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Acesso aberto (Open Access)
Abuso incestuoso infantil: o poder judiciário garante a proteção integral da criança vítima?
(Universidade Federal do Pará, 2016-03-31) GUIMARÃES, Sandra Suely Moreira Lurine; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
Incestuous child abuse can already be considered a problem of public health due to its high incidence and the harm caused to the child’s development. The dynamics of this form of violence is complex and involves psychological, social and legal aspects. The present study aims to accomplish an approach on this theme starting from its social and legal interface. We shall argue that incestuous practice can compromise the balanced development of the child and thus deny her condition of subject of desire as well as her condition of subject of rights. In both forms of denial of subjectivity, the child is seen only as an object. Our goal has consisted in analyses how judiciary power brazilian has faced the cases of incestuous abuse, in order to investigate the treatment dispensed to the child victim. We discuss that the criminal model, grounded on punitivism is limited to punish the aggressor, relegating the victim to a secondary plan such that she plays only the role of probatory object in the process. Because of the, we sign that Restorative Justice, being an approach focused in the victim, is in line with Victimology, and is the proper legal model to interrupt this modality of violence. For it cares about repair and mainly because it contributes to the child’s resiliency process.
Acesso aberto (Open Access)
Ações afirmativas: a constitucionalidade da política de cotas para negros em universidades brasileiras
(Universidade Federal do Pará, 2013-11-01) ALMEIDA, Thaiana Bitti de Oliveira; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645
The object of this work is to demonstrate the possibility of implement quota for black people in brazilian universities aiming to reach material equality throughout affirmative actions, as a way of minimalizing the consequences of historically cultivated prejudices that are still alive in our society under forms of discrimination. To accomplish this goal, we have proceeded to the analysis of the principle of equality and non-discrimination, linked to the principle of human dignity according to Ingo Sarlet's formulations. Afterwards, the theories of justice by John Rawls and Ronald Dworkin, named justice as equity and equity of resources, are studied as well as their relations with affirmative programs. Proceeding the research, we have studied the affirmative actions and the quota policies toward brazilian universities, tracing the characteristics of Brazil's academic population and highlighting the importance of equally ensuring the access to higher education. We analyze the criterion of justice, compatibility and efficacy identified by Brito Filho, the same ones that justify the implementation of quota and that are present in Ronald Dworkin's work, applying each of them to brazilian reality. Finally, we have demonstrated the quota policies' constitutionality in Brazil under the pluralist view about this subject that comes from Federal Supreme Court.
Acesso aberto (Open Access)
Compliance na corte interamericana de direitos humanos: um estudo a partir da propriedade comunal indígena
(Universidade Federal do Pará, 2016-02-05) NEVES, Rafaela Teixeira Sena; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
The objective of this study is to examine compliance with the judgments of the Inter- American Court of Human Rights cases involving violation of the territorial rights of Indigenous Peoples, with awards made between of 2001 to 2005. The study of cases Mayagna (Sumo) Awas Tingni vs. Nicaragua and Yakye Axa vs. Paraguay examines the jurisprudential construction of communal property, the Institute of compliance with the inter-American human rights system and the supervision stage of compliance with the judgments made by the Inter-American Court of Human Rights. Seeks to determine whether and how the mechanisms of this system interfere in cases compliance level. The empirical test as a methodology, relates a quantitative and qualitative analysis of compliance with the judgments repair orders. The findings allow us to consider the development of the monitoring mechanism of the system and re-evaluate their effectiveness in the affirmation of Human Rights of Indigenous People.
Acesso aberto (Open Access)
Cotas raciais na UFPA: as percepções de estudantes cotistas sobre suas trajetórias acadêmicas
(Universidade Federal do Pará, 2015-06-11) LEMOS, Isabele Batista de; CONRADO, Monica Prates; http://lattes.cnpq.br/6141735247260273
In the field of studies about the functioning of race-based affirmative programs, the research delimits the Amazon region, precisely the Federal University of Pará (UFPA), to analyze the narratives of students who entered into the university by the racial quota system and have graduated or are close to complete their graduation. Through methodology based on life stories, thirteen academics from Law, Social Sciences, Computer Engineering and Medicine were interviewed, in order to make them talk about their experiences during the graduation as black students and as racial quota beneficiaries. The conclusions of this study suggest that, referring to the thirteen students interviewed, the program of UFPA has been effective in providing for these young people the access and the successful stay at the university, although they still face financial difficulties, problems to access cultural benefits and prejudice, both because they are racial quota beneficiaries, both because they are black.
Acesso aberto (Open Access)
Lei Muwaji: dos discursos do enfrentamento aos diálogos do reconhecimento
(Universidade Federal do Pará, 2013-06-28) SÁ JUNIOR, Adalberto Fernandes; VAZ, Celso Antônio Coelho; http://lattes.cnpq.br/0547983721448176
This dissertation analyses the constitutionality of the legal project nº 1.057/2007, mostly known as Muwaji Law, that deals with, according to its text, the struggle against indigenous peoples’ traditional customs that are “harmful” to the human rights of children. We concluded that this project is unconstitutional for disrespecting the self-determination right of these peoples. First, it undermines the equality principle, the right to non-discrimination and the mutual recognition convention. The indigenous minorities are treated in a discriminatory manner. Secondly, the fairness principle, the self-government right and the convention of consent are not respected. Indigenous peoples did not participate in due processes of political deliberation. Finally, the integrity principle, the right to cultural integrity and the convention of continuity are not taken into account. The Amerindian perspectives on childhood are not respected. As a method, we use the theory of law as integrity by Ronald Dworkin.
Acesso aberto (Open Access)
A nova arte de julgar: análise dos discursos dos julgadores do tribunal de justiça do pará na aplicação da medida socioeducativa de internação
(Universidade Federal do Pará, 2015-05-27) HAMOY, Ana Celina Bentes; DELUCHEY, Jean-François Yves; http://lattes.cnpq.br/2530487459645226
This study analyzes the speech of the judges of the State of Pará Court of Justice, on the enforcement of the socio-educational measure of detention, in order to understand how the practice of government may or may not interfere with justice actions. As a theoretical background, it assumes the studies of Michael Foucault in "The Birth of Biolytic" (2008) and its lessons about the state racism, as well as from the same author studies in the book "In Defense of Society" (2010), coupled with the contributions of Delouse (2003), on the understanding that the true law is not the law, but jurisprudence. For the construction of the results, the study makes a model of analysis, following the dialectical method. As the research object, the study selected seventy-three judgments of second instance, produced between 2005 and 2014, that applies deprivation of liberty to adolescents accused of committing offenses. The present study investigates what the purpose of socio-educational measures of detention and as the official speeches, legitimizing criminal law, interface with the measure that promotes imprisonment of poor adolescents. In this context, it uses the theoretical support of critical criminology, mainly the contributions of Alessandro Barata, Loic Wacquant, Raúl Zaffaroni and Juarez Cirino dos Santos, which helps to reflect the penal device that promotes the imprisonment of adolescents, understanding these as dangerous class. Faced with these questions, this paper is composed of three chapters. The first is dedicated to conceptual reflection about the new art of governing and guiding rationales of public law, following Foucault's teachings, especially the legal and deductive and radical utilitarian rationales, as well as the study of the theory of capital human that is anchored in the American neoliberalism. The second chapter analyzes the official discourse legitimizing punishment and its reflection on the educational measures, regarding the paradox of socio-educational and punishment, seeking to reflect what the purpose of the detention measure, in the face of the new art of governing. The third chapter presents the analysis of empirical research on the discourse of judges and discusses which rationality is adopted in the application of detention measure.
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)
Organizações regionais indígenas, cidadania e tecnologias de (des)informação e (in)comunicação na Pan-Amazônia
(Universidade Federal do Pará, 2015-03-16) PARRA MONSALVE, James León; ACEVEDO MARIN, Rosa Elizabeth; http://lattes.cnpq.br/0087693866786684
The Amazon is an extensive South American area, shared by eight countries and a French overseas department. It is now widely known for its social and environmental diversity. The existence of indigenous and other traditional peoples over that territory, has historically been crucial for the conservation of common ways to access and use the land. In this context, indigenous movements have developed an important organizational structuring task, especially starting from the 1970s, in order to claim such rights within the nation-state. Thus, they have set up new agencies in the struggle for full recognition of their citizen status in countries like Bolivia, Ecuador, Peru, Colombia, Venezuela and Brazil. As a consequence of organizational articulation and, even more, the historical resistance of indigenous peoples to the physical and symbolic disintegration, the new political constitutions in those countries recognized the ethnic and multicultural character of their societies. Regional ethnic organizations emerged like the Confederation of Indigenous Peoples of the East, Chaco and Amazon of Bolivia (CIDOB), the Coordination of Indigenous Organizations of the Brazilian Amazon (COIAB), the Organization of Indigenous Peoples of the Colombian Amazon (OPIAC), the Confederation of Indigenous Nationalities of the Ecuadorian Amazon (CONFENIAE), the Inter-ethnic Association of the Peruvian Rainforest Development (AIDESEP) and the Regional Organization of Indigenous Peoples of the Amazon (ORPIA) in Venezuela. Organizations that reach the twenty-first century with the responsibility to claim the rights of multiple people representing, with new tools such as Information and Communication Technologies (ICTs), which could, in varying degrees, leverage this social goal. This comparative study allows us to understand the relationship of ethnic-citizen claims with indigenous knowledge about communication and the way they produce information and communication.
Acesso aberto (Open Access)
A regulação da economia da inovação: patentes e biodiversidade no desenvolvimento dos países do trópico úmido
(Universidade Federal do Pará, 2011-04-19) COSTA, Cíntia Reis; BASTOS, Ana Paula Vidal; http://lattes.cnpq.br/1992388595130579
This dissertion presents an analysis of the regulation of innovation in countries of the Humid Tropics. The guiding question is how countries deal with regulation of industrial property in their innovation policies and how they incorporate their rich biodiversity into it. Intellectual property – particularly patents – provides a broad discussion as a proxy for innovation policies however also provides some hints on how biodiversity issues are neglected by governments when establishing their convergence road towards development. The study selected some countries in the Humid Tropics that are both known for its convergence efforts and great biodiversity. These countries are: Brazil, China, Singapore, Philippines, India, Indonesia, Malaysia, Mexico, Thailand, Taiwan and Vietnam. Data collected in the patent databases of the World Intellectual Property Organization – WIPO shows that those countries make little use of patents for the protection of biodiversity. The scientific knowledge of species richness and its appropriation by the society is limited. This is may occur as biodiversity is not seen by the institutions of the Humid Tropics as a crucial asset. Its use is not characterized by ownership and its role in the value chain that permeates this particular asset. It is argued that countries should focus their investment in R&D in specific assets, thus we believe that this applies for biodiversity. Making an exhaustive meta analysis of regulatory patent systems of these selected countries, we found that the basic requirements of a patent are standardized. Our analysis, suggest that countries in the Humid Tropic redirect their protection of intellectual property, in order that future innovations highlight the specific assets of the region. Furthermore, a careful design of laws regarding those rights is necessary, taken in account economic, social and environmental aspects. The disclosure of local advantages through analyzing the intensity of ownership of biodiversity through the patent system, as well as the comparison of the dynamics of the patent laws of countries at the innovative system, can guide institutional decisions, regarding the regional technological development.
Acesso aberto (Open Access)
Regularização fundiária urbana e o direito à cidade sustentável na Amazônia: avaliação e mensuração de seus efeitos
(Universidade Federal do Pará, 2018) SANTOS, Myrian Silvana da Silva Cardoso Ataíde dos; DUARTE, André Augusto Azevedo Montenegro; http://lattes.cnpq.br/1135221873341973; NASCIMENTO, Durbens Martins; http://lattes.cnpq.br/4086120226722277
This thesis approaches the urban land regularization theme as a key to have access to the city and the realization of the right to housing in environmental balance. From this perspective, is developed a matrix of performance evaluation and impact of urban land regularization, which is applied to a framework of urban (in)sustainability in the Western Amazon. Therefore, the different vision and discourses that support land regularization as an instrument of urban policy were taken as the basis for the definition of evaluation indicators. The Amazon is a known territory by social, economic, cultural, urban, environmental and land conflicts, in which the State has extensive areas. On the other hand, large landowners are present under the aegis of economic development that strengthen the idea of absolute property rights to the detriment of their social function. Faced with this paradoxical scenario, it is investigated how and to what extent the policy of urban land regularization can be consolidated as a key to access to the city? This thesis is a hypothesis that the urban regularization policy can consolidate as a key to access to the city in the Amazon, while at the same time fostering municipal development in four capacities: institutional, planning, territorial organization and community assistance. The methodology developed through the field of study on public policy evaluation is based on the articulation of Literature and documents Review and Action Research to define the evaluation matrix and the measuring the effects of land regularization, through the Urban Conformity Index, composed of a set of four groups of indicators. The application of evaluation matrix and the measuring the effects of land regularization in the Amazon took as reference the Case Study within the field of action of the project of Research and Extension developed by the Federal University of Pará in partnership with the Ministry of Cities between 2012 and 2018. That involving six municipalities in the state of Pará, involving six municipalities in the Amazon region of Pará, including Capitão Poço, Concórdia do Pará, Ipixuna do Pará, Mãe do Rio, Nova Esperança do Piriá e Tomé Açu. The obtained results validated the hypothesis of the research, since it was verified that the six municipalities of the case study, submitted to the same conditions of continuous training incentives, logistical support, technological support and technical assistance focused in a urban land regularization, do not produce the same results of productivity, quality and impact on the Urban Conformity Index. And, on the other hand, they reinforced the idea that the property regularity, alone, does not produce the expected effects of land regularization as a key to access to the city. The comparative analyzes and discussions among the municipalities of the experiment suggest that urban land regularization is a key to access to the city when it makes possible the administrative regularity of the property, with an emphasis on territorial planning, through the definition of the land registry plan and inscription municipal, which make it possible to register the Auto de Parcelamento, which in turn, triggers the issuance of the land regularization certificate in favor to the beneficiaries, with official address and incorporated in the municipal management practices. Municipalities that did not present this condition produced efficiency, efficacy and effectiveness effects below the acceptable limit line of urban Conformity, and kept the informal urban centers regularized in the domains, although excluded from the right to sustainable city.