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Acesso aberto (Open Access)
Análise da autonomia das populações tradicionais no manejo comunitário de recursos florestais madeireiros em unidade de conservação da Amazônia
(Universidade Federal do Pará, 2017-04-25) PACHECO, Jéssica dos Santos; AZEVEDO-RAMOS, Claudia; http://lattes.cnpq.br/1968630321407619
The present study aim to analyze the degree of autonomy of the traditional populations in the timber community forest management (CFM) in federal protected areas (UC) of the Brazilian Amazon. To do so, it was evaluated (1) the perception of stakeholders in two UCs and (2) the legal instruments and regulatory provisions that could influence this autonomy. In total, 111 stakeholders from the RESEX Verde Para Sempre (VPS) and the Tapajós National Forest (FLONA Tapajós) were interviewed among the Government, Community and Partner Organizations segments. The perception was evaluated by SWOT analysis and 5-level Likert scale satisfaction questionnaires. Relevant documents on the MFC used in the UCs (minutes, reports, diagnoses, among others) were also evaluated. Decision makers from the main federal environmental agencies in Brasilia were also interviewed. The results showed that the dependence of annual permits from the ICMBio and the administrative procedures of the MFC directly interfere in the autonomy of the traditional populations, although they are of exclusive obligations of the environmental agencies. In the initiatives studied, there was relative satisfaction on the autonomy of the traditional populations. However, governmental interference occurred in both cases. In the FLONA Tapajós, the governmental administrative structure has affected the freedom of the community to define its productive choices, mainly due to the outdated management plan of the UC. Also, the autonomy to organize and manage forest production has been restricted at RESEX VpS, both due to its financial dependence on partner organizations and the time lapse until management license is approved. The legal instruments and regulatory provisions of the MFC in UC are the main inducers of this scenario. It was verified that these instruments are constituted by rules of territorial, procedural and technical dimensions that, to a greater or lesser extent, interfere in the community autonomy in the management of the forest resource, in the process of obtaining the MFC license, and in the techniques required in the activity. The failure to comply with the legal determination to create differentiated provisions of sustainable forest management plans adapted to community needs has conditioned traditional communities to standardized technical requirements, to the detriment of the constitutional and legal recognition of their livelihood rights. Some priority changes in the regulations were identified and proposed in this study. It was concluded that the simplification of some instruments could increase the degree of autonomy in the timber CFM allowing its multiplication in the Amazon region, while ensuring, at the same time, a balanced and effective control by the State over public forests in common ownership.
Acesso aberto (Open Access)
Análise da metodologia de gradação de impacto ambiental para cálculo de compensação ambiental no estado do Pará
(Universidade Federal do Pará, 2010-02-10) PEREIRA, Nívia Gláucia Pinto; SZLAFSZTEIN, Claudio Fabian; http://lattes.cnpq.br/1348005678649555
This work aims to analyze the methodology of environmental impact gradation in order to calculate the environmental compensation in the State of Pará established in the Regulatory Statement 006/2007. Environmental compensation is an instrument of the National Environmental Policy stated by the National System of Conservation Unit – SNUC (Federal Law 9985 of July, 18 of 2000), being obligatory for projects that cause significant environmental impact. It compensates the negative impacts, through the establishment and/or maintenance of the conservation units of total protection. The Law 9985 determines that the licensor is responsible for developing a methodology that calculates the value of environmental compensation based on the impact degree. However, in April 2008, the Federal Supreme Court decided that the art. 36th of SNUC became unconstitutional, so the States already had methodology would manage to new definitions for the application of environmental compensation. After the discussion of important concepts, the methodology is examined and possible elements to be changed are identifies in order to adapt the methodology to the environmental conditions of the State of Pará. Finally, a study case is presented comparing the results between the original and the proposed methodology. The work develops in a scientific and political context, where they were used laws, articles, scientific publications and technical discussions to formulate a new proposal for the methodology.
Acesso aberto (Open Access)
A justiça ambiental e os grandes empreendimentos do setor elétrico na Amazônia paraense
(Universidade Federal do Pará, 2015-06-18) BITTENCOURT, Márcio Teixeira; VASCONCELLOS SOBRINHO, Mário; http://lattes.cnpq.br/7843288526039148; ROCHA, Gilberto de Miranda; http://lattes.cnpq.br/2436176783315749
This research presents a critical and contemporary analysis of environmental justice and the large enterprises in the electricity sector of the Amazon-Pará. It discusses the environmental fair and unfair regarding the disproportionate imposition of environmental hazards in the context of local developments in opposition to the unequal distribution of access to essential energy and telecommunications services and to the justice itself. It contemplates the environmental, social and ethical of sustainability and local development and the right to ethical, balanced use of natural resources in opposition to social and environmental impacts supported by the judiciary system on the quantitative and qualitative increase in processes demand with direct and indirect relationships with the enterprise. Starting from an analysis of the Brazilian Electric Sector in national dimension contemplating the Brazilian territory, then a state approach related to the Pará Amazon, to deepen in the region of Northern Amazon (Calha Norte), with case studies of two large projects in the Brazilian Electricity Sector namely: Hydroelectric of Santo Antonio do Jari and Linhão Tucuruí-Macapá-Manaus, installed in the municipality of Almeirim – Pará. To this end, it was performed quantitative and qualitative surveys of lawsuits related mainly to the violation of human rights in under the Pará State Court in counties that are running large enterprises. In summary, the study aims to examine whether there is a direct relationship between the installation of the projects and the impacts on adjudication. It was also analyzed to what extent the impact on adjudication because of the electricity sector projects installation can be considered social and environmental impact, while a social variable assessment of environmental equity. It is proposed measures to overcome the environmental unfair and therefore perform the Environmental Justice. Among them: Consider the quantitative and qualitative increase in processes in municipalities where the enterprises as social and environmental impact are installed, including them as indicators of the Environmental Impact Study and Environmental Impact Report; To establish that the undertakings of the electricity sector include access to local communities regarding the immediate access to essential public energy services; And in the case of transmission lines where there is sharing with the transmission of optical fiber cables, it should contemplate local communities with access to basic telecommunications services.
Acesso aberto (Open Access)
Legislação, imposição e infração ambiental: uma análise de discursos e práticas em assentamento ambientalmente diferenciado em Anapu
(Universidade Federal do Pará, 2017-04-28) SOUSA, Laís Victória Ferreira de; PORRO, Roberto; http://lattes.cnpq.br/2282097420081043
The Virola-Jatobá Sustainable Development Project (PDS) is considered an environmentally differentiated settlement, because it has in its guidelines the insertion of rural workers who carry out activities of low environmental impact. The settlement received in 2015 a Notice of Infringement from the State of Pará Environmental Secretary (SEMAS). It blamed the settlers for unauthorized deforestation, generating among insecurity regarding the accomplishment of their subsistence activities. Deforested areas were, to a great extent, located in the so-called areas of alternative use, land plots made available to settlers to carry out their agricultural practices. This work seeks to assess how settlers perceive the effect of State action in their activities, through the enforcement of environmental legislation. Firstly, we sought to systematize the environmental legislation related to the activities carried out by PDS Virola- Jatobá residents, discussing legislation and specificities of the area. As the settlers also received a notice for deforestation in permanent preservation areas, some of the settlement plots were mapped, assessing deforested areas. Subsequently interviews were applied to obtain settlers’ perception on these areas and on the factors that lead them to deforestation or not. To achieve the objectives, three semi-structured questionnaries were developed: one for residents addressing APPs, one for residents addressing livelihoods and environmental legislation, and another for public institutions’ officials working in the PDS. The main foundations considered in the interviews were citizens’ fundamental rights, the rights to access food, and the context in which the peasantry survives, and their relationship with the land. The findings were that the environmental legislation often does not take into account the specificities of the areas, also presenting the lack of dialogue between the institutions that work in the PDS. APPs are a wellknown topic among the interviewees, and the fundamental factor for deforesting or not the land is related to the main activities carried out by the residents. Those who crop the land have a greater share of forest in their land than those who are ranchers. In relation to settlers’ perception of the state, their narratives convey to it the notion of a "boss". It was also verified that state officials’ perspective expresses greater priority to the enforcement of the environmental legislation, than to settlers’ access to fundamental rights.
Acesso aberto (Open Access)
A natureza como sujeito de direitos?: as transformações do conceito de natureza e seu contexto de alienação no sudoeste do Pará, Brasil
(Universidade Federal do Pará, 2017-04-28) CORRÊA, Simy de Almeida; CASTRO, Edna Maria Ramos de; http://lattes.cnpq.br/4702941668727146; NAIM-GESBERT, Eric
The main effort of the rescue work was the transformation of the concept of nature in Western philosophy and relate the history of law, analytic categories such as power and domination of drawing a particular way the crisis process environmental as discussed today. The aim was to discuss the role of law as a science and as an instrument of power that historically only led party on a dominant status and a mastery of the crisis experienced and propagated today. In this sense, it is inevitable question of the Amazon, in particular the state of Pará with record of deforestation and conflict. The reflection of all the transformations are experienced daily in the region where the nature diametrically opposed visions of the life of a conflict and therefore within the force field agents to show their power and dictate the future of this location. A brief analysis of how lawyers are manifested in processes related to large projects in the western region of Para to illustrate the vision and the nature of the concepts learned by these important agents. But what could be really different in this whole journey that repeats throughout the world? At the end, we present the latest discussions on the social empowerment of officers who resist the secular domination. Nature as a subject of rights is not only a thought or a biocentric theoretical aspect, is a decolonization movement of thought and theoretical constructs Europeanized / Western and a building accountability agents that give identity to place, the Amazon.
Acesso aberto (Open Access)
O novo código florestal brasileiro e a gestão pública municipal na Amazônia: o caso de Paragominas
(Universidade Federal do Pará, 2015-11-10) NUNES, Adriana; FARIAS, André Luís Assunção de; http://lattes.cnpq.br/5310171409459863; MORAES, Sérgio Cardoso de; http://lattes.cnpq.br/4568311568729454
Three years after the enactment of the new Brazilian Forest Code, the horizon, as to its real contribution is not yet well defined. Main instrument that embodies the public policy of conservation of private forests and grounded in the principles of sustainable development, the new Code includes a series of controversies to be clarified and overcome challenges. The meaning of this law exceeds the present time, showing historical connections with conflicting social forms of appropriation of natural resources and the constant struggle of groups with power to weaken environmental standards. Such a context motivated this work we aimed to examine the practical experience of internalization of the new Code through the case study of the municipality of Paragominas (PA), explaining how the relaxation of provisions and the creation of the new instruments of the Forest Code repercussions the local environmental management, which, in turn, policies are transformed into concrete actions. Despite the analysis of the implementation process of a public policy instrument does not cover the final results, it serves as a procedural evaluation, allowing monitor and understand how its impacts are built. To analyze the actions, interactions and contradictions of the new Code, the work has its foundations in biology approaches Conservation and Ecology Policy in line; the observation and reflection of actions, processes and tools, conducted by local environmental management intersection with the new Code; and the application of interviews with managers and municipal leaders. As for the results, are registered in the following pages, the intricacies of a new scenario, in which the implementation of the new Code proves challenging and largely solitary for municipalities; but still, can yield some progress in control and environmental planning, due to the new instruments. However, there appeared a "new" full of contradictions for the conservation of forest resources and impregnated unsustainable struggle for expansion of private ownership of natural resources, where there are subtle dynamics, but intense in the ability to promote environmental change.
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 regulação do acesso aos conhecimentos tradicionais associados a recursos genéticos no Brasil: a experiência do Amapá
(Universidade Federal do Pará, 2016-08-26) TOLEDO, Grayton Tavares; BARBOSA, Wagner Luiz Ramos; http://lattes.cnpq.br/1372405563294070; BASTOS, Rodolpho Zahluth; http://lattes.cnpq.br/0697476638482653
This work is based on the Convention on Biological Diversity (CBD), which has as main objectives: the conservation of biodiversity; the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the access and utilization of genetic resources. This work deals on the implementation of the discussion of the main safeguard instruments of the rights of peoples and traditional communities, present in the CBD when it comes to arrangements for access and benefit sharing (ABS), analyzing the national regulatory frameworks – Medida Provisória (MP) 2186-16/2001 and Federal Law 13,123/2015. The author has analyzed the Federal Law 13,123/2015 as the major changes introduced and the possible need to establish additional state law and, as confirmed this need, he proposed replacing the State Law 0388/1997, of the Amapá. This analysis was based on two case studies of the State of Amapá: i) Rio Iratapuru Sustainable Development Reserve (RDSI) - first request for access to genetic resources and associated traditional knowledge, authorized by the Managing Council of Genetic Patrimony (CGen) in Brazil, by the cosmetics company Natura, with benefit sharing, for the commercial use of resin of breu branco (Protium pallidum); and ii) Bailique Community Protocol - experience of elaboration of the Protocol by the traditional communities, supported by different institutions - coordinated by the NGO Grupo de Trabalho Amazônico (GTA). With Law 13,123/2015 regulated, it was observed that, in fact, it seems that the ABS regime process in Brazil has been simplified. This is being considered positive for the research to our genetic resources. However, it can also be used by people/unscrupulous companies that can take advantage of this not to share benefits or even practicing biopiracy. However, there are still many doubts if the new law will ensure the fair and equitable sharing of benefits arising from access to genetic resources, as defined in the CBD and the Nagoya Protocol. It is also concluded that states and municipalities will need to supplement federal general law, with its own laws, in order to ensure that areas under their jurisdiction and traditional communities have their rights safeguarded.
Acesso aberto (Open Access)
A regularização fundiária urbana e o acesso à justiça ambiental: a mediação na regularização fundiária urbana e ambiental no estado do Pará
(Universidade Federal do Pará, 2023-05-09) BITTENCOURT, Márcio Teixeira; ROCHA, Gilberto de Miranda; http://lattes.cnpq.br/2436176783315749; TOLEDO, Peter Mann de; http://lattes.cnpq.br/3990234183124986
Specialized technical mediation is one of the forms of access to Environmental Justice to contribute to the implementation of land (register) urbanistic and environmental (Reurb) regularization in the Amazon. The research built inter-institutional specialized technical mediation dynamics, with the purpose of territorial requalification, taking into account the prevention of environmental disasters. The specific objectives collaborate with the reconstruction of the Environmental Justice System through the application of interinstitutional mediation techniques in the four phases of the Environmental Justice System, (Administrative, Pre-Procedural, Procedural and Post-Procedural), presented as Technical Products of the Thesis. Faced with the need to train professionals capable of specialized technical mediation of conflicts, technical products from the training axis are presented, including specific objectives. The research considers necessary a requalification of professionals to be able to manage the territory for present and future generations and not a training aimed at producing more while spending less and less. More than one research model is presented, the main one being the territorial approach to development as action research, that is, while the research was being carried out the technical products were under construction. Jurimetry analysis was used to present the non-materialization of conflicts. Thus, the nucleus of environmental conciliation had been directed to the filing of environmental assessments and not to the treatment and accountability for territorial conflicts. Jurimetrically, the research used biostatistics to make correlations between deforestation rates, environmental assessments and environmental processes of specialized judicial units in the Metropolitan Region of Belém. Noting that since 2018 the trend has been an increase in deforestation rates, with a decrease in environmental assessments and, consequently, a decrease in environmental processes. Paradoxically, if there are no environmental processes, the territory is pacified and there are no reasons to invest in access to Environmental Justice. In the final considerations, objective propositions will be presented to contribute to the treatment of territorial conflicts with emphasis on the Reconstruction of the Environmental Justice System.
Acesso aberto (Open Access)
A sustentabilidade e seu caráter fundamental à luz do pensamento Marxista
(Universidade Federal do Pará, 2016-09-02) SILVA, Kézia Barbosa da; ALBUQUERQUE, Marcos Prado de; http://lattes.cnpq.br/6708762243635100
The research aims at the analysis of sustainability and is fundamental character in Brazilian law in the light of Marxixt thought, focusing on anthopocentrism paradigms, ecocentrism and sustainnability-centrism. To this end, we use the bibliographical research and the method of content analysis, takin as reference the Marxixt thought jOHN bELLAMY Foster Constitution and infra-constitutional laws. We analyzed the correlation of sustentainability with the principle of human dignity, with the constitucional principle of the anthropocentrism, ecocentrism and sustaincentrism paradigms, the the analysis of perpective, that demonstrates the effects of the capitalist mode of production inthe relationship man-nature, we suggest the need to reflect about sustainability inthe current minimize the alienation of man from nature.
Acesso aberto (Open Access)
Terras devolutas no pós 1988: repercussões da jurisprudência dos tribunais superiores brasileiros na estrutura fundiária da Amazônia Legal
(Universidade Federal do Pará, 2018-05-22) SILVA, Eymmy Gabrielly Rodrigues da; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
Aims to analyze how the Brazilian Superior Courts’ decision, in the judgments of prescription and discriminatory actions of vacant lands in post-1988 have repercussions on the land structure of the Legal Amazon. It was delimited three specific objectives, which correspond to the sections of this dissertation: to present a history of the origin of vacant lands in Brazil and the discussions about its concepts and legal regime takin into account the public domain and the formation of private property in Brazil, its legislative changes that had repercussions in the identification of these lands, criteria of ownership, functionality, availability, destination for agrarian reform and protection of natural ecosystem, and debates the impossibility of prescription after the Constitution of the Federative Republic of Brazil promulgation; to examine the prescription species in the Brazilian legal system, its requirements, the importance of this institute to those who comply with the social function of property, the burden of proof in these actions and the changes of the institute with Law nº 13.105/2015 and Law n. 13.465/2017, when disposing on the administrative prescription; to analyze the judgments of the Superior Brazilian Courts on prescription and discriminatory nature of vacant lands, and a critical reading based on Rodriguez (2013a) and Streck (2014; 2016), identifying the cases and relating them to the specificities of the land structure of the Legal Amazon. It was used as method of approach the deductive-analytical and method of procedure was monographic. It was concluded that in prescription actions, the application of thesis the lack of transcription in the real state registry does not generate the presumption that there is a vacant land, being the State burden of proof, without further observation on the factual issues of the cases, as it has been carried out by the STJ, based on previous STF judgments, can cause serious damage to the legal heritage of the Legal Amazon, through the legitimization of unproductive states. It was also concluded that discriminatory actions must be promoted in order to identify the residual assets, preferentially earmarked for agrarian reform and environmental protection.