Dissertações em Direito (Mestrado) - PPGD/ICJ

URI Permanente para esta coleçãohttps://repositorio.ufpa.br/handle/2011/3418

O Mestrado Acadêmico em Direito pertence ao Programa de Pós-Graduação em Direito (PPGD) do Instituto de Ciências Jurídicas (ICJ) da Universidade Federal do Pará (UFPA). Em 1984, foi reconhecido pela CAPES o Curso de Mestrado em Direito Público. Em 1987, o PPGD passou por um processo de reformas, que deram origem a duas Áreas de Concentração: Instituições Jurídico-Políticas e Instituições Jurídicas e Sociais na Amazônia. Atualmente, o Programa oferta cursos de Mestrado Acadêmico e Doutorado (único da área de Direito na Amazônia), e se estrutura em torno de uma única Área de Concentração: Direitos Humanos. Possui cinco Linhas de Pesquisa: Constitucionalismo, Políticas Públicas e Direitos Humanos; Direitos fundamentais: concretização e garantias; Direitos Fundamentais e Meio Ambiente; Estudos Críticos do Direito; Sistema penal e Direitos Humanos. Sua missão é formar profissionais que, compreendendo a realidade local, rica em recursos, mas ainda com baixos índices de desenvolvimento econômico e social, trabalhem para transformá-la. Para isso, objetiva ofertar sólida formação teórica, aliada à competência política e social.

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Acesso aberto (Open Access)
Acordos de cooperação internacional para o intercâmbio de informações fiscais e o sigilo bancário
(Universidade Federal do Pará, 2018-05-08) LOBATO, Rodrigo Costa; SCAFF, Fernando Facury; http://lattes.cnpq.br/3214760192523948
This study examines the constitutional foundation that legitimizes the incorporation of international agreements for tax information exchange in the Brazilian legal system and those implications for privacy and banking rights and fiscal secrecy. In the first chapter, will be analyzed the recognition of the fundamental duty to pay taxes, demonstrating that tax collection is the main source of funds for the State to finance the realization of the fundamental rights protected by the Federal Constitution. And demonstrates that the non-payment of taxes per part of society distorts the principles of tax capacity and isonomy, preventing tax justice from being achieved. In the second chapter, a brief analysis is made of the conduct and strategies adopted by taxpayers to evade paying taxes, as well as the countries where they seek refuge to practice such practices. In the third chapter, it is proposed to examine three instruments of international cooperation that Brazil adopted as an attempt to combat such practices, the Convention on Mutual Administrative Assistance in Tax Matters, the Foreign Account Tax Compliance Act (FATCA) and the BEPS Project. In a sequence, the form of internalization of international agreements and treaties in the Brazilian legal system is studied. The fourth chapter is intended to analyze the conceptions about banking and fiscal secrecy in Brazil, especially after the introduction of Complementary Law n. 105/2001 in the legal system, demonstrating the understanding of the Federal Supreme Court on its constitutionality of the norm. At the end, it is examined the possibility of relativizing the constitutional protection conferred on the right to privacy and banking secrecy, allowing direct access by the Tax Administration to the taxpayers' financial data and the international exchange of this information, and what constitutional basis for it.
Acesso aberto (Open Access)
Agamben contra o neoliberalismo: contribuições dos conceitos de vida nua e homo sacer para o debate sobre a governamentalidade neoliberal
(Universidade Federal do Pará, 2022-08-29) SIMÕES, Paloma Sá Souza; MARTINS, Ricardo Evandro Santos; http://lattes.cnpq.br/0592012548046002
This dissertation has as it’s objective investigates the contributions about the concepts of bare life and homo sacer, of the political theory of Giorgio Agamben, to the discussion about neoliberalism as governmentality. This is an explanatory research of the bibliographic type, with a qualitative approach and a hypothetical-deductive method. The central theoretical reference is the political theory of Giorgio Agamben, specifically his concepts of bare life and homo sacer. Also as a theoretical reference for the research we have Michel This dissertation has as it’s objective investigates the contributions about the concepts of bare life and homo sacer, of the political theory of Giorgio Agamben, to the discussion about neoliberalism as governmentality. This is an explanatory research of the bibliographic type, with a qualitative approach and a hypothetical-deductive method. The central theoretical reference is the political theory of Giorgio Agamben, specifically his concepts of bare life and homo sacer. Also as a theoretical reference for the research we have Michel Foucault, specially his concepts of biopolitics and neoliberal governmentality, as well as Wendy Brown and her interpretation about neoliberalism from the ideas of sacrifice and sacrificial citizen. The research problem of this dissertation is: what is the contribution of the agambenian concepts of bare life and homo sacer to the discussion of neoliberalism as governmentality? The analyzes resulting from the dialogue between the agambenian theory and the theme of neoliberalism revealed that, although Agamben does not dedicate in his political theory a direct debate about neoliberal governmentality, the concepts of bare life and homo sacer help to understand this contemporary phenomenon through the intermediation of the philosopher's theory with that of Foucault and Brown. Also, it is hypothesized that Brown's analysis of neoliberalism with an emphasis on the characteristic of sacrifice and the identification of the sacrificial citizen exemplifies what Agamben identifies as the exceptional relationship that includes life in juridical-political relations by exclusion. In this sense, it was possible to identify that neoliberalism works from this relationship, so that the sacrificial citizen described by Brown can be considered a contemporary paradigm of bare life, a life that is inserted in the functioning of neoliberalism from it’s exclusion, resulting from of the loss and minimization of rights, being in the condition of abandonment and susceptible to a constant power of death.
Acesso aberto (Open Access)
A ambição dos Pariwat: consulta prévia e conflito socioambiental
(Universidade Federal do Pará, 2016-07-12) OLIVEIRA, Rodrigo Magalhães de; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048
This paper discusses the situational application of the right of free, prior and informed consultation the different ethnic groups in contexts of social and environmental conflicts produced by projects characterized by intense exploitation of territories and natural resources. The dissertation is located in the interdisciplinary field of Legal Anthropology, whose theoretical and methodological contributions help in the understanding of the uses of law, in addition to legal-centered approaches concerned with compliance / non-compliance with state law. Social and environmental conflict, legal sensitivity, legal pluralism and interlegality are the fundamental categories of analysis. Through ethnography of social and environmental conflict surrounding the Hydroelectric Plant São Luiz do Tapajós project, i seek to show that the federal government and the indigenous people Munduruku have differing legal sensibilities about the situational application of prior consultation. The government's legal sensibility and munduruku legal sensisibility adjust to a broader dispute in which different agents compete to regulate ethnic rights globally. The work shows how human rights may be appropriate creatively by ethnically differentiated groups to strengthen their political struggles.
Acesso aberto (Open Access)
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 arranjo jurídico-institucional dos fundos patrimoniais: uma análise de legislação comparada entre Brasil e EUA
(Universidade Federal do Pará, 2023-07-06) PINHEIRO, Lucas Gabriel Lopes; SCAFF, Luma Cavaleiro de Macêdo; http://lattes.cnpq.br/5719163147143385
Endowment funds are instruments built with the aim of strengthening the financial sustainability of civil society organizations and can be interpreted as factors for the concretion of fundamental rights. The institute has paradigmatic experience in the legal-institutional arrangement in the United States, where federal tax incentives are foreseen in the Internal Revenue Code and rules related to management and investment and spending policies in the Uniform Prudent Management of Institutional Funds Act. Distinctly, in the legal-institutional arrangement in Brazil, endowment funds were provided for by Lei n.º 13,800/2019, with centrality in hard rules on the management and governance structure adopted. Given the distinctions between the arrangements, it is investigated how an analysis of comparative legislation between Brazil and the United States on the legal-institutional arrangement of endowment funds can contribute to raising funds to finance fundamental rights. For this purpose, a functional comparative method of procedure is used, with microcomparison investigation and documentary and bibliographical research. At first, the concepts of endowment funds, legal-institutional arrangement and transaction costs are presented, which underlie the emphasis on incentives provided in areas considered fundamental for raising funds for the cost of rights. Under this approach, the legal-institutional arrangements of endowment funds in the legal systems of Brazil and the United States are analyzed. Finally, a critical examination is carried out on the previous comparative exercise, considering the existing distinctions between both arrangements. It is concluded that a research of comparative legislation between Brazil and the United States of America on the legal-institutional arrangement of endowment funds contributes, from the perspective of raising funds with a view to cost of rights, by highlighting similarities and differences between the local arrangement and a paradigmatic experience around the institute, in order to visualize what is current in the regulation of key areas to encourage the creation of endowment funds, the making of donations, and the carrying out of investment by and/or through such funds.
Acesso aberto (Open Access)
Aspectos estruturais da inspeção do trabalho no Brasil e o combate à escravidão contemporânea: uma análise do trabalho escravo na construção civil no Estado do Pará
(Universidade Federal do Pará, 2021-11-26) SIMÕES, Diogo Baptista; CHAVES, Valena Jacob; http://lattes.cnpq.br/2222933055414567; https://orcid.org/0000-0003-4955-1949
This work investigates the reason for the reduction in the number of cases of work similar to urban slavery, especially in the field of civil construction, in comparison with the structural reality of labor inspection, focusing on the work of labor inspectors. Based on the monographic research method, bibliographical research, documental research, the research seeks to analyze and compare the influence of institutional atomization, especially due to current labor inspection radar data, and consequent social problems and the absence of public policies. In the same sense, a historical/conceptual study will be sought on the importance of the necessary structure of Organs institutional bodies that fight work analogous to slavery, starting from the initial concepts on the subject, to the possible materialization and practical application of human rights. Therefore, through this research and its results, we seek a look at the impact caused by the scrapping of labor inspection bodies, its consequences and the need for a structure worthy of institutional actors with a view to effectiveness in inspections and consequent protection of the worker, victim of contemporary slavery. Finally, there is a lack of public policies for the eradication of slave labor, from the institutional structural point of view.
Acesso aberto (Open Access)
A atuação do Ministério Público diante do conflito entre o direito à moradia e o direito ao meio ambiente, nas áreas de Preservação Permanente Urbanas em Cáceres-MT
(Universidade Federal do Pará, 2016-06-17) SALDANHA, Evely Bocardi de Miranda; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
The present paper analyses the proceedings of the Public Prosecutor's Office towards the conflict between the right to housing and the right to an ecologically balanced environment in the case of the occupation of the Empa neighborhood, in the city of Cáceres in Mato Grosso, an urban area of permanent preservation. Due to the housing deficit and the shortage of urban planning, the low-income population is forced to irregularly occupy peripheral locations of minor importance and of less value in the city, areas of risk or of environmental preservation, where they live and survive without basic conditions of sanitation or infrastructure. Consequently it is necessary that Public Authorities develop policies of urban development to facilitate access to decent and adequate housing, in a balanced and preserved urban environment for present and future generations, ensuring the full development of the social functions of the city, the well-being and healthy quality of life of its inhabitants, since the right to housing and to an ecologically balanced environment are inherent and essential to every human being in order to ensure an adequate standard of living. For such, the Public Prosecutor's Office is a key character in the supervision and implementation of public policies that guarantee the rights to the city to its inhabitants. Therefore, it’s a case study of the occupation process, municipal urbanization, particularly in the Empa neighborhood and the challenges faced in order to achieve the right to the city.
Acesso aberto (Open Access)
A Autocomposição e o poder público: a câmara de negociação, conciliação, mediação e arbitragem da procuradoria-geral do estado do Pará
(Universidade Federal do Pará, 2021-09-13) JESUS, Thiago Vasconcellos; SILVA, Sandoval Alves da; http://lattes.cnpq.br/2744878887909140; https://orcid.org/0000-0002-1795-2281
The general objective of this research is to investigate the possibility of self-composition negotiation in conflicts involving the Public Power, questioning the excessive and customary litigation in the judiciary, based on a deductive method and comparative procedure, with bibliographic technique and collaborative research with the Coordinators of the self-comform chambers of other States that have already implemented it. The aim was to identify the possible benefits of persuasive rational dialogue, multi-door system and self-compositional negotiation as possible instruments for meeting human needs, prevention and conflict resolution. Next, the right to procedures and access to justice were indicated as kind of fundamental rights that must be guaranteed by the State, including self-comparatous procedures for the resolution of conflicts; questioning the unavailability and public interest with a possible conceptual resignification from the Democratic State of Law that respects the principle of the dignity of the human person and ensures the fundamental rights and guarantees, among others, of access to justice, efficiency and democratic principle; by collating between excessive and customary litigation in the judiciary and self-regulation for implementation by addressing the theory of the implementation, with the specification of its elements by those involved. Search-be contextualized and indicate procedural premises, principles and phases of self-composition, as well as the Harvard Negotiation Program as a possible procedural path of self-compositional negotiation. Self-composition is evaluated within the state of Pará, noddedly the Chamber of Negotiation, Conciliation, Mediation and Arbitration of the State Public Administration of Pará created by Complementary Law No. 121/2019 and the criteria of submission to the Chamber, training of the head, collaborative research with the coordinators of the Chambers of the States of Pará, Pernambuco, Alagoas, Goiás, Minas Gerais and Rio Grande do Sul, in addition to a numerical comparative study with the State of Rio Grande do Sul, a pioneer to implement the self-composition state Chamber. The overall result of the research indicates the possibility and continuous progression of self composition negotiation within the State of Pará, encouraged with the creation of the Negotiating Chamber, Conciliation, Mediation and Arbitration of the State Public Administration linked to the Attorney General's Office of the State of Pará as an instrument of access to justice, being recommended the training and effective use of negotiation techniques to increase the chances of meeting the interests and needs of those involved in the conflict, with the conclusion and implementation of the agreements, especially in cases of greater complexity, even if the conflicts submitted to Negotiating Chamber, Conciliation, Mediation and Arbitration of the State Public Administration are mostly demands of mass and/or less complexity.
Acesso aberto (Open Access)
O Brasil de três supremos? Conjuntura política e cultura jurídica na definição do comportamento judicial do Supremo Tribunal Federal
(Universidade Federal do Pará, 2023-01-27) FERREIRA, Valeska Dayanne Pinto; MAGALHÃES, Breno Baía; http://lattes.cnpq.br/0126393188779750; https://orcid.org/0000-0002-7183-2440
This dissertation proposes to understand how the judicial behavior of the Brazilian Supreme Court is structured within the Brazilian political system. The problem of the research is presented in view of the verification of the incompleteness of the legal studies that are intended to investigate the performance of the STF over time, since they are presented in an isolated and retrospective way, not dialoguing with the elements of the political conjuncture and legal culture . This is an explanatory research, with a qualitative approach and bibliographic procedure, developed in an interdisciplinary way, considering studies in the field of Constitutional Law and Political Science. Based on this methodology, a new analytical category is formulated for the judicial behavior of the Court, called political-constitutional conjuncture. From this, the work finds that the performance of the STF dialogues with the political conjuncture and the legal culture that develop in parallel, so that the construction of its judicial behavior is related to the understanding that the Court itself establishes about the role that it must to play in Brazilian constitutional democracy, given the different political-constitutional conjunctures that arise.
Acesso aberto (Open Access)
O compartilhamento de competência no processo do trabalho a partir da cooperação judiciária: o caso da centralização das execuções trabalhistas
(Universidade Federal do Pará, 2022-09-23) PASSOS, Amanda Ferreira dos; SILVA, Sandoval Alves da; http://lattes.cnpq.br/2744878887909140; https://orcid.org/0000-0002-1795-2281
The general objective of the research is to demonstrate the possibility of sharing jurisdictional competence, through national judicial cooperation, in labor procedural law. Specifically, it seeks to discuss the assumptions of the competence institute, in order to investigate its theoretical and legal foundations, ranging from the theory of separation of powers to the characteristics that surround the competence system. In a second moment, the principle of adequate competence is faced, as one of the theoretical foundations necessary for the possibility of flexibility and sharing of competence - given the need to establish a relationship of legitimate adequacy between the court and the judicial activity to be exercised, in order to define the judgment that best suits the case, based on the primacy of efficiency, because of this it becomes a fundamental theoretical assumption in this research. In addition, it investigates whether the institute of national judicial cooperation can function as a legal basis for the possibility of sharing and flexibilizing competence. Then, it is discussed whether this sharing of competence is possible, so that it is demonstrated, through legal situations in the forensic daily life, that this shared jurisdictional exercise already occurs in practice. In the last section, it is discussed whether the foundations of judicial cooperation are compatible with procedural labor law, for this purpose a systematized interpretation of the legislation is used, especially the subsidiarity of the civil procedural diploma to the Consolidation of Labor Laws - CLT, considering the art. 15 of the CPC. Afterwards, it is faced whether the national judicial cooperation is compatible with the work process. The last topic brings as a case of analysis the centralization of labor executions, as a means of sharing competence that already occurs in the labor law field, long before the regulation brought by the CPC. Another specific objective sought is to demonstrate the possibility of negotiating procedural competence in collective protection, through judicial cooperation in order to identify that such a perspective does not violate the principle of the natural judge. In the present research, the deductive method was adopted, considering that it is an approach that starts from a general context to a particular one, since it is intended to analyze it from the traditional meaning of the jurisdictional system, which is the premise greater or general, its possibility of sharing in labor procedural law through judicial cooperation in compliance with the principle of the natural judge, minor or particular premise. In order to do so, the type of bibliographic research will be used, due to the need to analyze the theoretical and principiological premises of the institute of competence from the theory of law and process. In addition, the research reached the intended result, which consisted of demonstrating that jurisdictional competence can be shared in labor procedural law, having as a legal basis the institute of national judicial cooperation. It was also reached the result that the centralization of labor executions is shown as a procedural situation where the sharing in the exercise of competences occurs.
Acesso aberto (Open Access)
Competência dos municípios quanto à proteção das áreas de preservação permanentes urbanas: um olhar jurídico a partir da ocupação no bairro Empa em Cáceres - Mato Groso
(Universidade Federal do Pará, 2016-05-19) DANTAS JUNIOR, Luiz Emídio; IRIGARAY, Carlos Teodoro José Hugueney; http://lattes.cnpq.br/5563960646899699
In this approach the issue of jurisdiction of the municipality for the protection and preservation of Permanent Urban Preservation Area was analyzed in the theoretical and practical aspects, with reference to the occupation of the EMPA in Cáceres-MT from the documents of Public civil investigations brought by the Public Ministry of State.This is a bibliographic study, with investigative and descriptive nature, where through transcription technique, preparation of conceptual map and content analysis enabled the systematization of information on the display in the course of inquiries, referrals and determination to resolve the conflict.This analysis emphasizes the municipality's competence to act in the protection, preservation, conservation and surveillance of the Urban Areas of Permanent Preservation, which requires the municipality the existence of legal, efficient and effective administrative structure, and even planning programs and projects for the development of environmental policy to ensure social interests and environmental balance.
Acesso aberto (Open Access)
A comunidade quilombola Abacatal e os aterros sanitários da região metropolitana de Belém: análise sobre a utilização do protocolo de consulta prévia, livre, informada e de boa-fé e os possíveis impactos ambientais das atividades dos aterros face à comunidade quilombola Abacatal/Aurá, Pará
(Universidade Federal do Pará, 2023-10-10) ROSSO, Carolina Maria de Jesus; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881
The present research analyzes the utilization of the Protocol of Prior Assessments and in good faith for the Quilombola Abacatal/Aurá Community - Prior, Free, Informed and Good Faith Consultation Protocol for the Abacatal/Aurá Quilombola Community in the processes of administrative licensing the landfills of the metropolitan region of Belém (RMB): Aurá Sanitary Landfill Aurá Garbage Dump and Marituba’s Sanitary Landfill. In this sense, this analysis looked to contextualize the problems experienced by the Acabatal community, its titling, the rectification and additions processes, verifying the judicial demands required by the community, in which are demanded reparations, compensation or indemnity for environmental damages, or the annulment of the landfill licensing processes in lieu of the absence of the Protocol of Prior Assessments and in good faith for the Quilombola Abacatal/Aurá Community - Prior, Free, Informed and Good Faith Consultation Protocol for the Abacatal/Aurá Quilombola Community. The justifications for the present research project relates to the problematics experienced by the Abacatal community, result of social and political neglect, the judicial aggrandizement regarding this issue, in light of the debate around the necessity of observance to the Convenção OIT-169 and to the right to an ecologically balanced environment, as well as, personal growth, since it is a familiar theme, with focus on the professional area, referring to the urban public policies, thus rectifying its social, judicial and personal relevance, respectively. The research used the descriptive method of research, through the qualitative research technique in which the documentary analysis of the judicial and administrative environmental processes related to the Quilombola community of Abacatal, as well as the private enterprises that have participated in the installation and operation of the landfills. sanitary facilities, as well as bibliographical research with the survey of texts and academic works on the subject.
Acesso aberto (Open Access)
Comunidade quilombola do Subaé e o licenciamento ambiental de linha de transmissão de energia na Bahia: violação ao direito da consulta prévia, livre e informada
(Universidade Federal do Pará, 2023-08-30) ARAUJO, Luciéte Duarte; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881
The research proposes to identify the mechanisms used by federal agencies, municipal and by Sterlite Power Grid Ventures Limited that favored the violation of the right to prior, free, informed and good consultationfaith provided for in ILO Convention 169 in the environmental licensing of LT 500 kV Port of Sergipe (SE) - Olindina (BA) - Sapeaçu (BA) C1 Associated Substations, from the study of Quilombo Subaé. The provisions of art. 68, from the ADCT of the Constitution of the Federative Republic of Brazil of 1988, which ensures the right to property of quilombola communities. The environmental licensing process of this project is being processed at the Ibama office in Bahia, under number 02001.022704/2018-96 and already includes the release of prior licenses and installation of LT 500 kV. To do so, it is intended to understand the logic (s) that guides (m) decisions, in terms of legal references. It is understood that the parameter adopted by the Brazilian State in environmental licensing of project of this nature is being life, good living and human rights defenses in CRFB/88 and in International Treaties to which Brazil is a relative signatory in the name of development. As for the methodology, it is a case study, the research will follow, as a rule, the hypothetical-deductive approach method and, as for the technical procedures adopted, it is configured as bibliographic and documentary research. We adopted a theoretical matrix with an anti-racist bias to show that the Brazilian state, as well as other modern states originated from a historical and political process of the capitalist-projectcolonial countries of European countries based on the inferiorization of the black subject in such a way that, even today, neoliberal they suffer the violence of structural racism that persists in societies and; of critical theory of law to remind that this system of hierarchical social regulation allows some legal institutions to reproduce arbitrary actions of power that culminate in the impossibility of social and racial justice. Thus, the structures of the state are essentially exclusion, oppression and discrimination. Considering these justifications, we understand the negligence coming from some organs of the country with the Quilombo Subaé in the Municipality of Antônio Cardoso/BA, as a typical case of environmental racism.
Acesso aberto (Open Access)
Comunidades laborais restaurativas: um olhar sobre o assédio moral no trabalho a partir da justiça restaurativa e dos círculos de construção de paz
(Universidade Federal do Pará, 2023-08-10) SIQUEIRA, Camille de Azevedo Alves; SILVA, Sandoval Alves da; http://lattes.cnpq.br/2744878887909140; https://orcid.org/0000-0002-1795-2281
Cases of moral harassment may have individual, institutional and structural dimensions. However, the procedures usually adopted do not address the collective and structural dimensions and, at the individual level, result only in financial compensation, allowing the perpetuation of violence. It is in this context that we propose to think about restorative practices, and more specifically Peacemaking Circles, questioning: to what extent does Restorative Justice allow a new look at the phenomenon of moral harassment at work and, through the adoption of Peacemaking Circles, can build restorative work communities? To answer it, the research adopted the hypothetical-deductive method of approach. At first, the research was of an exploratory theoretical nature and the technique of bibliographical research was adopted. Then, an exploratory field research was carried out through the participant observation of restorative interventions, more specifically in the application of Peacemaking Circles of dialogue on workplace moral harassment, in work communities, analyzing the experiences of the researcher as a circle facilitator. It is concluded that Restorative Justice, through the application of the Peacemaking Circles, allows the identification and curing of other possible dimensions of moral harassment existing in the specific case, as it focuses on meeting the needs of all those involved, bringing the community into dialogue (and not just the work community), returning the protagonism to individuals so that they can recognize their co-responsibility and assume obligations in building restorative work communities.
Acesso aberto (Open Access)
Os conceitos de trabalho escravo contemporâneo na jurisprudência brasileira e na corte interamericana de direitos humanos: a busca da maior proteção ao trabalhador
(Universidade Federal do Pará, 2018-07-05) HENRIQUES, Camila Franco; PAMPLONA, Danielle Anne; http://lattes.cnpq.br/1891159099589161; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567
The general objective of this research is to verify which of the concepts of contemporary slave labor best harmonizes with the pro homine principle. The chosen concepts were the used in Brazil and in the Inter-American System of Human Rights, based on the parameters used by the Inter-American Court of Human Rights in the Brazil Green Farmer’s Workers’ case. This is because slavery has been a social practice since antiquity, but despite all legislative and political developments to face it, this violation perpetuates itself, making urgent to seek new mechanisms to improve this combat. With the current legal logic between the national and international orders it is necessary that in the existence of two (or more) norms or interpretations, jurists identify which one of them best protects the human being, considering that after the Second World War, the dignity of the human person was adopted as the basic legal principle, culminating in a system in which the man is its central element. Therefore, the parameters for the comparison of the concepts used were taken from the principle of dignity. The present work is written in the form of a dissertation and used qualitative dialectic research based on national and international bibliographical and jurisprudential sources. The results showed that, based on the set of parameters proposed in this paper, the interpretation and application of the concept of contemporary slavery of the Inter- American Court of Human Rights should be used as a precedent. However, the best result for the protection of the individual is through the dialogue between the Brazilian and the Inter-American orders.
Acesso aberto (Open Access)
O conjunto arquitetônico, paisagístico e urbanístico: o tombamento de Cáceres-MT
(Universidade Federal do Pará, 2016-06-17) MATOS, Elzira dos Santos; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
The present dissertation has as purpose the analysis of legislation having the Architectural, Urban and Landscape of Cáceres-MT and the actions taken for its preservation and conservation of the public prosecutor, after its listing, beyond those specified in the Civil Investigation conducted by State and Federal Prosecutors. To fulfill the goal of this dissertation, beyond those specified in the Civil Investigation conducted by State and Federal Prosecutors, examined. The problem developed in order to answer the following questions: What are the actions specified in the Civil Investigation conducted by State and Federal Prosecutors for preservation and protection of the Architectural, Urban and Landscape of Cáceres-MT? What are the actions established by the Prosecutor's Office for preservation and protection of the Architectural, Urban and Landscape of Cáceres-MT, after your listing? Although the listing been effected in local, State and federal spheres, much to be done, continue the demolitions and abandonment of buildings by the owners and little oversight of municipal and State Government. One can see that the sphere of municipal, State and federal preservation order did not change the conservation of architectural and Urban Landscape Set of Cáceres-MT long. It is expected for public policies for conducting effective surveillance, and actions such as the physical recovery of the properties listed to be held by municipal and State powers, but, above all, heritage education to residents and local merchants listed, as well as the entire population about the historical and cultural formation of the municipality, for the effective preservation. It is believed the tipping as fundamental tool for the preservation of memory and brazilian culture, whose socio-economic changes are important and should be included, but the preservation is the fundamental object of tipping.
Acesso aberto (Open Access)
Consolidação da posse na Belém dos oitocentos: análise dos registros paroquiais e legitimações de posse (1854-1891)
(Universidade Federal do Pará, 2018-06-19) OLIVEIRA, Natalia Altieri Santos; FISCHER, Luly Rodrigues da Cunha; http://lattes.cnpq.br/5038078976448551
The objective of this study is to present a study about the consolidation of possessions in the city of Belém during the nineteenth century, with the main objective of consolidating the possessions registered and described in the parish register. Its specific objectives are to carry out a bibliographical survey on colonial Belém and the land regime in the old regime; the bibliographical review on the suspension of the sesmarial system, the historical context of imperial Brazil, and the political upheavals of that period, with emphasis on the edition of the land law and the application of the norm in urban perimeters and rebalances; the analysis of the parish registers of the Parishes of Sant'anna da Campina, Sé and Santíssima Trindade on the areas that currently comprise the urban perimeter of Belém, and the ratifications of possession and transpasses that occurred in the period; the verification of which possessions recorded in the parochial register that were identified later consolidated and by which legal instrument. It establishes as a method the collection, reading and analysis of the registries of Parishes of the Sé, Trindade and Sant'Anna, besides the legitimations and ratifications of possession, besides the transpasses, whose conclusions were extracted based on the historical interpretive method. It justifies this study because of the importance of understanding how ownership was consolidated in Belém in the years 1854 to 1891. It identifies that the main mechanism of consolidation of the possessions was the leasehold regime, which remained present from the colonial period and after the period studied in the present work. It also finds out that although Pará was the province with the highest number of parish registers, in the city of Belém, its reflexes were not great for consolidating possession.
Acesso aberto (Open Access)
O Conteúdo do direito à liberdade de expressão na jurisprudência do Supremo Tribunal Federal
(Universidade Federal do Pará, 2021-08-17) BACELAR, Rafaela Gonçalves; MAGALHÃES, Breno Baía; http://lattes.cnpq.br/0126393188779750; https://orcid.org/0000-0002-7183-2440
This dissertation aims to identify the content of the right to freedom of expression developed by the jurisprudence of the Brazilian Supreme Court, seeking to analyze, from the inductive method and the jurisprudence research of, its foundations, justifications, and limits to its exercise. Therefore, the research was divided into three chapters. In the first, we analyze the Supreme Court judgments on the right in question, which were grouped according to discourse categories, identifying the argumentative parameters adopted by its ministers and the judgment trends. In the second chapter, we point out the theoretical discussions that permeate freedom of expression, in order to verify its relationship with what has been developed in jurisprudence and, therefore, to identify the content of the law. From these premises, we identified a central argumentative frame of the Court, however, endowed with an abstract and generic character, allowing the existence of decisions with divergences between the ministers. Finally, in the last chapter, we analyze the existence of external and internal factors that can influence the decision making posture of the Supreme Court and, thereby, the jurisprudential construction on freedom of expression, indicating other investigative fields to complement the hypotheses found. In conclusion, we emphasize that, despite a central argumentative framework, there is interpretive flexibility in its decisions, allowing subsequent court cases to be resolved based on criteria different from their precedents, being possible the influence of other factors in the decisionmaking.
Acesso aberto (Open Access)
As Crias da casa: uma analise sobre a caracterização do trabalho infantil domestico exercido em condições análogas as de escravo nos procedimentos do Ministério Público do Trabalho da 8ª Região
(Universidade Federal do Pará, 2020-07-30) GARCIA, Anna Marcella Mendes; SOUZA, Luanna Tomaz de; http://lattes.cnpq.br/5883415348673630; https://orcid.org/0000-0002-8385-8859; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567; https://orcid.org/0000-0003-4955-1949
The present study aims to investigate the occurrence of work analogous to slavery in cases of domestic child labor investigated by the Regional Labor Prosecutor's Office of the 8th Region-PRT-8/MPT, in Para. This is a bibliographic and documentary research, based on the deductive method, which sought to individually analyze, in a quanti-qualitative way, 41 (forty-one) procedures cataloged by PRT-8 as domestic child labor, in order to verify if there were elements that characterize modern slavery. Initially, the theoretical bases of the conceptualization of modern slavery in Brazil were examined, with emphasis on the influence of international norms on the theme and the Kantian theory of human dignity in the construction of the Brazilian penal type. Then, the legal prohibition of child labor was approached, from the presentation of the different notions of childhood that prevailed in the country over time, culminating in the current understanding of children and adolescents as rights holders and development people, whom the full protection doctrine must be applied. The data that indicate the failure of Brazil in the effective eradication of child labor was exposed, as well as the profile of children and adolescents exploited in these conditions. Subsequently, the structure of the MPT was presented, its role in combating slave-like labor and child labor, and the problem arising from its division into thematic coordinators found in the research. Here, an indicators sheet was applied to the PRT-8 procedures, which contained, among other questions, the presence of one or more of the modes of execution of the offense typified in article 149 of the Brazilian Penal Code, which characterize the criminal type, and the classification, by PRT-8, of the occurrence of the crime of exploiting labor analogous to slavery. From the analysis of the procedures it was extracted that in more than half of the cases there were characteristics of child slave-like labor, however none of them were classified as such by the PRT-8. It was also concluded that the majority of the victims were non-white girls and that most of the cases occurred in the capital, Belem. In order to examine the historical relationship between domestic child labor and slave-like labor with social markers such as race, gender and class, data from empirical research on the themes were analyzed, isolated and intersectionally, and bibliographic production on the subject. It was deduced that the cataloging of ministerial procedures in thematic coordinators that do not interact with each other, associated with the historical naturalization of domestic child labor performed by non-white girls in the State of Para, meant that some procedures were not correctly classified as slave-like labor and, consequently, the applicable legal measures were not adopted, resulting in potential harm to the victims.
Acesso aberto (Open Access)
Crime organizado, seletividade penal e modernidade líquida
(Universidade Federal do Pará, 2016-08-04) LEDO, João Paulo Carneiro Gonçalves; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
The present work aims is to analyze the organized crime in Brazil about the prism of the liquid modernity. It approach how the insecurity and the fear, caused by the constraints of liquid modernity, influenced in an advent in politic of law and order. Study the speech that raised the organized crime legislation in Italy and United States of America and the reflections in the Brazilian legislation. Treated the problematic about the concept of organized crime, some legal and procedural instruments of this offense and rise of maxi processes in nationwide. It reflects on the speech of organized crime based on idea of a criminal law of exception and their problems. Relates lastly, the selectivity of penal system and the victims of organized crime speech in a liquid modernity.

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