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.
Navegar
Navegando Programa de Pós-Graduação em Direito - PPGD/ICJ por CNPq "CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL"
Agora exibindo 1 - 12 de 12
- Resultados por página
- Opções de Ordenação
Item Acesso aberto (Open Access) Acessibilidade arquitetônica, barreiras atitudinais e suas interfaces com o processo de inclusão social das pessoas com deficiência: ênfase nos municípios de Abaetetuba, Igarapé-Miri e Mojú/PA(Universidade Federal do Pará, 2013-12-11) NONATO, Domingos do Nascimento; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645This dissertation examines the precarious conditions of architectural accessibility in public roads , buildings and public transportation system and collective and attitudinal barriers faced by disabled people incessantly in the municipalities of Abaetetuba Igarapé-Miri and Moju/Pa, both in urban as in rural areas. Scrutinize the guarantee of the fundamental architectural accessibility in light of ethical and political foundations inserts on international, constitutional and infra relating to the matter. We used a set of theoretical-methodological procedures which enabled us to analyze and understand the real role that architectural and attitudinal barriers desemprenham as barriers to full social inclusion of people with disabilities in municipalities alluded. From the perspective of sculptured figures in the Constitution as human dignity, equality, citizenship and social inclusion, which consign this right lacks effectiveness, especially the fragrant disregard to situations related legal rules, corresponding to a real ideal to be reached. Another ride, we understand that ensure the conditions for architectural accessibility demands the commitment of many segments of society, eliminating stigmas, stereotypes, prejudice and discrimination and providing people with disabilities contributions of material resources by eliminating architectural barriers in order to ensure them access, mobility and enjoyment of public goods and services in a satisfactory manner, regardless of the impediments , restrictions or physical impairments that have biological or functional . Given the blatant mismatch between the undeniable advances in administrative plans and pertinent legal matter and reality fateful present proposals or referrals viable political and reputable aimed at realization of the right to accessibility as a corollary of the fundamental right to sustainable and inclusive city. It is to ingratiate the dictates of equality in its many aspects, and respect for differences. This entails various orders and changes in various dimensions and must involve the whole society.Item Acesso aberto (Open Access) Danos em massa e os punitive damages(Universidade Federal do Pará, 2015-03-04) BONNA, Alexandre Pereira; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324A rereading of the punitive damages institute is proposed from the perspective of its interface situated between the collective action and the mass damages. It is examined whether the indemnity that arises out of the punitive damage should be handled in a context of collective or individual actions, aiming to satisfactorily answer which of the aforementioned ways is the most suitable, by taking an analysis based on the comparative method, sustained by two factors: the right to proof of the relevant facts to characterize the punitive damages and measuring the degree of reprehensibility of the conduct and the economic theory of punitive damages on the discouragement, based on the theory Polinsky and Shavell. A research is performed assuming that the punitive damages has a place is Brazilian’s legal system based on the theory of law as integrity from Ronald Dworkin, nevertheless, the outline of the punitive damages are searched in the North American Juridical experience as a theoretic base for the comparison made with eyes turned to the Brazilian case. An analysis of the precedents of the Supreme Court of the United States is performed and the relevant facts for the punitive damage are adopted based on the interpretation of such Court. The application profile of the punitive damages in the United States and in Brazil are traced, intending to identify the weak elements in the national legal practice. The requisite of the superiority of the collective actions seen in the North-American experience is brought to Brazilian Law from the perspective of the interest to act and the effectiveness of the process. The meaning of the superiority test is deepened based on the test that exists in the North-American experience with the class actions, which is used in the task to determine if the rights at stake are able of being collectively judged in the context of the class action for individual damages, in other words, the superiority is a requisite for the processing of a class action, implying that the magistrate must evaluate whether the class action is superior to other available proceedings, in terms of justice and efficiency of the decision. Examines the superiority of collective protection for the right proof of the relevant facts to the impact of punitive damages and assessing the degree of reprehensibility of conduct. Assesses the superiority of collective protection under the paper disincentive situated in economic fundamentals of punitive damages. The conceptualization of mass damages is adopted, allocated in the scope of procedural law. It is concluded that when facing individual mass damages produced in a large scale, the most suitable way of obtaining an adequate level of dissuasion and reprehend the behavior of the offender is to make use of the collective action, the same way that the collective actions have proved to be superior because of the legitimacy that lies on the right to evidence of the relevant facts in order to characterize the incidence of the punitive damages and assess the degree of reprehensibility of the conduct.Item Acesso aberto (Open Access) Os direitos humanos de acessibilidade e locomoção das pessoas com necessidades especiais: a realidade paraense, com ênfase em Belém/PA(Universidade Federal do Pará, 2008) RAIOL, Raimundo Wilson Gama; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794It presents the problematic daily faced by people with special necessities toward the archtecturing barriers in building destinied for public use and in collective transportation means, as well as toward the lack of accessible equipment and elements of the urban facilities. It makes use of survyed data about the people mentioned above. It analizes this problematic under the focus of human rights. It points out the indispensability of eliminating or adaptating the barriers mentioned above. It shows how the issue is dealt with by the international rules and how it is substantiated in national and state constitutional rules, in town organic laws and in infraconstituinal legislation specific in federal, provincial, and town levels, as well as in technical rules. It presents the precariousness of the physic-environmental structures, mainly in the town of Belém, State of Pará. It contains proposals for the maintenance of the accessibility and locomotion rules of the people involved and the concretion of these human rights.Item Acesso aberto (Open Access) Direitos humanos, tráfico de pessoas e exploração sexual de mulheres, em Belém-Pará-Brasil(Universidade Federal do Pará, 2010-12-20) SMITH, Andreza do Socorro Pantoja de Oliveira; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048The trafficking in persons is a contemporary form of freedom constraint and intensively affects lives of women, as victims of this crime of human rights violation. To address this problem the international community adopted the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. The Master’ degree thesis works with several trafficking in persons’ concept in international and national standards, giving evidence to their underlying concerns. It establishes a comparative study to verify the compliance of the first to the second standard, analyzing the domestic law and the international protocol. It is presented the relevant links between migration and trafficking in persons indicating the several form of traffickers´ action in different places of the world and, particularly in Belém – Pará – Brazil, where as pest the trafficking infests the gardens in which the path of trafficked women (known as flowers) report their experiences that reveal violation of human rights to freedom, since they were victims of trafficking for sexual exploitation. It indicates possible directions to combat the trafficking of women for sexual exploitation, since its analysis noted that the domestic law is insufficient to punish the mentioned crime. It testifies that the combating of trafficking in persons in Amazon Region will be effective if it is established under a domestic law in accordance to international Protocol and, especially, under public policies that guarantee human rights for women.Item Acesso aberto (Open Access) O lucro do ofensor como critério de quantificação das indenizações por danos morais(Universidade Federal do Pará, 2018-03-15) FAMPA, Daniel Silva; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324The present study aims to analyze to what extent the offender's profit can be considered a criterion in relation to the quantum of damages fixed by way of moral damages. It adopts the deductive method throughout the investigation, supported by bibliographical research and caselaw survey to confront the hypotheses of the work. In order to answer the problem question, it initially examines the interlocution between the functions of civil liability contemporaneously diffused. It considers compensation to be a dimension of the reparatory function, being essential to adapt this function to the regulations of moral damages, since these are incompatible with the logic of returning to the status quo ante. It contextualizes the reparation of damages in the constitutional system of prime protection to the dignity of human beings, gauging the effects that emanate from the incidence of the ideal of personalization in relations set among individuals. Through a research in the Federal Supreme Court’s virtual database of decisions, it reports the stages of the process of acceptance of moral damages in Brazil, from its unrestricted rejection to its insertion in the Federal Constitution of 1988. In addition, it discusses the most widespread attempts of their conceptualization, accepting, among the proposals that qualify them as a violation of human dignity, the one which is friendlier to the requirement of integral protection of individuals, since this expands the range of possibilities of legal goods that are compensated in case of violation. It acknowledges that the need for compensation for such damages represented the effective entrance door for "new" functions of civil liability in Brazil, since the equitable arbitration, as a model of quantification, grants the judges greater freedom, regarding to the stipulation of the quantum of damages, allowing them to consider criteria that cannot be considered reparatory. First, it examines the problem of quantification from the comparison between the ‘law pricing’ and ‘the equitable arbitration by the judge’ models, indicating their respective manifestations in the internal legal system. It investigates the main criteria of quantification adopted by the Brazilian Courts today, including consideration of the biphasic method, absorbed by the Superior Court of Justice in its law-cases. It explores the teleological connections that the offender's profit parameter holds with the civil liability functions, identifying the possibilities of a double dimension of the damage suffered by the victims in these cases. It concludes that the criterion investigated has a clear reparatory purpose in relation to the offender; therefore, it is not necessary to evoke the punitive or preventive function to support its applicability. Without prejudice to the preceding idea, it is possible to consider a punitive or dissuasive approach in cases of malice or gross fault by the offender, and it is essential that the judges observe, in stipulating the quantum of damages, the nature of the right which was injured, especially considering the extent of right-holders (whether individual or trans individual), which may cause changes in the quantum defined.Item Acesso aberto (Open Access) Possibilidade jurídica de adoção por casais homoafetivos(Universidade Federal do Pará, 2012) MARÇAL, Sílvia Silva Vargas; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216This research seeks to examine in detail the legal position of the recognition of homosexual rights deriving from their social interactions with their peers. Offering mainly aimed at addressing the feasibility of adoption by homosexual couples as an expression of respect for fundamental rights and guarantees of man and citizen and as unambiguously development and social inclusion. This is because not only recognizes the practical relations homoafetivas the character of a family unit - safeguarded by the principle of equality, as understand the Supreme Court (STF) in the ADI decision nº. 4277-DF, judged on 05 May 2011, which recognized unions as stable unions between persons of the same sex since met the legal requirements - like, likewise, contemplates and ensures the rights of children and adolescents a safe and healthy home environment, able to provide them with adequate physical, mental and moral.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) A responsabilidade civil objetiva como dever fundamental e sua incidência nas relações privadas(Universidade Federal do Pará, 2012) SILVA, Adelvan Oliverio; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324The work examines sociological and philosophical foundations of objective liability, specifically the responsibility by the "risk". it assumes that the way most of the civilian doctrine analyzes the institution mitigates the potential for strict liability to be understood as an element of organization of functionally differentiated, characterized by excessive complexity and the radical contingency that permeate the communication made between social systems, among humans and between these and those. it concludes that the risk is an unsurpassed feature of complex societies, and analyzing the consequences of that for the formation of the human been who can commit to a political life, it proposes, based mainly on the philosophical studies of Paul Ricoeur and dogmatic constitutional robert alexy, that liability is objectively high level legal and moral duty of the fundamental subjects of law, primarily in the bulge between the relations among individuals.Item Acesso aberto (Open Access) A responsabilidade civil objetiva como mecanismo de concretização dos direitos fundamentais no âmbito das relações privadas(Universidade Federal do Pará, 2010-08-13) COSTA, Élida de Cássia Mamede da; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324This work proposes to accent the objective civil responsibility based in risk theory as a way to perform fundamentals rights / human rights / personality rights in privates juridical relations, because there was capacity to enlarge the possibility of victims of moral and materials damages be compensated without to prove or discussion about agent‟s guilt. So, disciplining society and relations presents as “risked”, this work aspires to ratify the legislative progress about this subject matter as a step to protect fundamental rights. At second, this article will show briefly the relation between civil responsibility and human dignity, always examining victims‟ situation. The present work investigates, at end, the fundamentals rights‟ efficacy in objective civil responsibility plan, searching parameters to solve the conflict between fundamental rights in privates juridical relations, showing the social sociability and the private right.Item Acesso aberto (Open Access) A responsabilidade civil objetiva como mecanismo de repersonalização do direito civil: uma análise do artigo 927, parágrafo único, do Código Civil(Universidade Federal do Pará, 2009-09-30) DUARTE, Bruno Ferreira Montenegro; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324This paper examine in depth the Office of liability under the prism of the New Civil Code. At first look at the constitution of civil law as axiological basis of the current liability. In a second review the Office of liability objective is addressing their origin, their foundation and their theories. Finally it presents the theory of risk in the Brazilian ranking civil identifying their origin, their assumptions, their concepts, and intense approach to Article 927 of the Civil Code. It is the real meaning of the theory of risk and its application in the Brazilian legal system as objective of justice.Item Acesso aberto (Open Access) Responsabilidade civil: dever jurídico fundamental(Universidade Federal do Pará, 2009-08-31) MATTOS, Paula Frassinetti Coutinho da Silva; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324Law was called to debate about its suitability to the actual agreement that fundamental rights are immediately effective, enforcing principles instead of positivistic legalism. In this context, civil liability appears as an institute able to resize Law, even to rupture the classical public-private dichotomy toward a social-based model. This remodeling brings to light the objective liability doctrine, charging those who earn benefits with some action, disconnecting it from the subjective guilt aspect, rooted to the modernity’s paradigm. This dissertation intends to show that the civil liability is, in the postmodern society, an effective instrument of fundamental rights. To achieve this goal, this study repositioned legal categories that hold the position of assumptions of civil liability such as private autonomy, legal duty, damage, injury and repair. The research was based on literature and, although wishing to participate on a global discussion (at least western speaking), it focuses on the analysis of the brazilian reality. In order to accomplish it, I analyze the single paragraph of article 987 of “Código Civil Brasileiro” from 2002 to present it as an important step toward the necessary social functionalization that permeates civil law. Besides the idea that objective civil liability answers better the demands of contemporary society, this study also presents some thoughts about the existing legal apparatus to suggest that its structure needs to be adjusted to the effectiveness of fundamental rights.Item Acesso aberto (Open Access) A situação econômica das partes como critério distributivo na quantificação das indenizações(Universidade Federal do Pará, 2018-05-11) SILVA, João Vitor Penna e; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324This work aims to analyze if the criteria of “economic situation of parties”, as criteria of damages quantification that is discussed by Brazilian legal scholarship and legal precedents, can be interpreted as a instrumentalization of principles of distributive justice. To do this, it analyzes the problem of the damages quantification in Brazilian legal practice, pointing possible ways of how economic situation of defendant and plaintiff can be taken in consideration. After that, analyzes this applications of the criteria based on the philosophical discussion about the foundations of Tort Law, especially centered on the debate about the concepts of corrective and distributive justice. Then, maintains the hypothesis that it is possible to interpret the criteria as incorporating principles of distributive justice, making a re-reading of the criteria based on this concept. Therefore, it is eminently a theoretical research, since it aims to interpret, based on philosophical concepts, arguments used by Brazilian legal scholarship and legal precedents. As a result, maintains that the criteria implies a redistribution of the burdens of damages according to the wealth of the parties. It concludes that this interpretation does not introduce contradictions in the Brazilian tort system and argues that the criteria requires a joint assessment of the economic situation of the plaintiff and the defendant.