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Desconhecido
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administrative structure has affected the freedom of the community to define its productive choices, mainly due to the outdated management plan of the UC.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.
Desconhecido
A Atuação de Defensoria Pública do Pará e a mulher encarcerada
(Universidade Federal do Pará, 2013-10-22) SANTOS, Daiane Lima dos; PONT VIDAL, Josep; http://lattes.cnpq.br/4415362518177732
This research analyses how the Public Defender of Pará is performing in regard to the social rights of women who are incarcerated in headquarters of criminal enforcement as from the law nº 054 de 2006. In order to this aim, the research feats the sentenced women profiles and verifies how the Public Defender performance through the judicial and extra judicial procedures are contributing to the social vulnerability decrease and to the enlargement of the incarcerated women’s social, economic and cultural capital. This study uses the concepts of habitus; field; economic capital; cultural capital; the symbolic power of Bourdieu; the poverty criminalization idea of Loic Wacquant and, Joan Scott, to the gender concept. Methodologically, the research is classified as a case study in the State of Pará with data collection during October and November (2012), and which has the following Recovery Centers as locus of research: CRF (Ananindeua); CRAMA (Maraba) and CRASHM (Santarém); allowing comparisons between them. The research uses both quantitative approach with a questionnaire to all the volunteers women (202 of the universe of 275 incarcerated and sentenced women) and analysis reports. This study also has realized a descriptive analysis of the obtained data, EXCEL and SPSS.17, during the preparing of graphs, tables and inferential analysis (chi-square test of independence). As the qualitative approach, this one has used the semi-structured interview applied to the public defenders and to the local group in CRF, counting on the posterior triangulation of data; concluding that the incarcerated women represent a vulnerable group with low economic, cultural and social capital, facing difficulty to the health access. The access to justice is not fully effected either, in regard to their social rights, which were only partially accorded through individual lawsuits and administrative actions, without the use of judicial collective or constitutional actions, being both the participation on public policies and the network acting too small.
Desconhecido
Direitos sexuais e políticas públicas: o combate à discriminação para a concretização dos direitos humanos de lésbicas, gays, bissexuais, travestis e transexuais (LGBT) no estado do Pará
(Universidade Federal do Pará, 2011) SOUZA JUNIOR, Samuel Luiz de; CONRADO, Monica Prates; http://lattes.cnpq.br/6141735247260273
The Public Policies constructed and implemented specifically for the LGBT community have been a parameter of state action in the first decade of this century, based on experiences in the same direction of policies to fight Aids since the early 80th century past. Accordingly the present work is focused on the stage of implementation of these policies, confined State of Pará, management of the executive branch state from 2007 to 2010. It is necessary to understand the mobilization and construction of LGBT movement for the achievement of government’s attention to their demands, considering also that the problem of discrimination pervades the intersectionality of various social indicators, constituents of brazilian society. Then, the objective is to qualify the demands of the LGBT Movement and Sexual Rights, undertood in the perspective of Human Rights, in order to achieve them, using as a possible instrument, public policies. Finally, we present a brief overview of how the connections made with the states in 90 years of the twentieth century and first decade of this century by the LGBT Movement allowed the construction of public policies articulated for this segment of society, to then analyze the particularities of the implementation of public policies in Pará, from the spreeches of the managers.
Desconhecido
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/4319696853704535
Doctrinal 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.
Desconhecido
Justiça restaurativa e violência doméstica cometida contra a mulher
(Universidade Federal do Pará, 2013) FABENI, Lorena Santiago; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
This study aimed to analyze the phenomenon of domestic violence from a new perspective. Look crime of domestic violence committee against women as disruption of interpersonal relationships and not as violation of the state. This new lens is offered for Restorative Justice. This coming fab original practices, mainly from New Zealand, Australia and Canada, there fore, outside the official justice system is being adapted to new social context sin several countries. In Brazil it is introduced from the official justice system, through the Courts for Children and Adolescents. Use from the justice system ready provides major breakthrough, because how as a complementary tool that assist sin the realization of justice from those involvedandap proved by the Judiciary. The challenge, therefore, is to extend its use for crimes committed against women in the home, because there are sensitive issues in this area that need to be care fully highlighted so that does not corrupt your purposes. Restorative justice offers the possibility of treating domestic conflict from the meeting author, victim and community together to see ka possible solution to the conflict. It is there for approachingits concept, with a view that is in constant construction, to identify and analyze its manifestations, off era vision of some Portuguese and Brazilian laws, which mayor may not have spaces for your legal and theoretical location, to explain the phenomenon of domestic violence and their specificities, especially with the presence of patriarchy in Brazilian society. To the end to present an experience prosecuted the Court of Rio Grande do Sul, confirming the necessity and usefulness of restorative justice in domestic violence.
Desconhecido
O liberalismo igualitário como fundamento de demandas individuais na judicialização da saúde
(Universidade Federal do Pará, 2017-11-24) LAMARÃO NETO, Homero; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
The purpose of this study is to demonstrate the possibility of filing individual actions for the postulation of benefits, such as medicines, treatment and supplies, in addition to the public policies established within SUS, with egalitarian liberalism as a theory of justice adequate to support this understanding In our legal system. To do so, we indicate John Rawls's theory as sufficient to support this consideration. We believe that the reading of Rawls's theory should not be read exclusively with an individualistic connotation, but especially with regard to the protection of individuals in the cooperative society, with the SUS functioning as one of the most important institutions of the basic structure of society. We argue that the SUS must be applied not only by equal but, above all, equitable access, and that society must face not only the financing of the health system, but also the management and corruption problems responsible for affecting our revenues. We highlight the positions taken by the Supreme Court in the judgment of individual actions postulating benefits beyond the SUS and the precedents that are being established to solve the phenomenon of health judicialization. We also highlight the role of the CNJ from the National Forum of Judiciary for Health, so that the Courts of Justice could optimize the procedural management and the solution of the cases.
Desconhecido
Organização e gestão dos núcleos de atendimento especializado da criança e do adolescente da Defensoria Pública do Pará
(Universidade Federal do Pará, 2013-04-19) BENTES, Nadia Maria; PONT VIDAL, Josep; http://lattes.cnpq.br/4415362518177732
The Public Defense Office is one of theessential institutions to the judicial function of the state, constitutionallyin charge of ensuring accessto justice to the legally needy population, through legal orientation and judicial and extrajudicialdefensein all grades. In its institutional mission, it has specializedandinternalized the attendance in the children and youth field, implementing the Specialized Core of Attendance of Children and Adolescents (NAECA‟s ) in the capital andanother twelvecitiesof Pará. Due to thelack ofscientific studies that demonstratetheoretical solutions and resolution practices for the Public Defenders Office‟s organizational problems, this dissertation aims to analyze the management and organizational structure of NAECA‟s of the state of Pará‟sPublic Defense Office, in order to guarantee quality ofservice andfull protectionof childrenand adolescents. The methodologyused was systematic with a multiple study of case and, toconsolidate the obtained results, was usedthe systematic observation of the researched institution, by conductingsemi-structured interviews and its content analysis, seekingadescription of the contentexpressedin the communicationthatwas performed. A robustconceptual framework was applied for the research‟s reasoning about the organizations, the power relationships and the public management, supportwhich enabled the confirmation of the formulated hypotheses in the research and the achieve of the proposed objectives, concluding that the research‟s questionwas affirmatively answered, since it was possible to visualize the functioningof the organizational structureand the management of NAECA‟s and its interrelation, as well ashowthis structurehas contributed for the assurance of the quality ofservice andfull protectionof childrenand adolescents. In the research‟s conclusions, wasnoticeable that, despite the work that is beingperformed, fact that was proved in the research andthe project rediscovering theassisted, much remains to be done and the institution still suffers fromdeficiencies such as the need ofhigher investments, especially in physical and staff infrastructure. With all thesechallenges, the institutionruns into theinertiaof the public power to densifythe constitutional precept of ensure accessto justice through an institution that guarantees the citizen‟s rights on an equal footingwith the state-judge and the state-accuser and also in the lack of investments to the strengthening of theinstitution that has been fighting to establish itself and guarantee access to a fair legal order to the population of our state.
Desconhecido
Reconhecimento de territórios tradicionais: o contrato de concessão de direito real de uso enquanto instrumento de garantia do direito ao território tradicional
(Universidade Federal do Pará, 2010-12-10) ARAÚJO, Marlon Aurélio Tapajós; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
This dissertation is to study object recognition of traditional territories. Specifically, this was to assess the degree which granted autonomy to the region's traditional communities Juruti Velho, Juruti, Pará, through the Concession of Real Right to Use (CDRU) under Agroextrativista Project (LAP) led by Regional Superintendent of the Institute of Colonization and Agrarian Reform (INCRA) in Santarém. For this analysis was chosen as theoretical notions of legal pluralism, territoriality specific, agroecological possession, all point towards a right to traditional territory. Yet proceeded to a comparison between the model adopted for the regularization and the Extractive Reserves Project Agroextrativista since both draw on the CDRU for purposes and audiences alike, namely to ensure the right people to the territory and traditional communities. It concludes with an analysis of the specific situation of the traditional communities of Old Juruti from the norms to be established in the Management Plan as well as the mineral rights under the law of the territory. This analysis allowed to answer the question the research problem concerning the autonomy of traditional communities in the management of its territory.
Desconhecido
Reinvenções e permanências do sistema penal brasileiro: a criminalização dos grupos de poder como novo marco de renovação e fortalecimento do controle punitivo
(Universidade Federal do Pará, 2018-12-03) BRITO, Michelle Barbosa de; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
In recent years, the Brazilian criminal justice system has witnessed a movement focused on changing, or expanding, the trend of punitive agencies to punish subjects targeted by their actions. Criminalization processes have been intensified towards subjects whose positions were historically untouched by the punitive justice and, mainly, by the prison system. Such intensification process highlights the need of analyzing and investigating an alleged change in the understanding about the (undeclared) role played by criminal law as instrument used to socially exclude and neutralize unwanted groups. Based on the criminological-critical perspective, we collected and analyzed data about the actions taken by agents participating in control instances involved in the secondary criminalization of people who, despite their political and/or economic power, have been targeted by the punitive justice power for committing white-collar crimes. Factors contributing to the social construction of “criminality” were also analyzed, with emphasis to aspects associated with the public perception about the criminal matter, with the media, with criminal policies, as well as with social, political and economic contexts. The present research enabled reading and understanding about the aforementioned problem by taking into consideration elements of historically-based punitive endeavors. It was possible concluding that the movement witnessed in recent years towards the increased criminalization of individuals who hold political and/or economic power, and commit white-collar crimes, does not represent a punitive turning-point that tends to equal the incidence of criminal interventions. On the contrary, it integrates the logic that has outlined the exercise of punitive power, which was reinvented to suit the criminalized-subject conditions and the contemporary context.
Desconhecido
Responsabilidade ambiental nas queimadas urbanas no município de Cáceres-MT
(Universidade Federal do Pará, 2016-12-21) HORN, Marcelo Geraldo Coutinho; ALBUQUERQUE, Marcos Prado de; http://lattes.cnpq.br/6708762243635100
The environment is characterized as a space to be inhabited by society, with quality of life and dignity, since it is a constitutional and legal guarantee. Environmental law is a right that crosses borders, everyone’s right, because the consequences of environmental damage represent problems that will reflect in any local, regional, and global community. The fires have been highlighting over the years as one of the main environmental problems in Brazil and the State of Mato Grosso, by the number of outbreaks and by the emissions of gases that have affected the environment and the human health. Thus, the present work seeks to analyze the environmental legislation regarding fires, the criminalization, accountability of the polluter and judicial decisions, as well as the role of educational actions and the overcoming of fires in the context of Sustainable Cities. Responsibility is the mechanism that seeks to assign to those who engage in activities that pose a risk to someone or that is potentially polluting, imputing to the polluter the consequences for the damages caused. To the environmental responsibility it is also designated the assumption of restraining the damage and protecting the rights of the victim and safeguarding the right of the collectivity. The analysis of environmental responsibility for fires, makes it possible to ascertain the legal aspects intrinsic to the occurrence and criminalization of environmental damage, judicial decisions and possibilities for reparation, which aim to provide elements for appreciation by serving as examples to curb the burning and to support new studies and decisions. To contextualize the role of social actors involved in the process, the importance of public power, in the surveillance and enforcement of environmental law and the responsibility of the actors. Thus, the present work is justified in order to describe the legal aspects from the point of view of environmental law, concerning the practice of burning and its implications for the individual and the society, seeking a reflection to raise awareness of society on the subject.
Acesso aberto (Open Access)
Revisitando a legitimidade ativa "ad causam" do processo coletivo: o pensamento sistemático aberto fundando novos horizontes para a atuação do indivíduo membro do grupo
(Universidade Federal do Pará, 2016-07-21) SOUSA, Brahim Bitar de; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
The Brazilian Procedural Science is experiencing a time of deep changes in the role of jurisdiction and legal protection models of the various rights and interests, individual and collective ones. In this scenario, this study has the main purpose to analyze the admissibility model of collective process, precisely the question of active legitimacy for the proposition and conduction of Class Actions in order to investigate more efficient and justified perspectives for the adequate provision of collective protection. In this regard, will be objected the current statement of provocative inability of the individual to the development of judicial activity in the collective way, guided by the hypothesis that this peremptory denial of active legitimacy is a legal dogmatic error linked to a classical conception of system, while a conception of system based on openness (on the Canaris's model) allows a judgment that includes the class member among the legitimated subjects to the collective process in general, ensuring greater effectiveness and giving prestige to the legal principles that guide collective protection.