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Áreas de preservação permanente urbanas e direito à moradia: estudo de caso das Glebas Guamá ii e Palheta do Município de Mãe do Rio - PA
(Universidade Federal do Pará, 2017-03-24) TUMA, Erica Fabiola Brito; OLIVEIRA, Maria Cristina César de; http://lattes.cnpq.br/6570600503324199
The objective of the dissertation is to analyze the Citizen Housing Land Use Regularization Project highlighting the rights to housing and the balanced environment, in light of socioenvironmental legal principles. Subsequently, the right to housing as a social right, enshrined in the 1988 Constitution and its relation to the right to the environment ecologically balanced. The legislation and doctrine of the Permanent Preservation Urban Areas is analyzed as an instrument of environmental protection. There is verified the current legislation of urban land regularization, and the modifications produced by the recent Provisional Measure n. 759/2016. Finally, in the specific case of the municipality of Mãe do Rio (Pará), through the weighting of principles, the density and relevance of socio-environmental legal principles is verified. The work is developed through bibliographical and documentary research.
Acesso aberto (Open Access)
O direito de ser diferente: uma análise do direito à educação inclusiva das pessoas com deficiência
(Universidade Federal do Pará, 2018-12-12) MAURO, Fádia Yasmin Costa; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
The present research defends the right to be different in the school, analyzing the perspective of the inclusive education of people with disabilities, to answer the question about which is best way to realize it within the society in order to promote the ideals of distributive justice that guarantee on equal terms the right to education of individuals with disabilities. To respond this question, this study is divided into three chapters. It first defines key elements such as who is disabled, social phenomena that leads to discrimination, among other fundamental definitions in order to answer who is the addressee of the right and why is important the recognition of difference. In the second chapter, it discusses what is inclusive education and how it is carried out, promoting a critical analysis of the main institutes that implicate in the understanding of the theme. Finally, this study makes a defense of the right to school inclusion, using political philosophy, from the theory of "justice as fairness" in Rawls as the one that best fulfills the idea of equality in the granting of rights and satisfies the premise of inclusive education for people with disabilities, and is complemented by Nussbaum's reading of human capacities, allowing the school development of these students and, therefore, considering these individuals from their singularities for the ensure of an effectively fair, human dignity and respect for difference. It is a study that aims to discuss the best way to promote access to inclusive education for people with disabilities, so that they receive qualitative teaching and capable of stimulating their abilities, from the perspective of international and national laws and theories of justice. The methodology adopted is eminently theoretical-doctrinal, using a regional and national bibliographic survey and also the philosophical references adopted in the present research, with the purpose of carrying out an interdisciplinary scientific study capable of contributing to the evolution of human rights, particularly to deficiency.
Acesso aberto (Open Access)
Parentalidade homoafetiva: um estudo sócio-jurídico sobre o direito de casais homoafetivos procriarem por meio de tecnologias reprodutivas
(Universidade Federal do Pará, 2018-11-05) CARNEIRO, Thiago Lima; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645
In this master's thesis, the issue of discrimination against the homosexual subject is discussed through the relation between homosexuality, parenting and assisted reproduction. It seeks to analyze to what extent the parental rights of the homosexual person are vilified by social practice and state powers. For this, the work is divided into three chapters: the first deals with the role of the State in the construction and reproduction of a heterosexist social reality, and how this dominant logic, based on a system of oppositions, is decisive for the subjection of individuals who do not follow the hegemonic sexual order. The perpetuation of this rationality unfolds in discriminations and social marginalizations that prevent the homosexual person from exercising his rights equally to other citizens. Only in the last years has been seen a more egalitarian treatment in relation to these individuals in Brazil, with the recognition of some rights claimed, such as the possibility of contracting marriage. The purpose of the second chapter is to evaluate the current family situation protected by the Brazilian legal system and to examine the framework given by the decision of the Federal Supreme Court to recognize the homoaffective union as a family entity. The third and final chapter deals with homoaffective parenting in the context of assisted reproduction, with emphasis on the specificities of this scenario, legal protection and access to reproductive technologies. The research and development of the dissertation was based on the doctrinal construction related to the subject, based on relevant scientific books and articles, documental analysis and semi-structured interviews directed to professionals working in the area of human reproduction. Finally, it is concluded that the validity of a heterosexist hegemonic order has a substantial impact on the enjoyment of the parental rights of the homosexual person, either by discriminating against the family dynamics or by compelling them to submit to the dominant living standards, interfering with their freedom of exercising parenthood.
Acesso aberto (Open Access)
Ribeirinhos expulsos por belo monte: negação e reconhecimento de direitos socioambientais
(Universidade Federal do Pará, 2018-06-29) SANZ, Flávia Sousa Garcia; MAGALHÃES, Sônia Barbosa; http://lattes.cnpq.br/2136454393021407; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535
This is a case study of how the rights of riverines who were expelled with the construction of Belo Monte hydroelectric dam were denied and how these rights are being recognized in the environmental licensing of the dam. This research was accomplished through bibliographical and documentary analysis. Traditional people and communities are especially exposed to the vulnerabilities of socio-environmental conflicts, since Western law has been (and it is) designed to exclude those who do not fit in the standard and those groups are conceptualized as culturally differentiated. Thus, this groups often suffer invisibilization and denial of rights, reducing the possibilities of maintaining the traditional way of life. I argue that the riverside residents were made invisible on the environmental licensing of Belo Monte hydroelectric and, consequently, their socio-environmental rights were disregarded. So I highlight the invisibilization of riverines caused by the Norte Energia company, added of the inaction or failure of the supervisory organ, IBAMA and of the Judicial Power. Lastly, I argue that through riverines resistance, along with others social actors, as MPF and academic community, they have gained greater visibility and are gaining a recognition of violated rights on the environmental licensing of Belo Monte hydroelectric dam.