Programa de Pós-Graduação em Direito - PPGD/ICJ
URI Permanente desta comunidadehttps://repositorio.ufpa.br/handle/2011/3417
O Programa de Pós-Graduação em Direito (PPGD) iniciou suas atividades em 1984 e integra o Instituto de Ciências Jurídicas (ICJ) da Universidade Federal do Pará (UFPA), que, por sua vez, se originou da Faculdade Livre de Direito do Pará, uma das mais antigas do país, fundada em 1902.
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Navegando Programa de Pós-Graduação em Direito - PPGD/ICJ por Linha de Pesquisa "CONSTITUCIONALISMO, POLÍTICAS PÚBLICAS E DIREITOS HUMANOS"
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Item 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/0000-0002-7183-2440This 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.Item 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/0000-0002-7183-2440This 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.Item Acesso aberto (Open Access) Direito internacional em movimento: mecanismos de responsabilização de empresas transnacionais por violações de direitos humanos(Universidade Federal do Pará, 2021-12-06) VIEIRA, Flávia do Amaral; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364In this thesis, I investigated how transnational corporations operate - especially in the Global South - and are regulated, through international law, coloniality, and neoliberalism, and the dynamics of human rights movements that strain these power relations. I explore the conflict between two languages of human rights, based on two types of proposals for accountability of these companies in relation to human rights violations, those based on soft law instruments and those based on a binding treaty. Analyzing these languages in depth, I investigated the challenges and limits of the production of human rights in an international dimension, based on the observation of the operational nuances of global civil society in the impact on the construction of effective mechanisms of corporate accountability for human rights violations. The focus is on advocacy movements at the United Nations in the struggle for a binding Treaty on the subject, as well as on the political resistance of the Global North to the project. In this sense, the thesis explores the tension in the production of human rights in a world under corporate governance. I found that the search for these normative resources created what is now generically called the “Business and Human Rights” agenda, a term by which a new area of technical, practical and theoretical action in Law has been recognized. I highlight the approval of resolution 26/9, now known as the “treaty resolution”, and analyze the successive drafts of the treaty, identifying that the proposals do not necessarily consider international geopolitics and the historical relations of imperialism, dependence and coloniality between the North and Global South States. When confronting - or adapting to - the capitalist mode of production, the debate on the draft Treaty on Business and Human Rights becomes a key point of this historical time, given the announcement of climate changes considered irreversible connected to human impact, and with the deepening of extreme poverty on the planet. In this sense, the research sought to contribute to the relevant ongoing discussions, allowing a deeper understanding of the connotations and implications of different approaches in favor of imposing human rights obligations on corporations.Item Acesso aberto (Open Access) Uma proposta de modelo de responsabilidade ulterior ao dano da liberdade de imprensa na democracia brasileira(Universidade Federal do Pará, 2022-01-21) MASCARENHAS, Diego Fonseca; RIBEIRO, Cristina Figueiredo Terezo; http://lattes.cnpq.br/9188707404168670This thesis intends to critically analyze how press freedom is approached in the Brazilian legal system, based on the study of the insufficiency of the responsibility model after the harm to the communication channels proposed in ADPF n. 130/2009, judged by the Federal Supreme Court, due to this conception that any law to regulate the media activity automatically implies in the risk of prior censorship. Thus, the thesis starts from the consideration that the absence of law in Brazilian legal is detrimental to the rights of civil personality for the citizen, as well as being unfavorable to the media, because it promotes legal uncertainty without instituting what are the normative definitions for the broadly-broadcast sectors of news that become more exposed to receiving convictions in the Judiciary. In this context, the model of ulterior responsibility for harm of the Inter-American Court of Human Rights is proposed, to determine normative guidelines in the restriction of free speech, which can occur as long as it is proportional, with clear legal criteria and with respect to the principles democratic. The thesis aims to expose, from Alexis de Tocqueville and Habermas onwards, the origin of press having a strong connection with democracy in order to demonstrate the reason for the judicial reasoning of the STF and the Inter-American Court to associate the press with democracy. In order to analyze the development of communication channels and their relationship in the public space, the study of how news dissemination media are understood from the point of view of media, mediation and mediatization is developed. The concept known media is approached by McCombs' Agenda Theory, which is based on the pre-selection process of the data that will be conducted to the public space and the way in which they will be interpreted, while the sense of mediation from Thompson makes up the media news as a transmission center not only for facts, but also for values, culture and education. Further on, the thesis positions the emergence of mediatization of data flow channels through Muniz Sodré and Fausto Neto, as it states that the receiver of information is no longer a passive subject to actively participate in the communication process, which shows change perspective of the traditional concept of journalism when there is participation of people within the language of the editorial board. Finally, all the decisions about free speech of the Inter-American Court are exposed to examine what the criteria are when establishing limits for the exercise of free circulation of thoughts and news in democracy, in order to serve as a legal parameter for the Brazilian legal system.Item Acesso aberto (Open Access) A teoria tridimensional da justiça de Nancy Fraser e os obstáculos do capitalismo financeirizado neoliberal(Universidade Federal do Pará, 2023-03-07) REBELO, Thayná Monteiro; VAZ, Celso Antônio Coelho; http://lattes.cnpq.br/0547983721448176This dissertation aims to analyze the aspects that, according to Nancy Fraser's critical theory, the dimensions of redistribution justice, recognition and political representation are hindered by neoliberal financialized capitalism. To this end, its main theoretical reference is Fraser's theory of justice and neoliberal financialized capitalism, as well as the contributions of Wendy Brown, David Harvey, Wolfgang Streeck, Pierre Dardot and Cristian Laval, Silvia Federici, Verónica Gago, Saad Filho and Lécio Morais, Marcos Nobre, Jessé Souza and Flávia Biroli, as important interlocutions to complement and add to the author's thoughts. The study is placed in the perspective of Critical Theory, bringing new discussions that bring together justice, feminism, neoliberal capitalism, neoconservatism and democracy. The problem question presents itself as follows: in what aspects, according to Nancy Fraser's critical theory, are the dimensions of redistribution justice, recognition and political representation hindered by neoliberal capitalism? Methodologically, the research follows the dialectical method, the types of research used in terms of procedures are bibliographic, in terms of the qualitative approach and in terms of explanatory objectives. Thus, it is a theoretical research that intends to analyze concepts through a critical view. The first specific objective will correspond to the first chapter, which will present Fraser's theory of justice through its dimensions and contexts. The second chapter will satisfy the second and third specific objectives and proposes to understand the neoliberal financialized capitalism as an institutionalized social order, as well as deepening the understandings about neoliberalism by the selected interlocutors, including about the Brazilian reality and the developments as a rationality. The third chapter will reflect on the fourth specific objective and discuss the aspects in which, according to Fraser's critical theory, the dimensions of justice are hindered by neoliberal financialized capitalism. The results reflect that the redistribution dimension is incompatible with the competitive aspect of financialization; recognition is not ensured by the multifaceted aspect of neoliberalism - either progressive-meritocratic or reactionary-neoconservative -; political representation is incompatible in view of the imposition of neoliberal technocracy and democratic marginalization; and neoliberal exploitation and expropriation are presented as concrete forms of economic, sociocultural and political inequalities that prevent the realization of the dimensions of justice.