Navegando por Orientadores "TRECCANI, Girolamo Domenico"
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Item Acesso aberto (Open Access) A comunidade quilombola Abacatal e os aterros sanitários da região metropolitana de Belém: análise sobre a utilização do protocolo de consulta prévia, livre, informada e de boa-fé e os possíveis impactos ambientais das atividades dos aterros face à comunidade quilombola Abacatal/Aurá, Pará(Universidade Federal do Pará, 2023-10-10) ROSSO, Carolina Maria de Jesus; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881The present research analyzes the utilization of the Protocol of Prior Assessments and in good faith for the Quilombola Abacatal/Aurá Community - Prior, Free, Informed and Good Faith Consultation Protocol for the Abacatal/Aurá Quilombola Community in the processes of administrative licensing the landfills of the metropolitan region of Belém (RMB): Aurá Sanitary Landfill Aurá Garbage Dump and Marituba’s Sanitary Landfill. In this sense, this analysis looked to contextualize the problems experienced by the Acabatal community, its titling, the rectification and additions processes, verifying the judicial demands required by the community, in which are demanded reparations, compensation or indemnity for environmental damages, or the annulment of the landfill licensing processes in lieu of the absence of the Protocol of Prior Assessments and in good faith for the Quilombola Abacatal/Aurá Community - Prior, Free, Informed and Good Faith Consultation Protocol for the Abacatal/Aurá Quilombola Community. The justifications for the present research project relates to the problematics experienced by the Abacatal community, result of social and political neglect, the judicial aggrandizement regarding this issue, in light of the debate around the necessity of observance to the Convenção OIT-169 and to the right to an ecologically balanced environment, as well as, personal growth, since it is a familiar theme, with focus on the professional area, referring to the urban public policies, thus rectifying its social, judicial and personal relevance, respectively. The research used the descriptive method of research, through the qualitative research technique in which the documentary analysis of the judicial and administrative environmental processes related to the Quilombola community of Abacatal, as well as the private enterprises that have participated in the installation and operation of the landfills. sanitary facilities, as well as bibliographical research with the survey of texts and academic works on the subject.Item Acesso aberto (Open Access) Comunidade quilombola do Subaé e o licenciamento ambiental de linha de transmissão de energia na Bahia: violação ao direito da consulta prévia, livre e informada(Universidade Federal do Pará, 2023-08-30) ARAUJO, Luciéte Duarte; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881The research proposes to identify the mechanisms used by federal agencies, municipal and by Sterlite Power Grid Ventures Limited that favored the violation of the right to prior, free, informed and good consultationfaith provided for in ILO Convention 169 in the environmental licensing of LT 500 kV Port of Sergipe (SE) - Olindina (BA) - Sapeaçu (BA) C1 Associated Substations, from the study of Quilombo Subaé. The provisions of art. 68, from the ADCT of the Constitution of the Federative Republic of Brazil of 1988, which ensures the right to property of quilombola communities. The environmental licensing process of this project is being processed at the Ibama office in Bahia, under number 02001.022704/2018-96 and already includes the release of prior licenses and installation of LT 500 kV. To do so, it is intended to understand the logic (s) that guides (m) decisions, in terms of legal references. It is understood that the parameter adopted by the Brazilian State in environmental licensing of project of this nature is being life, good living and human rights defenses in CRFB/88 and in International Treaties to which Brazil is a relative signatory in the name of development. As for the methodology, it is a case study, the research will follow, as a rule, the hypothetical-deductive approach method and, as for the technical procedures adopted, it is configured as bibliographic and documentary research. We adopted a theoretical matrix with an anti-racist bias to show that the Brazilian state, as well as other modern states originated from a historical and political process of the capitalist-projectcolonial countries of European countries based on the inferiorization of the black subject in such a way that, even today, neoliberal they suffer the violence of structural racism that persists in societies and; of critical theory of law to remind that this system of hierarchical social regulation allows some legal institutions to reproduce arbitrary actions of power that culminate in the impossibility of social and racial justice. Thus, the structures of the state are essentially exclusion, oppression and discrimination. Considering these justifications, we understand the negligence coming from some organs of the country with the Quilombo Subaé in the Municipality of Antônio Cardoso/BA, as a typical case of environmental racism.Item Acesso aberto (Open Access) Direito de propriedade e justiça distributiva no Brasil: ampliação das capacidades como forma de combater a pobreza rural(Universidade Federal do Pará, 2015) SÁ, João Daniel Macedo; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535This work discusses property rights relations from the modern notion of distributive justice. It analyzes the extent to which rural private property constitutionally defined favors a notion of distributive justice compatible with the foundations of the democratic State based on the rule of law. It is based on egalitarian liberal thinking of John Rawls, to defend the role of justice in preserving the freedom of the individual, while considering that the value of dignity implies equal access to political, social, and, to some extent, of economic goods, that should be ensured mainly by the state. It is argued that in a just society, everyone should receive equal share of the benefits that society provides and of the costs that it requires. Supporting this idea, it is also based on Amartya Sen thoughts to argue that property right is intrinsically important, but also instrumentally valuable to enable individuals to achieve development. Further, the thesis argues that the classical liberal notion of property-liberty, which generates the absolute and exclusive power over the thing, and the social notion of property-duty, based on social function, converges on the notion of property-capacity, whose focus is on promoting real freedom of choice for individuals. The work will demonstrate that the State must, in order to fight rural poverty, and for the sake of justice, ensure more equitable access to ownership rights of rural lands in the country. It presents, based on government statistics, a criticism to rural development policies for not giving the correct approach for individuals to obtain the set of capabilities and functioning’s associated with the minimum conditions for a worthy life. The land issue is directly linked to income and wealth, but poverty has multiple dimensions that prevent the exercise of basic capabilities, putting people in situations of extreme hardship and deprivation. Public policies should seek the expansion of human capabilities, and if the right to property integrates this list of capabilities, then it must be guaranteed to all.Item Acesso aberto (Open Access) Direito territorial e remanescentes das comunidades de quilombo: os entraves à aplicação do art. 68 do ato das disposições constitucionais transitórias de 1988 pelo estado do Pará(Universidade Federal do Pará, 2017-05-18) ALVES, Luana Nunes Bandeira; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535The present research aimed to verify the execution of quilombola territorial politic starting the based in the diagnosis of the obstacles related to the application of art. 68 of the Transitional Constitutional Provisions of 1988. The analysis clipping is limited in the Pará state territory. The area object of this study denotes specific problems related to the recognition of the territories traditionally occupied by the remnants of quilombo communities. In this sense, for to get results observed in the final of this research were realized a bibliographic survey, a data collect and an analysis of the processes in the land agencies responsible for the execution of the public politics of the quilombola land. The results of the research are presented during the three sections of this dissertation. In the first section is exposed the historic of territorial right of the remnants of quilombo communities in the country since the Brazil colonia until nowadays, highlighting the different forms of actuation of Public Power related to said groups. In the second moment are presented the different legal possibilities to access land by the quilombola groups, highlighting the recognition of the territories situated in Pará state. In the last section were highlighting the principals obstacles diagnosed during the research related the conclusion of the titration processes in the federal sphere of Pará. In the final, it was concluded that, in spite of existence of the law that formally envisaged the necessary titration of quilombola territories, in the scope of execution of this territorial politic were verified obstacles related to the emission of certification by the Palmares Cultural Foundation and elaboration of the Delimitation and Identification of Technical Report; to configuration of conflicts between the own communities or between this groups and the external agents; and to the questions referring to the actuation sphere of land agencies in the state and federal areas.Item Acesso aberto (Open Access) O estado de papel construído num cenário de sangue e violência: algumas tentativas de combate à grilagem e pacificação social no campo no estado do Pará(Universidade Federal do Pará, 2011) DIAS, Gracilda Leão dos Santos; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535Doctrinal study of the relationship of the effectiveness of human rights guarantees from governmental activities to the socio-historical context-law lived in the Para state of violence, land grabbing and disrespect for the environment. The research approach focuses on the Amazon environment, human rights of the rural population, agri-environmental information and interdisciplinary. The analysis part of the study on human rights issues, the contextualization of the agrarian situation experienced in Para State in view of the sui generis process of land occupation, the origin of land grabbing, land conflicts and intensified the predatory exploitation of environment, as well as the performance of the judiciary towards agri-environmental problems in the state. The results obtained are closely related to the approach taken before the recent change of position of the judiciary in handling of records of rural land riddled with constitutionality and possible emergence of new perspectives of human rights guarantees in rural from this new reality. Two of these positions are extremely important to this study: a) Provision of issue No. 13/2006 of the Magistrate Court of the Interior Districts of Honorable Court of the State of Para, which ordered the blockade of all enrollments of rural properties that were at odds with the constitutional requirements for the disposal of public land, b) decision of the National Council of Justice which ordered the cancellation of all records of rural land riddled with unconstitutional in existing services registered in the state of Pará.Item Acesso aberto (Open Access) O exercício dos direitos de acesso ambiental como garantidores de democracia ambiental e direitos humanos: os impactos socioambientais, após a duplicação da Estrada de Ferro Carajás na cidade de Marabá – Pará(Universidade Federal do Pará, 2022-08-30) PINHEIRO, Olinda Magno; TRECCANI, Girolamo DomenicoIn this thesis, we investigated following the normative genesis of International Conventions and national legislation on the environment and human rights, on the extension and application of the so-called Rights of access to information, participation and access to justice in environmental issues, and how they have been effective or not, the exercise of these rights the reality of the neighborhoods Araguaia and Nossa Senhora Aparecida, located on the route of the “EFC” Railway, in the urban area of Marabá. It was defended and proved, as the main hypothesis, that the denial of these access rights opens space, not only for the violation of rights inherent to a healthy environment, but also contributes to mitigating the population's perception of socio-environmental impacts. In that, followed for this analysis, mainly the theoretical referential of the State of Environmental Democracy, and adopted as scientific method the hypothetical-deductive, which was allied to the technique of bibliographic and documentary research, together with the field research developed in these neighborhoods, in which several socio-environmental impacts were widely raised, mainly from the duplication of the railway branch between the years of 2012-2016, still having repercussions today, a diversity of negative impacts, linked to the exploration and disposal of ore through the railbranch. Thus, the feasibility of this thesis was considered, whose central problem was to research: to what extent, the individual or collective exercise of environmental access rights, has contributed to the perception and prevention of socio-environmental impacts, especially in the Araguaia and Nossa Senhora Aparecida neighborhoods, in the urban area of Marabá, located on the EFC route (Estrada de Ferro Carajás). In conclusion, that in communities such as those studied in this research, the exercise of environmental access rights, in its three modalities, is of fundamental importance for the defense of the environment and also of other human rights, but it is fully observable that there is a nimbalance of forces among affected populations in the face of big business, represented by companies and their strategies to control social and population risks, thus affecting the exercise of environmental democracy and the guarantee of other human rights.Item Acesso aberto (Open Access) A inconstitucionalidade de Belo Monte sob a perspectiva dos direitos indígenas dos povos Arara do Maia e Juruna do Paquiçamba(Universidade Federal do Pará, 2016-12-16) XERFAN, Renato da Cruz; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535The implementation of the Hydroelectric Power Plant Belo Monte operates numerous battles that occurs in different fields, such as environmental, legal, economic, political and cultural. This study, using the hypothetical deductive method and bibliographic, documentary, and field research, aims to identify possible unconstitutionalities in the development of this project that seeks to change drastically the water regime of the mediun/ lower course of one of the main tributaries of the Amazon: the Xingu river. We analyze whether the work in question is in accordance with environmental and multicultural perspective dashed by the Constitution of the Federative Republic of Brazil in 1988 and numerous international agreements and declarations taking a cut on water management in the Amazon and its correlation with environmental law, seen from an ecological and systemic perspective of the cultural rights of indigenous peoples directly affected by the project. Giving up will attention to the situation of people Arara of the Volta Grande (Maia Arara) and Juruna (Yudjá) of Paquiçamba that are included in the area of direct influence of the work, the Volta Grande do Xingu, which suffers losses of about 80 % water resources that once flowed freely through the natural river bed with shocking losses to the traditional way of life of the people of the forest and the lush biodiversity of the region. In this endeavor we analyze the judicial struggle led to the cable by Ministério Público Federal (Brazilian Government Agency for Law Enforcement) with particular attention to actions brought by the Parquet to promote the observance and respect for indigenous rights. The study also reflects on the rights of Nature and Future Generations, understanding them as members of the subjective framework of the rights of indigenous peoples of the Xingu who create and recreate themselves in the multiplicity of the components of biodiversity. Seek, ultimately, to identify whether that energy development is in harmony with the norms and values advocated by the Brazilian and international legal and political system enshrining the Brazilian State must, by promoting democratic policies and honoring the multiple use of water, be the guarantor of the perpetuation and maintenance of Amazonian indigenous cultures and healthy environment.Item Acesso aberto (Open Access) Regularização fundiária e o direito territorial coletivo das comunidades tradicionais rurais na Amazônia: análise da Lei nº 13.465/2017 a partir dos parâmetros interpretativos das decisões da Corte Interamericana de Direitos Humanos(Universidade Federal do Pará, 2022-04-08) MONTEIRO, Aianny Naiara Gomes; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881Law No. 13,465/2017 changed the legal regulation of urban and rural land regularization, making the collective titling of traditionally occupied lands in Brazil more difficult. This research presents a critical analysis of Law No. 13,465/2017 and the implications of this legislation and its regulating decrees to rural collective territories in the Amazon, seeking to answer the following guiding question: to what extent does the current federal legislation on land regularization guarantee the territorial right of traditional communities and the effectiveness of this right in the Amazon Environmentally Differentiated Settlement Projects? To answer the research question it is used Convention 169 on Indigenous and Tribal Peoples, of the International Labor Convention (ILO), of which Brazil is a signatory, as it establishes special protection for collective territories; as well as the Inter-American Court of Human Rights’ (IA Court. H.R.) decisions, from which interpretative parameters are derived that represent important standards for protecting the territorial rights of indigenous and tribal peoples, a category that includes Brazilian traditional communities. This is a bibliographical study, since it presents concepts about the land instruments available for regularizing possession and/or ownership of the territories of traditional peoples and communities. It is concluded beyond the simple creation of obstacles that hinder the collective titling of traditional territories in the modalities of Environmentally Differentiated Settlement Projects, Law No. 13,465/2017, if used for the land regularization of these spaces, it makes unfeasible any possibility that new differentiated settlements will be created that safeguard the territory in its entirety. The use of Law No. 13,467/2017 to the Environmentally Differentiated Settlement Projects should be rejected, since it imposes a restrictive interpretation to the collective territorial rights of traditional communities, affecting the fundamental rights of these groups. Therefore, it is not possible to speak of a guarantee or effectiveness in the right to collective property of the lands traditionally occupied in the validity of the current legislation of landholding regularization.Item Acesso aberto (Open Access) A responsabilidade civil das instituições financeiras pelos danos ambientais causados pelos tomadores de crédito(Universidade Federal do Pará, 2011) AVELINO, Daniel César Azeredo; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535The protection on the environment is a fundamental right for the Brazilian constitutional order, which even protects the future generations by its provisions. However, although clear as it may seam, the effective protection of the environment encounters concrete obstacles regarding the difficulty in implementing the constitutional text in complex private activities, typical of the modern period. In this context, financial institutions have taken a unique role and importance in the various relationships that operate between man and the environment in the absence of a codified regulation that would clearly and systematically present the requirements and cautions that banks should obey to while funding a certain project. Faced with this scenario, the present study attempts to compile the various constitutional, legal and infra-legal rules on the subject, in order to, afterwards, carry out an investigative field research, by sampling, to investigate the degree of compliance by the financial institutes to the existing rules. Furthermore, theses rules are critically analyzed, searching, in a constitutional level, for robust theoretical framework that demonstrates the civil liability of the financial institutions for environmental damage caused by its customers, more broadly, from the analysis of each case. This is an essential step to the research, given the simplicity of the infra-legal specific rules on the subject, which end up leaving the constitutional protection at a significant risk. In this process of doctrinal construction, we seek the exact understanding of the historical evolution of key institutions, such as contracts and property, as well as a detailed analysis of the application of fundamental rights in private relations.Item Acesso aberto (Open Access) Ribeirinhos expulsos por belo monte: negação e reconhecimento de direitos socioambientais(Universidade Federal do Pará, 2018-06-29) SANZ, Flávia Sousa Garcia; MAGALHÃES, Sônia Barbosa; http://lattes.cnpq.br/2136454393021407; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535This is a case study of how the rights of riverines who were expelled with the construction of Belo Monte hydroelectric dam were denied and how these rights are being recognized in the environmental licensing of the dam. This research was accomplished through bibliographical and documentary analysis. Traditional people and communities are especially exposed to the vulnerabilities of socio-environmental conflicts, since Western law has been (and it is) designed to exclude those who do not fit in the standard and those groups are conceptualized as culturally differentiated. Thus, this groups often suffer invisibilization and denial of rights, reducing the possibilities of maintaining the traditional way of life. I argue that the riverside residents were made invisible on the environmental licensing of Belo Monte hydroelectric and, consequently, their socio-environmental rights were disregarded. So I highlight the invisibilization of riverines caused by the Norte Energia company, added of the inaction or failure of the supervisory organ, IBAMA and of the Judicial Power. Lastly, I argue that through riverines resistance, along with others social actors, as MPF and academic community, they have gained greater visibility and are gaining a recognition of violated rights on the environmental licensing of Belo Monte hydroelectric dam.Item Acesso aberto (Open Access) Terra de ninguém! o que será do pae santo afonso com a implantação do terminal portuário de uso privado – tup Abaetetuba?(Universidade Federal do Pará, 2021-11-23) VASCONCELOS, Tatiane Rodrigues de; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881The research has as a reference the recognition of the right to territory for traditional peoples and communities in the Santo Afonso Agroextractivist Project, located in the Xingu Island, in the municipality of Abaetetetuba/Pa, in the scope of the National Program of Agrarian Reform through the National Institute of Colonization and Agrarian Reform-Incra in partnership with the Secretary of the Union Patrimony. In order to identify the paths to the recognition of rights for traditional peoples and communities, the research goes through the indicators of the creation of the settlement, including, describes about the sparse legislation. The object of analysis is the settlement PAE Santo Afonso, located in the municipality of Abaetetuba-Pará, on the Xingu islet and the confrontation of struggles and resistance in the installation of the port enterprise identified as Tup-Abaetetuba-PA owned by the company Cargill. The study presents the characterization of the PAE Santo Afonso with regard to the riverside way of life and the normative adjustments since the implementation Ordinances, in addition to the reflection of Law No. 13,465/2017 with the Regulatory Decree No. 9,311/2018 With regard to methodology the study had a qualitative and quantitative direction using multi-methods, which includes direct observation, focus groups and suggestion of participant interviews. The research subjects were the riparians of the Community Vilar, Xingu and others from the Association of the Pae Santo Afonso. The qualitative data were analyzed from the bibliographic references, document of constitution of the PAE, as the field research. Thus, based on the analysis of the materials collected, it was found that the site is legally a differentiated Project Ambientally and the subjects that live there struggle and resist in an attempt to maintain decent housing.Item Acesso aberto (Open Access) O trabalho escravo contemporâneo como fator de descumprimento da função social da propriedade rural(Universidade Federal do Pará, 2009-09-18) MELO, Herena Neves Maués Corrêa de; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535This study aims to analyze the non fulfilment of the homestead social function linked to the reduction of the number of workers in a condition akin to slaves, considering that the Federal constitution of 1988 indicated the human being dignity fundamental for the democratic State of Right, as well as it emphasized, in the set of requirements for the fulfillment of the property social function, art. 186, the observance of laws that regulate the labor relations and the exploration in order to promote the proprietor’s and the workers’ well-beig. In this study, the homestead social function is analyzed as an element inherent to the recent concept of property right. Considering the property social function as structural to the property right, that is to say, the agrarian property right exists to fulfil a necessary function for the society. The inobservance of this social-functionality, drives the related right to its proper extinction, and it takes back from the State the obligation to protect the condition of proprietor of the one who does not fulfil. According to this, the expropriation of properties where the workers are in condition akin to slaves would be a suggestion to invigorate the dogma of the homestead right. Concerning to the property social function, it is necessary to understand the concept of this principle, selected by the Brazilian Political Letter in several articles. It is a plastic concept that can vary according to the objectives defined by the State as possibilities of environmental-economical-social development. So, the approach of this study has the objective to observe the humanity values in a detailed way, based on the Republican Letter, and focusing on the content of the property right and the human being’s dignity.