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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/6884704999022918
Creating 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.
Acesso aberto (Open Access)
Consulta prévia no Estado do Pará: um estudo sob a perspectiva interdisciplinar da participação
(Universidade Federal do Pará, 2019-06-11) MENDONÇA, Ygor de Siqueira Mendes; SIMONIAN, Ligia Terezinha Lopes; http://lattes.cnpq.br/6620574987436911
The historical process in favor of the rights of traditional peoples and communities runs from the period of the Industrial Revolution to the current hierarchical relations of power in society. In this context, the creation of Convention 169 (C169) of the International Labour Organization (ILO) aimed to break the integrationist character of these humanitarian groups into national society and to promote, above all, the autonomy and self-determination of its subjects. By establishing the right to the Free, Prior and Informed Consent (FPIC) whenever administrative or legislative laws affect their way of life, development and subsistence, C169 has also sought to ensure the full participation of these actors in making decisions, especially through intercultural dialogue and communicative actions among those interested in the construction of laws. However, because of the existing regulatory shortcomings in the immediate effects and the means by which the consultation has been realized, the paths traced to the present moment are directed at the ineffectiveness in guarantee the traditional communities rights. For this reason, it is incumbent upon governments to promote adequate instruments to guarantee consultation and legitimize participation, to focus on participation itself, which limits consultation to a mere space for the exchange of information and limits the hierarchical power. Thus, in order to resolve the obstacles of the Free and Informed Consent in a regional context, the state government of Pará promulgated Executive Decrees 1.969/2018 and 2.061/2018. The result of the state's conduct came with the strengthening of the selfenforceability of FPIC's right, which opposed to an explicit violation of the right to participate. Thus, and in view of the need to promote an up-to-date look at the Free and Informed Consent right, it is the general objective of this dissertation to analyze government conduct in contraposition to the right to FPIC, specially participation. Therefore, from an interdisciplinary approach, the methodological procedures are based on a research of a qualitative nature and constructed through the hypothetical-deductive method. The research procedure adopted was the study case and the research techniques were focused on the collection of documentary, bibliographic data and interviews with two representatives of traditional communities of Para. From this methodological structure, it was possible to conclude by the misguided and contradictory conduct of the Para government, that the violation of the C169 proved to be uncontroversial, especially in light of the prior and proper participation. In addition, it was concluded that, as an alternative to attempts to regulate the right of Free and Informed Consent, the Consultative Protocols have gained space and normative force as an instrument of empowerment and self-government of traditional peoples and communities, in order to allow the formalization of their respective aspirations, worldviews and internal demands. In this direction, it is incumbent upon the State to promote awareness, feasibility and, above all, the full effectiveness of these instruments, as well as the creation of effective participatory spaces that consolidate the growth of ascendant power beyond the requirement of consent or attempts in their standardization.
Acesso aberto (Open Access)
O Modelo policial e as políticas institucionais no controle da violência e da criminalidade: um estudo na Polícia Civil do Pará
(Universidade Federal do Pará, 2013-04-05) BEZERRA, Thais Maia Carvalho; PONT VIDAL, Josep; http://lattes.cnpq.br/4415362518177732
According to the Brazilian Federal Constitution of 1988, public safety is the State's duty, right and responsibility of all. It is practiced in several levels of responsibilities by police institutions and other organizations. The main objectives are maintaining the public order and people and properties safety as well as ensuring the fulfillment of the democratic State of law. On the state level, the Civil Police is one of the organs responsible for ensuring the society protection, having an organizational structure and a management focused on performing its institutional mission. Given this scenario of information and research lacks about the institutions in the state of Pará, in special those related to public safety, this study investigates the policing model adopted in the Civil Police of Pará regarding the organizational structure and the management of the organ as well as institutional policies accomplished with the purpose to control the violence and crime in the State. As result it is observed that the Civil Police of Para is organized structurally on direction, advisory and and others departments which reinforcing the exercise of police activity. Its highest individual representation is the General Delegate of the Civil Police. Regarding the management of the institution, this work suggests that the centralization and bureaucratization are presented in the execution of their activities. Moreover, institutional policies, such as the Revolving Fund and the Policy Integrationist, contribute to an evolution in relation to managerial decentralization of activities. Here it is demonstrated that the organizational structure and management as well as institutional policies can influence the development of police work. It is important to highlight that these variables are the main bases for the implementation of the main police activity: the protection of human dignity. This work is characterized as inedited and pioneering, and may serve as support for implementation of public policy more assertive and adjusted to the society requirements.
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/7471628624621314
Multiculturalism 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.
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/6884704999022918
It 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.
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/7471628624621314
This 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.
Acesso aberto (Open Access)
Regularização fundiária de assentamentos urbanos informais: fator de fixação de população de baixa renda ou promoção do mercado imobiliário formal? o caso do Assentamento Bengui - Etapa 2, Belém-PA
(Universidade Federal do Pará, 2019-06-28) SILVA, Maria do Carmo Campos da; ARAGÓN VACA, Luis Eduardo; http://lattes.cnpq.br/2713210031909963
This study deals with the urban land regularization of social interest, which as a public policy aims to guarantee the social right to housing, through the adoption of legal, urban, social and environmental measures for predominantly low-income families that informally occupy urban spaces. The research was carried out in the informal urban settlement called Bengui - Etapa 2 located in the Bengui neighborhood, which was subject to land regularization in 2013 Programa Municipal de Regularização Fundiária do Município de Belém “Chão Legal”. The study analyzed whether these actions contributed to the permanence of families in the regularized settlement or if they only made it possible to enter new lots in the formal real estate market. The research combined evidence of quantitative and qualitative orders, and identified that of the 287 regularized lots, the number of families that remained after regularization was above ninety per cent. Through interviews it was obtained the point of view of the residents as to the factors that contribute to the families that have had their regularized properties remain or abandon the settlement after land regularization, as well as the factors that induce other people to seek this area as a place of residence. A brief analysis was also carried out on the real estate valuation in the settlement and in the Bengui neighborhood under the perspective of appropriation of this valuation by the real estate market, by the municipality and by the residents. For the residents of the Bengui-Step 2 settlement, the location of real estate, which favors access to the various services used in their daily lives, is the most relevant factor for the permanence of the families in the place, and as complementary factors related: the existing infrastructure at local level even if it does not meet all of their needs, the already established support links in the area and the security they attribute to the titling of their property against possible threats of eviction, as occurs in areas not regularized in the name of the occupants. Despite recognizing the appreciation of real estate arising from land regularization, they were not likely to dispose of their regularized lots