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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Item 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/0000-0003-4955-1949The 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.Item Acesso aberto (Open Access) O planejamento urbano integrado e a atuação da Companhia de Desenvolvimento e Administração da Área Metropolitana de Belém na Região Metropolitana de Belém(Universidade Federal do Pará, 2022-10-19) LEAL, Érica Pinheiro de Albuquerque; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188This dissertation deals with the process of institutionalization of urban planning in Brazil, in the Metropolitan Region of Belém and, mainly, in the city of Belém. The object of the research is the performance of the Development and Administration Company of the Metropolitan Area of Belém in this process, from 1970 to 1990. The objective of the research is to investigate to what extent the company, an institution created to provide technical assistance and execution of metropolitan urban planning, assumed responsibilities in planning in the regional scenario and what roles it played in the local scenario. Despite the mixed capital company having collaborated with the implementation of the interdisciplinary methodology in the elaboration of plans, its performance was diversified during the years of the 1970s and 1980s. For this, it was necessary to contextualize the institutionalization of urban planning in Brazil and in the Metropolitan Region of Belém, with the identification of the origin and the historical context of insertion of the plans in an integrative way, to carry out the analysis of the importance of CODEM in the development of plans. integrative and in the function of executive arm of the council belonging to the State Planning System. From the presentation of changes with a reformist profile due to political and institutional changes to the assumption of technical assistance to the municipality of Belém. Thus, from the deductive-inductive method, with a qualitative approach and technique of bibliographic research at first to base the analysis of the role of CODEM in the institutionalization of integrated urban planning. Therefore, the question that guided the research was: "What was the role that CODEM played in integrated urban planning in the Metropolitan Region of Belém, in the period from 1970 to 1990?". To answer this question, a documental survey was carried out in a second moment, rescuing the activities and experiences of CODEM's plans and actions in the Metropolitan Region of Belém and in the state capital, through the analysis of the company's annual reports and the messages sent to the Chamber by the City Hall. The examination of this material helped to understand that the exhaustion of urban planning institutions at the federal level and the disruption at the state level were not the only problems faced by CODEM, as it had a result of turning more towards the application of urban policies in the scenario de Belém due to the context of decentralization and administrative flexibility, with the withdrawal of decision-making power from the previous structures.Item Acesso aberto (Open Access) Trabalho escravo contemporâneo e danos extrapatrimoniais: uma análise da jurisprudência do Tribunal Regional do Trabalho da 8ª Região (2018-2019)(Universidade Federal do Pará, 2021-03-05) OLIVEIRA, Rejane Pessoa de Lima; TRECCANI, Girolamo Denicoom; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567; https://orcid.org/0000-0003-4955-1949Labor analogous to slavery is still one of the forms of exploitation of workers used in the production of capital, a practice that weakens the democratic-social system established by the Constitution of the Brazilian Federative Republic. And this crime needs to be combated both in the criminal sphere and in the labor sphere. Aiming to eradicate this conduct, the present research proposed to present greater visibility to the fight of this crime through the repair of immaterial damages, the origin of which comes from civil liability, one of the legal institutes that most evolved in the law and that needs to be revealed, through studies that demonstrate this behavior in regional labor jurisprudence. Off-balance-sheet damages, now in comment, for the first time were standardized with the labor reform, implemented by Law No. 13,467 / 2017, characterizing one of the changes in the text of the Consolidation of Labor Laws that most brought divergence and discontent to the working class and that, even the present date, still has its constitutionality questioned. Aiming to highlight the indemnity for moral and existential damages caused as a result of the criminal conduct of contemporary slave labor, bibliographic research, mainly of books, legal publications, periodicals and newsletters, was used as methodology to give theoretical support to the study, as well as for the analysis the jurisprudence produced by the Regional Labor Court of the 8th Region. It also used field research, with the purpose of surveying the number of judgments judged by the referred Court in the years 2018 and 2019, and systematizing them in a database, in order to analyze the theses produced by the respective Classes , counting until the end of 2019, 192 (one hundred and ninety-two) judgments. Several tables and graphs were also built, which made it possible to prospect the result of the investigative process. This process used knowledge of the concept and characterization of the entire framework of knowledge about labor analogous to slavery, as well as non-patrimonial damage, in order to build, through the deductive method, knowledge about judicial decisions. Although the Regional Labor Court of the 8th region recognizes the reimbursement of moral damages and the newest positive existential damage, that is, damages to the life project and to the life of relationships in the practice of slave-like work, it was still evident that in the illegal conduct arising from the proof of the respective damage, degrading work conditions and strenuous work hours were detected. It has also been proven that these characteristics of work analogous to slavery are being denied by the majority of the Regional Labor Court's Groups, thus, it is not being enough to condemn off-balance sheet damages, which has shown resistance on the part of the jurisprudence of this regional. This fact is the result of the precariousness that work has been suffering from the current political, economic and social reality that, although it seeks decent work, permeates the loss of rights resulting from class struggles, such as the minimum day, as well as loss of guarantees protection for workers in general.