) MARTINS, Evilhane Jum; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
This thesis aims to analyze the Amazonian agroecological epistemology as an instrument to the re-reading of the Forest Code through an investigation thatstarts from the developmentalist logic of the agribusiness to the Amazonian agroecological perspective. For that purpose, the research is based on the following problem: what are the limits and possibilities for the production of counter-hegemonic interpretive views about the Forest Code from the Amazonian agroecology as an episteme? In order to answer the research problem, the methodology employed obeys the trinomial: Base Theory/Approach, Procedure, and Technique. AsBase Theory and Approach this research has an epistemological matrix conducted by the systemic complex perspective, which is based on authors with a multidisciplinary view through the connection of areas of knowledgesuch as Political Ecology, Environmental Geopolitics, Sociology, and Environmental Law. The Procedureused is initially supported by the historical method,which in the present case will conduct the studies on the evolution of Forest Code in Brazil, as well as the monographic method. The Technique to beused will be projected in four interconnected moments, which will consist of the preparation of reviews, extended abstracts, data analysis and annotated bibliographies. Regarding the results, it is shown that the Amazonian agroecology as episteme is not onlya possibility, but is effectively a subvention to a paradigmatic transformation from the interpretive outlooks of complex, multidimensional, and counter-hegemonic matrix, about the Forest Code.
Acesso aberto (Open Access)
Compliance na corte interamericana de direitos humanos: um estudo a partir da propriedade comunal indígena
(Universidade Federal do Pará, 2016-02-05) NEVES, Rafaela Teixeira Sena; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
The objective of this study is to examine compliance with the judgments of the Inter- American Court of Human Rights cases involving violation of the territorial rights of Indigenous Peoples, with awards made between of 2001 to 2005. The study of cases Mayagna (Sumo) Awas Tingni vs. Nicaragua and Yakye Axa vs. Paraguay examines the jurisprudential construction of communal property, the Institute of compliance with the inter-American human rights system and the supervision stage of compliance with the judgments made by the Inter-American Court of Human Rights. Seeks to determine whether and how the mechanisms of this system interfere in cases compliance level. The empirical test as a methodology, relates a quantitative and qualitative analysis of compliance with the judgments repair orders. The findings allow us to consider the development of the monitoring mechanism of the system and re-evaluate their effectiveness in the affirmation of Human Rights of Indigenous People.
Acesso aberto (Open Access)
Espaços territoriais especialmente protegidos como instrumentos jurídicos de defesa dos povos da Amazônia: uma análise dos riscos socioambientais da expansão da soja geneticamente modificada
(Universidade Federal do Pará, 2010-12-17) DIEHL, Diego Augusto; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
This dissertation aims to analyze some special protected areas as in Brazilian law, from the social-environmental perspective and ethically committed to the people of the Amazon, identifying limitations and possibilities of these areas to defense the people against the potential impacts produced by the introduction of transgenic soybean in the region. For this, analyzes the historical process of integration of the Amazon in the currently world system, under a combined and uneven development, marked by many conflicts, violence and “land grabbing”. In this context, it sought to identify the specifics ways that the highly capitalized agribusiness of soybean enter in the region, with the key-concept of geopolitics, witch produces the birth of biopolitics with the introduction of biotechnology. The legal form of GMO is then analyzed as a product of biopolitics, occasioning a series of social and environmental risks not yet fully understood by science, and calling for this reason the application of the precaution principle. Although this principle constitute itself as a pillar of the Brazilian Environmental Law, it was unconstitutionally removed from the legal regime of transgenics, creating controversies including about the legal possibility of cultivation of GM varieties in the vicinity of territorial specially protected areas. Analyzing the current process of introduction and expansion of GM soya in the Amazon, where exists an enormous social and environmental diversity and with plenty special protected areas, it gives a legal interpretation on a social and environmental way, consistent with the Federal Constitution of 1988, in terms of the current legal regime for the cultivation of GM crops in the vicinity of protected areas, indigenous lands and maroon territories, selected because of the potential action of Amazonian people on resistance and insurgency against the dominant design of dominator Wholeness, that, in producing their victims, also produces the historical possibility of the organization and political mobilization of these victims to build a political project of liberation.
Acesso aberto (Open Access)
As inconvencionalidades do marco legal da biodiversidade frente ao instituto da consulta prévia, livre e informada: um processo de colonialismo biocultural
(Universidade Federal do Pará, 2017-09-28) MIRANDA, João Paulo Rocha de; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
This thesis deals with the incompatibilities of Law No. 13.123/15 with human rights treaties, in the juridical-political context of access to genetic heritage and traditional knowledge associated with biodiversity, called biocultural colonialism. Thus, the main objective of this thesis is to investigate the conventionality or unconventionality of the legal framework of biodiversity. That is, to analyze the compatibility or not of Law No. 13,123/15 with international jushumanist treaties, regarding the right to prior, free and informed consultation of indigenous peoples and traditional communities. For this, this thesis used the deductive and dialogic methods. Deductive, as the research started from the global context of biocultural colonialism to international norms, and from these to the internal norms and the unconventionality of the legal framework of biodiversity, Law 13,123/15. Dialogical, because the analyzes sought to take into account the social, political, economic, environmental, among others. Thus, the discussion about the unconventionality of the legal framework of biodiversity was made in an integrated way to the socioenvironmental, legal and political reality of the country and the world. In addition, a dialogue was held between different sources of international law. In view of this, it was possible to conclude that the legal framework of biodiversity is unconventional, given the various incompatibilities with human rights treaties of a supralegal or materially constitutional nature, depending on the thesis adopted. However, in any case, its unconventionality is confirmed, thus enabling diffuse control of conventionality. This would have the effect of invalidating the domestic norm, less beneficial, and incompatible with human rights treaties.
Acesso aberto (Open Access)
Indicações geográficas, produtos tradicionais e desenvolvimento territorial na Amazônia: um olhar sobre o projeto de indicação geográfica da farinha de Bragança
(Universidade Federal do Pará, 2015) OLIVEIRA, Amanda Borges de; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
To investigate the potential of geographical indications for products of agro-biodiversity protection, traditional knowledge derived, is the main objective of this academic work. This is a case study from the Geographical Indication project that is being developed for flour traditionally produced in Bragança, in the state of Pará. Bibliographical and field surveys were conducted. The literature, by reading scientific production, was designed to understand the main concepts covered in this paper, such that the notion of biodiversity, geographical indications, traditional knowledge products and territorial development, also were analyzed documents provided by some of the actors involved in the Geographical Indication project. The field research was aimed at gathering information on how the project is being developed and in which stage it is. From the studies and the analysis of information collected in the field, came to the conclusion that, for the agro-biodiversity products protection, derived from traditional knowledge, it is necessary that the Geographical Indication project and its subsequent management are guided by an idea of territorial development, seeing the various aspects surrounding the product, and therefore the registration of Geographical Indication as a consequence of the observation of the needs in the entire production chain flour and reality of the region that is intended determine as the geographical area.
Acesso aberto (Open Access)
Mudanças climáticas e a proteção dos direitos das populações tradicionais: análise do projeto de REDD+ no estado do Amazonas, Brasil
(Universidade Federal do Pará, 2012) COSTA, Marcela Ferreira; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
Multiculturalism has influenced Law to attribute special rights to culturally diverse groups, which includes traditional peoples. From the multicultural perspective, these rights must be observed, where relevant, in every situation involving traditional peoples. One of these situations is the REDD+ mechanism (Reducing Emissions from Deforestation and Forest Degradation, and the role ofconservation, sustainable managementof forestsand increasingforest carbon stocks). In Brazil, one of REDD+ initiatives is the REDD+ Project at Juma’s Sustainable Development Reserve (SDR), located in State of Amazonas. From the analysisof thedesignof REDD+the Juma Reserve, it is concluded that, to meettenure rights,REDD+should, among others, prioritizethe settlementof the possessionsof traditional peoplesand should not prohibitthe access ofsurrounding traditional peoplesto the project area.To respectthe rightof useof natural resources, the REDD+should, among others,avoidaffectingthe traditional practices of the groups involved and should recognizethe ownershipof carboncreditsto traditional populations. Torespectthe right ofprior and informed consent, REDD+should, among others, observe the forms of representationof the traditional and seek the consentin allits stages, through aparticipatory processand withappropriatediscussion.Finally, to meetthe right offair and equitable benefit sharing, REDD+should, among others,providebenefitsthat meet the realneeds oflocal groups, andshould seekthat benefits areproportionally and equally distributedbetween the communities, without distinctionbetween thoseinside theproject areaand its surroundings.
Acesso aberto (Open Access)
A proibição de retrocesso e a isenção de repartição de benefícios ao ramo empresarial para fins de acesso a conhecimento tradicional
(Universidade Federal do Pará, 2016-12-21) OLIVEIRA, Jesus Vieira de; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
This dissertation deals with the legal protection of traditional knowledge associated with biodiversity, focusing on the analysis of the compatibility of the exemption of benefit sharing to the business sector established by Law 13.123/2015 with the international human rights standards for protection of sociodiversity. First, the research situates the traditional knowledge associated with biodiversity in the protection of human rights, addressing the historical and theoretical foundations of human rights protection and recognizing the protection of traditional knowledge based on international human rights standards. The research then examines the principle of prohibition of retrogression in the context of the international human rights system, with an understanding of the theoretical foundations of normative principles and the relation between human dignity and prohibition of retrogression. Finally, the third chapter assesses the compatibility of the exemption from the obligation to distribute benefits derived from the exploitation of associated traditional knowledge and the international norms that govern the distribution obligation, also contextualizing the legal regimes for protection of traditional knowledge in Brazil.
Acesso aberto (Open Access)
A proteção do meio ambiente pela atuação do sistema interamericano de direitos humanos
(Universidade Federal do Pará, 2013) MÜLSTROH, Luciana Monteiro; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
This dissertation has as a background the relationship of environmental protection and Human Rights and aims to highlight how environmental protection comes into action within the work of the Inter-American Human Rights System, from the jurisprudence of the Inter-American Commission on Human Rights and Inter-American Court of Human Rights. Thus, precautionary measures of the Inter-American Commission on Human Rights and judgments of the Inter-American Court of Human Rights covering issues such as indigenous, afro-descendants, defenders of environment and natural resources, as well as and economic, social and cultural rights were selected and analyzed. In this context, the right to healthy environment is stated as a Human Right, which needs to be developed, for the other side increasing attention is focused on the environmental links to Human Rights. Further, this study addresses the issue of environmental conflicts, environmental justice, the integration the protection of Human Rights and environmental concerns well as exposes the functioning of the Inter-American Human Rights System, focusing on the American Convention on Human Rights, the Inter-American Commission on Human Rights and Inter-American Court of Human Rights. Thus, this study considers that the evolutionary and creative interpretation of rights under the American Convention on Human Rights protects the environment, gives an environmental dimension to the Inter-American Human Rights System, recognizes the right to healthy environment and enables Environmental Justice.
Acesso aberto (Open Access)
Protocolos comunitários-autônomos de consulta e consentimento quilombolas: direito e negacionismo
(Universidade Federal do Pará, 2020-11-17) GIFFONI, Johny Fernandes; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
Quilombolas throughout Brazil scream in pain! The pain of the struggle for their existence and the recognition of their identities. Plucked from their ancestral land, the mother Africa, blacks were kidnapped and at the hands of the European colonizer they arrived at what we call Latin America. In Brazil, they resisted slavery. In the past, Quilombos were a symbol of flight and of the struggle against the oppression of the colonial world / modern system, today they present themselves as opposition to the regime of exploitation of nature by capital. This paper deals with the “Community-Autonomous Protocols for Prior, Free and Informed Consent and Quilombola Consultation” created by communities as instruments of territorial defense and their identity. Through them, they intend to exercise their right to self-determination, externalized by the process of consultation and prior, free and informed consent provided for in Convention no. 169 of the ILO, and other international legal instruments. Through discourse analysis and content analysis, using theoretical research and bibliographic research, our research object comprises the Quilombola Protocols raised between the years 2014 and 2020. It is intended to investigate the legal nature of the Protocols, their legal strength and binding efficacy based on Carlos Wolkmer's “Community-Participatory Legal Pluralism”, as well as the discourse of public institutions on its legitimacy and its use as an expression of ethnic identities, racial citizenship, and for the resolution of socio-environmental conflicts produced in environmental licensing. Based on the analysis of the Protocols, we establish the elements and assumptions of the administrative consultation and consent process, which must be carried out by the government whenever an administrative act or law comes to affect or impact Quilombola Communities. As central categories, we use the Theories of Identity, Ethnicity, Deconstruction, Social and Environmental Justice, Racial Citizenship, Decolonial, the Right to Self-Determination, Constitutionalism experienced in the American Continent and the Quilombism of Abdias Nascimento. Boaventura helped us to understand the social conflict between dogmatics of colonial modernity and dogmatics experienced by subordinate subjects. The Protocols are intended to be the appropriate means to be followed by the State in carrying out the Prior, Free and Informed Consultation and Consent process.