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 PUBLICO::DIREITO ADMINISTRATIVO"
Agora exibindo 1 - 4 de 4
- Resultados por página
- Opções de Ordenação
Item Acesso aberto (Open Access) Áreas protegidas na Amazônia brasileira como instrumento de gestão ambiental: a situação do município de Oriximiná, estado do Pará(Universidade Federal do Pará, 2013) FLORES, Maria do Socorro Almeida; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918Creating intervention restricted environments from the expansion of human activities was the model used by industrialized countries to preserve remaining ecosystems of their development process. Brazil adopted this restrictive model through the creation of protected areas, among other instruments. This thesis examines the establishment of protected areas as an instrument of environmental policy in the brazilian Amazon to use as empirical observation units the protected areas in the Calha Norte region, in the State of Pará, which corresponds to a region with low human impact and, as an area located in the endemism guiana region, high concentration of biodiversity, as well as the presence of considerable sociobiodiversity (indigenous civilizations, Quilombola communities and traditional populations). This thesis examines this issue considering the possibility to visualize in environmental management the sustainability of the biodiversity maintaining, which includes respectively the physical basis, the nature resources and the cultural, religious and indigenous peoples ways of life, the Quilombola remaining communities and traditional populations in the region. The primary goal of this thesis is to show that the legal protection of biodiversity and socio-biodiversity is intrinsically related to the concept of bio-responsability, which is based on a set of factors such as legal, political, administrative and economic establish relationships between them to ensure environment sustainability not only as a passive legal good, but as a dynamic allocation process, contributing with the elements to construction of a new meaning for the biodiversity protection, which includes especially the sociobiodiversity by considering the protected areas as one of the instruments for this conceptualization.Item 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/7471628624621314Multiculturalism 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.Item Acesso aberto (Open Access) Ordenamento territorial e planejamento municipal: estudo de caso das limitacões supralocais à aplicação do art. 30, viii da constituição de 1988 pelo município de Parauapebas, Pará(Universidade Federal do Pará, 2014) FISCHER, Luly Rodrigues da Cunha; ETIEN, Robert; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918It aims to verify how municipalities can apply the Brazilian Legal System’s laws of territorial impact in a hierarchic, integrated and coordinated way to its planning. The scope of this analysis is limited to the Municipality of Parauapebas, in the State of Pará. This municipality fournishes a general overview of the existing legal problems in terms of land use in the Brazilian Amazon. It uses the empirical method and the case study technique. The result os this research is divided in four section. At first, it is analysed the exploitation and development projets in Amazonia since the colonial times, in order to demonstrate the changes operated in the legal system to enable the intervention of the State in the use of the territoiry. In the second part it is analysed the constitutional dispositions regarding the land use, urbanism, agrarian activities, mining and environment in order to identify the legal requirements to be followed by local planners. In the second section it is also analysed federal and State laws that influence the local planning, as well as supralocal instruments of territorial planning. In the third it is verified if the Parauapebas planning meets the supralocal legal requirements analysed in the previous sections. In the last section, it is analysed the European and French land use regulations are applied to the French Guiana in order to understand how the particularities of the Amazon region are regulated, but without the scope to compare the Brazilian and French systems. This analysis led to the conclusion that the Brazilian Legal System limits its land use regulation to the use regionalized planning instruments and sectorial polities of territorial impact, with few differentiations for the Amazon region, but there are not instruments to coordinate the effects of these policies ate the national and regional level. The municipality is the only level of the Federation legally bound to create a land use planning law. The local autonomy is conformed by supralocal laws and policies. The local land use planning and the exercice of the municipal police power are extensible to the whole territory, but they have different effects over it according to the existing land tenure.Item 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/7471628624621314This 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.