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) Direito internacional em movimento: mecanismos de responsabilização de empresas transnacionais por violações de direitos humanos(Universidade Federal do Pará, 2021-12-06) VIEIRA, Flávia do Amaral; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364In this thesis, I investigated how transnational corporations operate - especially in the Global South - and are regulated, through international law, coloniality, and neoliberalism, and the dynamics of human rights movements that strain these power relations. I explore the conflict between two languages of human rights, based on two types of proposals for accountability of these companies in relation to human rights violations, those based on soft law instruments and those based on a binding treaty. Analyzing these languages in depth, I investigated the challenges and limits of the production of human rights in an international dimension, based on the observation of the operational nuances of global civil society in the impact on the construction of effective mechanisms of corporate accountability for human rights violations. The focus is on advocacy movements at the United Nations in the struggle for a binding Treaty on the subject, as well as on the political resistance of the Global North to the project. In this sense, the thesis explores the tension in the production of human rights in a world under corporate governance. I found that the search for these normative resources created what is now generically called the “Business and Human Rights” agenda, a term by which a new area of technical, practical and theoretical action in Law has been recognized. I highlight the approval of resolution 26/9, now known as the “treaty resolution”, and analyze the successive drafts of the treaty, identifying that the proposals do not necessarily consider international geopolitics and the historical relations of imperialism, dependence and coloniality between the North and Global South States. When confronting - or adapting to - the capitalist mode of production, the debate on the draft Treaty on Business and Human Rights becomes a key point of this historical time, given the announcement of climate changes considered irreversible connected to human impact, and with the deepening of extreme poverty on the planet. In this sense, the research sought to contribute to the relevant ongoing discussions, allowing a deeper understanding of the connotations and implications of different approaches in favor of imposing human rights obligations on corporations.Item Acesso aberto (Open Access) Estudo sobre o modelo do programa de proteção aos defensores de direitos humanos desenvolvido na Amazônia paraense(Universidade Federal do Pará, 2020-10-08) SANTOS, Julyanne Cristine Barbosa de Macedo dos; ARRUDA, Paula Regina Benassuly; http://lattes.cnpq.br/7257034539917718This dissertation presents a study about the protection model adopted by the Pará Human Rights Defenders Protection Program (PPDDH-PA). Initially, it addresses a discussion about the development model imposed in the Amazon that generates the so-called “manifesting causes of conflicts” and then starts to debate the content of the “human rights defenders” concept and the main struggles waged by these subjects in Pará. Afterwards, a diagnosis about the situation of defenders in Brazil is presented, as well as the main mechanisms of violations used against these subjects and, next, an approach is made about the protection of defenders as public policy, passing a survey carried out on the Protection Program in Brazil, its scope and limits. Finally, a history about the PPDDH-PA is constructed, analyzing the protection model adopted by it and presenting a discussion about possible alternatives in view of the PPDDH limits. It was noted that the implementation of the PPDDH occurred in a disconnected manner and without a plan oriented to achieve the proposed objectives, opting for a model of police protection that, in itself, establishes numerous obstacles for the access, inclusion and monitoring of defenders under threat. Faced with this scenario, however, it is possible to think of alternatives for the construction of a comprehensive protection policy, whether through the State or not.Item Acesso aberto (Open Access) A liberdade de expressão e o crime de desacato no Brasil à luz do sistema interamericano de direitos humanos(Universidade Federal do Pará, 2023-03-28) FONSECA, Maria Eduarda Dias; RIBEIRO, Cristina Figueiredo Terezo; http://lattes.cnpq.br/9188707404168670Considering the importance of the right to freedom of expression for the consolidation of a democratic society, especially regarding the democratic control of state activities, there is a need to discuss the understandings concerning this right and the ways in which it can be restricted. In this sense, the purpose of this research is to study the content of the right to freedom of expression in light of the Inter-American System of Human Rights. On this basis, the aim is to observe the understandings of the Inter-American Court of Human Rights and the Inter-American Commission of Human Rights regarding freedom of expression, defining its content and the criteria listed so that its restriction does not constitute a violation of human rights, seeking to understand the points in which the understandings of these bodies converge or diverge, which can be better observed when it comes to the use of criminal means as a way to restrict freedom of expression. . Subsequently, the aim is to analyze whether the crime of contempt as typified in Brazilian law is compatible with the protection of freedom of expression. In order to observe how the international provisions on the subject are applied in domestic law, the arguments used by the Federal Supreme Court in ADPF 496/2020, which deals with the conventionality of the offense of contempt, will be studied in order to analyze whether they are consistent with the protection of freedom of expression and with the understanding of the Inter-American System. Thus, this study aims to answer the following research problem: what is the position of the bodies of the Inter-American System of Human Rights on the right to freedom of expression and the use of criminal means and how does the Federal Supreme Court use this understanding to decide on the conventionality of contempt in ADPF 496/2020? This will be done by using bibliographic research, in order to help define the concepts, and documental, especially through the analysis of documents from the Inter-American System, focusing on the Court sentences that deal with the protection of freedom of expression and the respective merit reports from the Commission.Item Acesso aberto (Open Access) “Morreu? Não vai dar em nada, melhor nem ter o trabalho” : uma análise dos assassinatos de travestis em Belém(Universidade Federal do Pará, 2020-08-04) LOPES, Davi Haydee Almeida; SOUZA, Luanna Tomaz de; http://lattes.cnpq.br/5883415348673630; https://orcid.org/0000-0002-8385-8859Item Acesso aberto (Open Access) Pandemia como guerra civil: o paradigma biopolítico e o caso brasileiro na leitura de Giorgio Agamben(Universidade Federal do Pará, 2023-01-27) LIMA, Giovanna Faciola Brandão de Souza; MARTINS, Ricardo Evandro Santos; http://lattes.cnpq.br/0592012548046002This dissertation aims to analyze the coronavirus pandemic as corresponding to the civil war in the way that the Italian author, Giorgio Agamben, understands this phenomenon, that is, as a biopolitical paradigm. It is an explanatory research of the bibliographic type, but its method is the same used by the philosopher: the paradigmatic method. The main theoretical reference of this research is the Italian philosopher Giorgio Agamben, especially with regard to his notion of civil war as a paradigm and the concepts of biopolitics, sovereignty, bare life and his warnings about the coronavirus pandemic. Michel Foucault's writings were also used as a theoretical basis for this research, precisely with regard to the courses in which he develops his notion of biopolitics, biopower and the security society. Motivated by the philosophical discussion triggered by Agamben's texts on COVID-19, the guiding problem of this dissertation is the following: to what extent can the policies to combat COVID 19 in Brazil be thought of as civil war as a biopolitical paradigm? From the study of Giorgio Agamben's theory, it was possible to understand that civil war as a paradigm is not about a warlike conflict or between States, but a device of control and surveillance of the population and that it represents the threshold in which the non-political becomes politicizes and the politician saves himself. And the interlocutions with the thought of Michel Foucault revealed that this was only possible from the taking of life by power through a series of techniques that affect all spheres of the individual. Security reasons, in this context, in the wake of Foucault's investigations and Agambenian warnings, assumed a fundamental role as a justification for the adoption of permanent exceptional measures, not only in the name of preserving individuals, but also to establish a state of insecurity widespread in order to keep citizens always in combat. In this sense, it was possible to identify that the form that the civil war has taken today is the coronavirus pandemic, manifesting itself in the form of terror in a way that anyone can be considered a source of contagion. Finally, we identified that in Brazil the measures to combat the virus can be interpreted as civil war, as a device to control the lives of citizens, at the same time that the government adopted a kind of death policy in the name of the uninterrupted functioning of the market and the capital.Item Acesso aberto (Open Access) Parentalidade homoafetiva: um estudo sócio-jurídico sobre o direito de casais homoafetivos procriarem por meio de tecnologias reprodutivas(Universidade Federal do Pará, 2018-11-05) CARNEIRO, Thiago Lima; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645In this master's thesis, the issue of discrimination against the homosexual subject is discussed through the relation between homosexuality, parenting and assisted reproduction. It seeks to analyze to what extent the parental rights of the homosexual person are vilified by social practice and state powers. For this, the work is divided into three chapters: the first deals with the role of the State in the construction and reproduction of a heterosexist social reality, and how this dominant logic, based on a system of oppositions, is decisive for the subjection of individuals who do not follow the hegemonic sexual order. The perpetuation of this rationality unfolds in discriminations and social marginalizations that prevent the homosexual person from exercising his rights equally to other citizens. Only in the last years has been seen a more egalitarian treatment in relation to these individuals in Brazil, with the recognition of some rights claimed, such as the possibility of contracting marriage. The purpose of the second chapter is to evaluate the current family situation protected by the Brazilian legal system and to examine the framework given by the decision of the Federal Supreme Court to recognize the homoaffective union as a family entity. The third and final chapter deals with homoaffective parenting in the context of assisted reproduction, with emphasis on the specificities of this scenario, legal protection and access to reproductive technologies. The research and development of the dissertation was based on the doctrinal construction related to the subject, based on relevant scientific books and articles, documental analysis and semi-structured interviews directed to professionals working in the area of human reproduction. Finally, it is concluded that the validity of a heterosexist hegemonic order has a substantial impact on the enjoyment of the parental rights of the homosexual person, either by discriminating against the family dynamics or by compelling them to submit to the dominant living standards, interfering with their freedom of exercising parenthood.Item Acesso aberto (Open Access) A prevenção na responsabilidade civil e a imputação pela formação do estado de danosidade(Universidade Federal do Pará, 2017-03-24) FONSECA, Aline Klayse dos Santos; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324The institute of the civil liability, inserted in the methodology of the contemporary civil law, passes for intense transformations, instigating the reflection on its sensible Real and the effectivity of the reparatórios mechanisms to stanch or to diminish the proliferation of illicit behaviors that interfere with the legal sphere of the human being, causing legal injuries in its existential situations, goods or interests. In this scene, some legal concepts, the example of the damage concept, for its proper rigidity, favour the continuity depráticas harmful or potentially damages and cause exaggeration between the necessary precaution and prevention of the damages. In this manner, the present study it has as central intention had analysed conceptual adequacy of the damage to insert, coherently, the prevention, in the institute of the civil liability, as well as the legal consequences happened of this conceptual magnifying, as well as the mechanisms to discourage the injuring behavior them individuals, restraining illicit behaviors that, even so do not cause concrete damage, form an unfair state of danosidade that at risk puts the human being, legal goods or interests, considered individual or collectively. The research was guided by the hypothesis of that, traditional and rigid oconceito of damage, understood as an effective reduction of a patrimony compromises the prevention and inhibition of damages and perpetrates abusive practices in society current, given the resistance to impute the responsibility to the agent who forms an unfair state of danosidade without the existence of a concrete damage is verified and current. However, the adoption of a concept of ample damage that accumulates of stocks the unfair training of the danosidade state allows that the civil liability accomplishes its aims that they go beyond the simple repair, but involves, also, the prevention, precaution, punishment and the induction of behaviors adjusted with the constitutional and infraconstitutional values.Item Acesso aberto (Open Access) Town Meeting: em busca da liberdade social no processo coletivo(Universidade Federal do Pará, 2018-12-13) PEREIRA, Luana Rochelly Miranda Lima; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115This work has as fundamental axes the values of justice and freedom, applied to the collective process. It aims at analyzing the process standard elected and developed in Brazil, with its repercussions on the collective process, seeking an alternative line for the enforcement of justice through social freedom. In this way, it discusses the possibility of the Town Meeting’s standard being a concretizing instrument of social freedom in the collective process. In order to do, it talks about the problem of ineffectiveness of the collective process in Brazil is analyzed through a critical analysis. It adopts the typology used by Edilson Vitorelli as a way of beginning to overcome this problem. Based on freedom, Axel Honneth’s understanding of social freedom is understood to be applicable to the collective process through the development of the Town Meeting standard, which brings to the process those involved, giving an active voice to the formation of the will in a democratic way. Methodologically, a bibliographical review and use of the deductive and inductive method will be carried out.Item Acesso aberto (Open Access) Trabalho e velhice: como ler os direitos dos trabalhadores velhos?(Universidade Federal do Pará, 2020-06-19) SILVA JUNIOR, Paulo Isan Coimbra da; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567; https://orcid.org/0000-0003-4955-1949This work discusses the possibility of extending the legal protection provided for the elderly (people aged 60 or over) to workers who, even before reaching this age mark, are inferior in the labor market because they are socially identified as old. The investigation is based on the version of egalitarian liberalism developed by Ronald Dworkin, arguing that a government is only legitimate when it strives to demonstrate equal consideration for the destinies of all those governed and full respect for the personal responsibility they have for their own lives, thus to the two Dworkian principles of dignity. In this sense, the right must be consistent and treat people as equals. In the context of the research, the correct interpretation of the rights of the old person in labor relations is one that expresses this effort to treat everyone with equal respect and consideration. The construction of the interpretation begins with the understanding of aging in the social perspective and its projection in the work relations with the outline of the figure of the old worker, who reached the age group, is seen as a person in physical, psychological and social decline who no longer meets the requirements arising from the employment relationship due to its progressive distancing from the privileged age frame. Then, a survey of the legislation resulting from the intense process of normative production in the framework of Human Rights proceeds, which, challenging the presumption of incapacity of work for the elderly, recognized specific rights intricately linked to the condition of old. In this research it is argued that our legislation for the elderly is a reaction to the aging process and is based on the need to guarantee legal protection to all those who are inferior because they are considered old, even before the age of 60. Limiting its application to the group arbitrarily defined as elderly would imply an unfair limitation of legal protection to a group that has aging as the determining cause of its vulnerability. The best reading of Brazilian legislation, therefore, is in the sense of extending the legal protection guaranteed to the elderly to workers who are inferiorized due to aging, regardless of age.