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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Navegando Dissertações em Direito (Mestrado) - PPGD/ICJ por Linha de Pesquisa "DIREITOS HUMANOS E INCLUSÃO SOCIAL"
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Item 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/6647582671406048This 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.Item 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/2222933055414567The 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.Item Acesso aberto (Open Access) Direito à saúde do idoso portador de doença renal crônica: uma análise no município de Castanhal-Pará(Universidade Federal do Pará, 2016-06-28) PINTO, Cleidiane Martins; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645This research is about health law as a basic human right of all human beings, a right that can’t be excluded from the elderly, who are even in more need of this due to their biological condition, which will imply more investments and expenses made by the government with the goal to provide sanity for everyone but especially forthe old aged population. The essay exposes the liberalism of principles as theoretical models that are capable of substantiate the government’s duty of providing this human right (health law) to every citizen, based on John’s Rawls theory of distributive justice. By the same token, bioethical principles were stated as vectors to settle the emblematic cases, giving the chance of an equal health service especially for the elderly. It’s an exploratory descriptive research, with qualitative approach, for the old aged population that suffer chronic kidney disease and that need health hedge from the “Sistema Único de Saúde” for hemodialysis treatments. Field researches were made with social information and real diagnostics of those who suffer chronic kidney disease; biographical research through scientific perusal, with the aim to understand the concepts explained in this research; also, official government documents were analyzed; legal processes; and the applicable legislation. Through the methodological process, we can see that Brazil’s government, even though it has a constitutional regulation that cares about the distributive justice, when it’s needed; there are limitations for the defrayal in the public sanity, leaving uncovered the majority of the social welfare, for example the long waiting lists for those who need hemodialysis treatment, which is bigger everyday.Item 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/7823839335142794The 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.Item Acesso aberto (Open Access) O direito fundamental à saúde como direito subjetivo: a perspectiva do liberalismo de princípios(Universidade Federal do Pará, 2016-04-29) RIBEIRO FILHO, Hermann Duarte; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794This work aims to analyze the fundamental right to health as a subjective right in the context of Brazilian constitutionalism, from the egalitarian through the theories of John Rawls, Ronald Dworkin and Amartya Sen. We expose first the two ideas of justice that we think that when applied in practice turn out to halt the proper conduct of the fundamental right to health, and these ideas are Utilitarianism through the theories of Jeremy Bentham and Stuart Mill, and Libertarianism, as proposed by Robert Nozick. Then we show why we believe that egalitarian liberalism is a better alternative to these theories. After, we will explain the concept of human dignity and its relationship with the existential minimum. And finally, we will analyze the contours of the right to health in the Brazilian legal system, exposing briefly about the Sistema Único de Saúde (Brazilian public health system) and demonstrating what is the effectiveness of constitutional norms establishing the right to health, and then illustrate how the Supreme Court Federal uses the concept of subjective right and one of the main decisions on the topic: Injunctive Reliefe Suspension 175.Item Acesso aberto (Open Access) Educação jurídica indígena: superando a dicotomia pluralismo versus monismo(Universidade Federal do Pará, 2015) ALBUQUERQUE FILHO, Armando do Lago; RODRIGUES, Saulo Tarso; http://lattes.cnpq.br/8585243462003260The curriculum structure of legal education has been built from a monistic approach, opposing the pluralistic perspective of law. This research promotes a theoretical effort to overcome the dichotomy between the two theories, aiming to contribute with the initial elements and values for the development of an indigenous legal education founded both in the monism and in the pluralism as well. In order to fulfill this goal we used the deductive method and literature review to analyze the meanings of law from the state as opposed to the legal pluralism. It determined itself the categories of general analysis to perform the duties of a position in an application of the specific native legal education.Item Acesso aberto (Open Access) Grupo de Mulheres Negras Mãe Andresa: um olhar à construção dos direitos humanos das mulheres negras a partir de suas vivências, experiências e posicionalidades(Universidade Federal do Pará, 2017-12-05) MATOS, Marjorie Evelyn Maranhão Silva; CONRADO, Monica Prates; http://lattes.cnpq.br/6141735247260273This dissertation analyzes the experiences, practices and positionalities of black women as markers for the construction of the human rights of black women, from the perspective of the members of the Grupo de Mulheres Negras Mãe Andresa, following three dimensions: the impact of the colonial period on the creation of racism and social sexism; the geopolitics of the place as an influence for the construction of the human rights of black women; and the sense of the geopolitics of the place in which the black women subject of the research move to their social mobility, understanding spaces as representation or subalternization. The work focuses on the Grupo de Mulheres Negras Mãe Andresa, at which the survey was conducted during the year 2017, but with a look at the historicity of the group. The methodology used was oral history, from which one could think of the need to occupy spaces of representation by the members of the group, such as the Historic Center of São Luís, in Maranhão, where its headquarters is located, to claim visibility and rights of black women, surpassing the condition of social subalternization imposed on them.Item Acesso aberto (Open Access) A legitimidade da concessão judicial de medicamentos de alto custo na tutela individual: aspectos jurídicos, filosóficos e políticos(Universidade Federal do Pará, 2018-01-11) CASSEB, Ana Luísa Campos; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794This work has as general objective to analyze the phenomenon of the judicialization of public health policies in Brazil, and for a particular purpose to reflect on the legitimacy of the judicial decisions that grant high cost drugs to individuals. The problem raised by these objectives is the following question: in what way can such decisions be considered as legitimate mechanisms of distributive justice, considering the legal, philosophical and political aspects of the legitimacy of such a circumstance? The present research supports the hypothesis that the three dimensions examined offer assumptions that are able to demonstrate the correctness of the redistributive act that occurs through these decisions. Thus, it is an eminently theoretical investigation, with an argumentative trait, since it seeks to contrast the existing positions on the subject in Brazilian constitutional law, in political philosophy, in the jurisprudence of the Federal Supreme Court, with special attention to the votes thus far in the judgment of Extraordinary Remedies no. 566.471/RN and 657.718/MG. As a result, after articulating the categories of the rule of law, equal opportunities and cooperative solidarity in the perspective of the right to health, this research is consolidated in order to affirm the justice in the redistributive practice of access to public health policies by judicial processItem 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/6271053538285645In 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.Item Acesso aberto (Open Access) Políticas afirmativas, educação e escolas públicas: uma análise sobre o sistema de cotas - Caso UFPA(Universidade Federal do Pará, 2018-04-10) SILVA, Carlos Fernando Cruz da; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048The present research discusses the affirmative actions instituted at the Federal University of Pará, in the modality quotas for undergraduate courses, destined to students who attended high school in institutions of the educational public network. The investigation is based on different studies on inequality and social exclusion of authors such as: Boaventura de Souza Santos, Amartya Sen, Ingrid Robeyns and Zélia Amador de Deus. It is also supported by studies on education and educational systems developed by Jan Masschelein, Marteen Simons, Dermeval Saviani, Pierre Bourdieu and Jean-Claude Passeron, apart from the critical thinking of Michel Foucault. Social inequality, social exclusion, substantive liberties, device and reproduction were frequently used as analytical categories during the development of the research. During the study, questions about the dynamics of transition from high school to higher education through affirmative action policies are inserted, focusing on the situation of public schools coordinated by institutions of the National Armed Forces. The hypothesis is that school, administrative and non-administrative practices developed in this space, in part, have repercussions on the quota policy instituted at the Federal University of Pará. From the proposed problem, it is intended to open space for academic discussion about the transition process to higher education in the contemporary Brazilian educational system, which can be directed to other institutions and other specific contexts.Item Acesso aberto (Open Access) Trabalho em condições análogas ao de escravo: uma análise a partir da jurisprudência do TRF 3ª da Região(Universidade Federal do Pará, 2018-02-20) FREITAS, Luiza Cristina de Albuquerque; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567This study was developmented with the objective of verify how the TRF of the 3rd Region has been interpreted and applied the crime described in art. 149 of the Criminal Code. For that, was realized a doctrinal study was carried out on the concept of contemporary slave labor in Brazil and yours respective executive modalities. Also been investigated as interpretive currents about to the issue. The field research was carried out from the TRF's jurisprudence of the 3rd Region, be realized an investigative study was carried out on the characterization of slave labor and the elements that is used by TRF inside the cases that are submitted. The method used was the Deductive Method there was based on the analysis of the information obtained in the field research, confronted with the theoretical arguments and with the legal norms, as from an logical reasoning in order to reach the conclusion of the question proposed. The results showed that the TRF of the 3 rd Region, interpret the concept of slave work based on the protection of the dignity of the human person, in a way unrelated to the restriction of the freedom of locomotion. However, in spite of a high incidence of convictions in this court, it was found that the definitive criminal penalty is fixed, in low magnitude in most cases, and, for this has been replaced anothers criminal penaltys so much soft, thare have no condicions to repress sufficiently and appropriately the criminals.Item Acesso aberto (Open Access) Trabalho escravo urbano na construção civil: condições degradantes e a experiência do operariado vinculado ao sindicato dos trabalhadores da indústria da construção civil e em frentes de obras em Belém do Pará(Universidade Federal do Pará, 2015-05-20) MARTINS, Omar Conde Aleixo; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794This work is situated in the context of legal discussion about the labor analogous to slavery in its urban occurrence, bringing to debate the issue of forced labor in civil construction, specifically by one of the crime execution modes, namely the degrading conditions work. Thus, the main objective of the research was to investigate to what extent the social and legal reality of work of construction workers in Belém/PA, from the very perception of these about their social rights, appears as forced labor urban under the focus of degrading conditions. Was used to achieve the proposed objective, the literature search in books, periodicals and journals, as well as a case study concerning forced labor in civil construction, recognized judicially, in the city of Americana/SP; finally, closing the methodological framework, we used the field research through interviews structured and interviews by guidelines with members of state institutions devoted to combat slave labor, and, especially, with civil construction workers to work fronts in Belém/PA and the head office of the Labor Union category, in the same city. The work is divided into three chapters and begins with a visit to the sociological understanding around the city and its impacts in urban labor relations, succeeding a discussion about the slave labor in Brazil and its theoretical and normative pillars, both those from the international standards, as those derived from art. 149 of the Penal Code, which defines the delict device to reduce others to work analogous to slavery, ending with reflections on the essentially urban manifestation of the delict under investigation. Secondly, again moves by the sociological universe to capture some capitalist components of contemporary industry, in addition to the implications arising from the social profile of the slave worker and the typical civil construction worker; closes the chapter with an analysis on the legal concept of degrading conditions and the case study that once announced on forced labor in civil construction. Finally, in the third chapter, we present the field research carried out and the reflections and conclusions drawn from the research as well as a discussion of coping policies to modern-day slavery, their effectiveness and what may be proposed from the crime of study in its urban occurrence, more precisely, in civil construction. The research found that, even if the working conditions of workers interviewed did not characterize submission to degrading conditions, several peculiarities of the service in civil construction need to be considered in assessing, or not, of degrading work, as they may represent aspects of social rights violations and, depending on the case, affront to decent work and the dignity of the human person, grounds protected by the seal to undergo a human being to degrading working conditions.