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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Agora exibindo 1 - 20 de 37

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)
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)
O Código florestal e a perspectiva amazônica: transformações paradigmáticas desde o agro do negócio para o agro da ecologia
(Universidade Federal do Pará, 2020-12-21) MARTINS, Evilhane Jum; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
This thesis aims to analyze the Amazonian agroecological epistemology as an instrument to the re-reading of the Forest Code through an investigation thatstarts from the developmentalist logic of the agribusiness to the Amazonian agroecological perspective. For that purpose, the research is based on the following problem: what are the limits and possibilities for the production of counter-hegemonic interpretive views about the Forest Code from the Amazonian agroecology as an episteme? In order to answer the research problem, the methodology employed obeys the trinomial: Base Theory/Approach, Procedure, and Technique. AsBase Theory and Approach this research has an epistemological matrix conducted by the systemic complex perspective, which is based on authors with a multidisciplinary view through the connection of areas of knowledgesuch as Political Ecology, Environmental Geopolitics, Sociology, and Environmental Law. The Procedureused is initially supported by the historical method,which in the present case will conduct the studies on the evolution of Forest Code in Brazil, as well as the monographic method. The Technique to beused will be projected in four interconnected moments, which will consist of the preparation of reviews, extended abstracts, data analysis and annotated bibliographies. Regarding the results, it is shown that the Amazonian agroecology as episteme is not onlya possibility, but is effectively a subvention to a paradigmatic transformation from the interpretive outlooks of complex, multidimensional, and counter-hegemonic matrix, about the Forest Code.
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)
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)
Direito de danos e reparação civil ambiental: o fundamento de teoria de direito privado da responsabilidade civil ambiental brasileira
(Universidade Federal do Pará, 2023-05-19) LIMA, Gabriel Santos; SÁ, João Daniel Macedo; http://lattes.cnpq.br/9744534971209709
This research deals with civil liability for damage to the environment, evaluating a possible theoretical realignment of private law in the application of civil reparation. The work is divided into three parts. The first part initially presents the corrective and distributive models of civil liability, in order to understand the state of the art of the discussion on the right to damages. In the second stage, a doctrinal analysis is made of the elements of Brazilian objective civil liability, as well as the possible challenge presented by the application of the institute in the case of environmental damage. In the third and last part, the concepts of vulnerability are analyzed, in line with the conception of a new private law defended by Cláudia Lima Marques and Bruno Miragem, of distributive justice, based on the theory of Diego M. Papayannis, as well as possible repercussions from civil liability to the collective guardianship regime, based on idea of collective process. It appears that such concepts can be decisive for attributing civil liability for damage to the environment. Still in this last section, the case of programmed obsolescence of products is used to test the hypothesis. It is concluded that civil liability for damage to the environment can take advantage of vulnerability and distributive justice to promote a real change in the logic of private law.
Acesso aberto (Open Access)
Direito territorial e remanescentes das comunidades de quilombo: os entraves à aplicação do art. 68 do ato das disposições constitucionais transitórias de 1988 pelo estado do Pará
(Universidade Federal do Pará, 2017-05-18) ALVES, Luana Nunes Bandeira; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535
The present research aimed to verify the execution of quilombola territorial politic starting the based in the diagnosis of the obstacles related to the application of art. 68 of the Transitional Constitutional Provisions of 1988. The analysis clipping is limited in the Pará state territory. The area object of this study denotes specific problems related to the recognition of the territories traditionally occupied by the remnants of quilombo communities. In this sense, for to get results observed in the final of this research were realized a bibliographic survey, a data collect and an analysis of the processes in the land agencies responsible for the execution of the public politics of the quilombola land. The results of the research are presented during the three sections of this dissertation. In the first section is exposed the historic of territorial right of the remnants of quilombo communities in the country since the Brazil colonia until nowadays, highlighting the different forms of actuation of Public Power related to said groups. In the second moment are presented the different legal possibilities to access land by the quilombola groups, highlighting the recognition of the territories situated in Pará state. In the last section were highlighting the principals obstacles diagnosed during the research related the conclusion of the titration processes in the federal sphere of Pará. In the final, it was concluded that, in spite of existence of the law that formally envisaged the necessary titration of quilombola territories, in the scope of execution of this territorial politic were verified obstacles related to the emission of certification by the Palmares Cultural Foundation and elaboration of the Delimitation and Identification of Technical Report; to configuration of conflicts between the own communities or between this groups and the external agents; and to the questions referring to the actuation sphere of land agencies in the state and federal areas.
Acesso aberto (Open Access)
Os Direitos humanos segundo John Finnis e as críticas desde as concepções tomistas e não tomistas internas à tradição do direito natural clássico
(Universidade Federal do Pará, 2021-02-19) MACHADO, Ayrton Borges; PINHEIRO, Victor Sales; http://lattes.cnpq.br/0416222855469529; https://orcid.org/0000-0003-1908-9618
This master thesis presents a critical investigation about the John Finnis human rights concept, and how much it really remains aligned to the foundations of the classic natural rights tradition. The research focus, therefore, consists of analyzing the reasons, problems and advantages of Finnis theoretical choices regarding human rights, his approximation to the referred tradition, as well as his distance. The criticism on Finnis is carried out on three levels. First, a critique of thomists who are receptive to human rights, notably Ralph McInerny, Anthony Lisska, Henry Veatch, on the issue of naturalistic fallacy, the need of ontology and the relationship between human rights and philosophical anthropology. The second is a criticism from the thomists not receptive to human rights - Villey and MacIntyre - about the need to be more critical about the language of rights and human rights. The third is a criticism from non-thomistic jusnaturalists, Leo Strauss and Eric Voegelin, about the need to understand natural rights more profoundly, based on the symbol to what is by nature just, as well as to deep the relationship between natural law and definition of the complete community. Each criticisms endeavors to show the classic conception of the tradition of classical natural rights, in order to confront Finnis positions on his conception of human rights, and how much it sometimes challenge conceptions of the mentioned tradition.
Acesso aberto (Open Access)
Do Déficit habitacional à moradia digna: um estudo acerca da viabilidade de uma política de locação social no ordenamento jurídico brasileiro
(Universidade Federal do Pará, 2021-09-24) SANTOS, Juliana Coelho dos; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
This research presents a reflection about social lease policy as an access tool to decent housing, taking into account the increase in housing shortage in Brazil over recent few years. The general objective of this research is to analyze whether the creation and promotion of a social lease policy can reduce housing deficit and ensure access to decent housing by low income Brazilian population. For this, it conducts an analysis of current housing situation in Brazil, based on the study of housing shortage phenomenon, highlighting current data along with contrasts and social problems arising from this issue. In the same way, it presents a analyze of decent housing rights, aiming a broad understanding of its concept and structure. It assesses the housing policy model adopted in the country, mainly regarding the measures adopted by the government to address housing demand of the neediest social layer. The study resulted in theoretical finding in regard to implementation and consolidation feasibility of a social lease policy in Brazilian legal system, as a way to face the housing shortage and of access for the low-income population not only to the right to dignified housing, but also to the right to city. The results here presented are expected to contribute on the discussion concerning the urge to adopt social leasing and other alternative measures in social programs for provisioning of home ownership, since it was proved insufficient to ensure decent housing for the low-income population. The methodology used is based on the deductive method and on bibliographic and documental research.
Acesso aberto (Open Access)
Efetividade da função social da propriedade para implementar o uso compulsório dos vazios urbanos em Cáceres
(Universidade Federal do Pará, 2016-06-17) SOUZA, Expedito Figueiredo de; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
This research on the "effectiveness of the social function of property and the actions of government Cacerense at ground control and urban voids" includes the uninhabited areas, unsheltered and located in population density sites, characterized by the existence of also uninhabited and located buildings in areas equipped with collective and individual public services. It aims to analyze the public policy of the City of Caceres, from its Director of Urban Development Plan. In particular, investigate the existence of legal breaks between the rules of national urban policies and the Municipality. Is founded on the command of the Federal Constitution which provides for the mandatory urban land owner of unbuilt, underused or unused, to provide for adequate use, otherwise successively installment, progressive property tax on time and dispossession. As to nature is a qualitative research because it is based on quantitative calculations and descriptive to determine when, how much, where and how the phenomenon of the social function of property occurs within the constitutional assumptions and guidelines set out in the Statute of the City. As for the depth, we analyze the effectiveness of the constitutional principle laid down in the municipal standard, both legal and social, aimed at meeting the fundamental requirements for the ordainment of the city. As for methodology, the study is based on bibliographies, in particular on analyzes of public policy, urban law and Urbanism.
Acesso aberto (Open Access)
O exercício dos direitos de acesso ambiental como garantidores de democracia ambiental e direitos humanos: os impactos socioambientais, após a duplicação da Estrada de Ferro Carajás na cidade de Marabá – Pará
(Universidade Federal do Pará, 2022-08-30) PINHEIRO, Olinda Magno; TRECCANI, Girolamo Domenico
In this thesis, we investigated following the normative genesis of International Conventions and national legislation on the environment and human rights, on the extension and application of the so-called Rights of access to information, participation and access to justice in environmental issues, and how they have been effective or not, the exercise of these rights the reality of the neighborhoods Araguaia and Nossa Senhora Aparecida, located on the route of the “EFC” Railway, in the urban area of Marabá. It was defended and proved, as the main hypothesis, that the denial of these access rights opens space, not only for the violation of rights inherent to a healthy environment, but also contributes to mitigating the population's perception of socio-environmental impacts. In that, followed for this analysis, mainly the theoretical referential of the State of Environmental Democracy, and adopted as scientific method the hypothetical-deductive, which was allied to the technique of bibliographic and documentary research, together with the field research developed in these neighborhoods, in which several socio-environmental impacts were widely raised, mainly from the duplication of the railway branch between the years of 2012-2016, still having repercussions today, a diversity of negative impacts, linked to the exploration and disposal of ore through the railbranch. Thus, the feasibility of this thesis was considered, whose central problem was to research: to what extent, the individual or collective exercise of environmental access rights, has contributed to the perception and prevention of socio-environmental impacts, especially in the Araguaia and Nossa Senhora Aparecida neighborhoods, in the urban area of Marabá, located on the EFC route (Estrada de Ferro Carajás). In conclusion, that in communities such as those studied in this research, the exercise of environmental access rights, in its three modalities, is of fundamental importance for the defense of the environment and also of other human rights, but it is fully observable that there is a nimbalance of forces among affected populations in the face of big business, represented by companies and their strategies to control social and population risks, thus affecting the exercise of environmental democracy and the guarantee of other human rights.
Acesso aberto (Open Access)
Função social da propriedade rural como instrumento para o cumprimento do mínimo existencial ecológico
(Universidade Federal do Pará, 2023-03-01) BATISTA, Samilla Cavalcante; MATTOS NETO, Antonio José de; http://lattes.cnpq.br/4719479439779242; https://orcid.org/0000-0002-6830-7485
Many issues that have to do with the Brazilian agriculture lack political and judicial discourse, and one of the reasons behind this has been the occupation of the Brazilian soil spanning over five centuries. At the centre of the legal debate in Brazil has been the institutionalization of is the challenge for the realization of the principle social function of property. The long-term exploitation of natural resources and the occupation of the rural lands have resulted in immeasurable consequences that have affected the owners, the local communities and the whole of the Brazilian society. Brazil’s Constitution of 1988 laid out the foundation on how the social function of rural property can be fulfilled. The Constitution also extends the same rights to own property and land as were stipulated in Magna Carta. This study describes and analyses the criteria pertaining to the social function of the rural property, which is seen as essential in maintaining and promoting both human and sustainable development through the implementation of public policies.
Acesso aberto (Open Access)
A hermenêutica jurídica agrária como instrumento de efetivação do direito à terra no Estado do Pará
(Universidade Federal do Pará, 2015-11-23) OLIVEIRA, Neyilton da Costa; MATTOS NETO, Antonio José de; http://lattes.cnpq.br/4719479439779242
This work aims to produce a critical maintenance of the knowledge paradigm and traditional hermeneutics as main assumption of interpretation of legal rationality. After desk research were analyzed final decisions of the judiciary Paraense (judgments and sentences) on the right to land, so it was like this fact has contributed paradoxically to the legal uncertainty and the accumulation of demands on the judiciary, given that often using the paradigm of knowledge and traditional hermeneutics contribute towards the end of the process without resolution of merit, returning the problem to society or to the arbitrary choice of principles and interpretative methods, which, in turn, cause divergent decisions for similar cases. Thus, the research presents a reflection on the right to land in the State of Pará from the historical and social aspect and an analysis of final court decisions on this right in light of hermeneutical theories, presenting a new proposal for hermeneutics, called legal hermeneutics Agroambiental and guided in the paradigm of the philosophy of language as an instrument in favor of the effectiveness and against arbitrariness in the application of the right to land.
Acesso aberto (Open Access)
A incidência sociespacial da taxa de ocupação sobre os terrenos e acrescidos de marinha da Amazônia Oriental: o caso da primeira légua patrimonial do município de Belém/PA
(Universidade Federal do Pará, 2021-06-28) ALBUQUERQUE JÚNIOR, Vicente Férrer de; MERLIN, Lise Vieira da Costa Tupiassu; http://lattes.cnpq.br/5599627735526045; https://orcid.org/0000-0001-8921-343X
The rent, the occupancy rate and the laudemium are property charges, collected by the Federal Government, due to exclusive and long-lasting use of navy lands, those located 33 meters, on the way to the continente, counted by the middle high-water line of 1831. The Amazon estuarian zone has a high occurrence of navy lands, but it needs more studies about property charges collected on such zones. This academic work is interested, then, to study the socio spatial impact of the property charges on the long-lasting navy lands and its increments and its impact on Eastern Amazon, in particular on the first heritage league territory of Belém/PA, as a goal to analize the equity tax isonomy measure and the third part inmate contributive capacity would be applied to incident occupancy rate collection in union sea land property located on the first heritage league territory of Belém/PA. Its specific goals are to do a literature review on union sea land property, use policy, demarcation procedure, its legal status and its aplication related to riverbanks in the first heritage league of Belém/PA; analize the inicial fundraiser collection of the navy lands and its increments, the matrix rule of the incidence, the isonomy cases and the intergovernamental transfers; to check the socio-spatial occurrence of occupancy rate and its relation with third part’s inmate contributive capacity and the exemption hypotheses. This academic work is justified on fiscal justice required application regarding the property charges on union sea land property. It establishes as a deductive scientific method, used in a qualitative research. The procedure method is the study case of the navy lands and its increments on the first heritage league on Belém/PA, made through document and literature research techniques. Based on the research, it’s indicated that, in the socio-spatial context, the main use policy applied to navy lands and its increments located on methodological clipping área it’s the occupancy policy, occupancy rate taxable event, economically more serious than the rent, whose has a concentraded collection on lowland zones without basic sanitation, mostly occupied by low-income population. It appears that, despite the requirement to apply the contributive capacity and the tax isonomy related to property charges, on study zone, the occupancy rate focuses without distinction, even to those who could benefit from the equity tax exemption.
Acesso aberto (Open Access)
A inconstitucionalidade de Belo Monte sob a perspectiva dos direitos indígenas dos povos Arara do Maia e Juruna do Paquiçamba
(Universidade Federal do Pará, 2016-12-16) XERFAN, Renato da Cruz; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535
The implementation of the Hydroelectric Power Plant Belo Monte operates numerous battles that occurs in different fields, such as environmental, legal, economic, political and cultural. This study, using the hypothetical deductive method and bibliographic, documentary, and field research, aims to identify possible unconstitutionalities in the development of this project that seeks to change drastically the water regime of the mediun/ lower course of one of the main tributaries of the Amazon: the Xingu river. We analyze whether the work in question is in accordance with environmental and multicultural perspective dashed by the Constitution of the Federative Republic of Brazil in 1988 and numerous international agreements and declarations taking a cut on water management in the Amazon and its correlation with environmental law, seen from an ecological and systemic perspective of the cultural rights of indigenous peoples directly affected by the project. Giving up will attention to the situation of people Arara of the Volta Grande (Maia Arara) and Juruna (Yudjá) of Paquiçamba that are included in the area of direct influence of the work, the Volta Grande do Xingu, which suffers losses of about 80 % water resources that once flowed freely through the natural river bed with shocking losses to the traditional way of life of the people of the forest and the lush biodiversity of the region. In this endeavor we analyze the judicial struggle led to the cable by Ministério Público Federal (Brazilian Government Agency for Law Enforcement) with particular attention to actions brought by the Parquet to promote the observance and respect for indigenous rights. The study also reflects on the rights of Nature and Future Generations, understanding them as members of the subjective framework of the rights of indigenous peoples of the Xingu who create and recreate themselves in the multiplicity of the components of biodiversity. Seek, ultimately, to identify whether that energy development is in harmony with the norms and values advocated by the Brazilian and international legal and political system enshrining the Brazilian State must, by promoting democratic policies and honoring the multiple use of water, be the guarantor of the perpetuation and maintenance of Amazonian indigenous cultures and healthy environment.
Acesso aberto (Open Access)
As inconvencionalidades do marco legal da biodiversidade frente ao instituto da consulta prévia, livre e informada: um processo de colonialismo biocultural
(Universidade Federal do Pará, 2017-09-28) MIRANDA, João Paulo Rocha de; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
This thesis deals with the incompatibilities of Law No. 13.123/15 with human rights treaties, in the juridical-political context of access to genetic heritage and traditional knowledge associated with biodiversity, called biocultural colonialism. Thus, the main objective of this thesis is to investigate the conventionality or unconventionality of the legal framework of biodiversity. That is, to analyze the compatibility or not of Law No. 13,123/15 with international jushumanist treaties, regarding the right to prior, free and informed consultation of indigenous peoples and traditional communities. For this, this thesis used the deductive and dialogic methods. Deductive, as the research started from the global context of biocultural colonialism to international norms, and from these to the internal norms and the unconventionality of the legal framework of biodiversity, Law 13,123/15. Dialogical, because the analyzes sought to take into account the social, political, economic, environmental, among others. Thus, the discussion about the unconventionality of the legal framework of biodiversity was made in an integrated way to the socioenvironmental, legal and political reality of the country and the world. In addition, a dialogue was held between different sources of international law. In view of this, it was possible to conclude that the legal framework of biodiversity is unconventional, given the various incompatibilities with human rights treaties of a supralegal or materially constitutional nature, depending on the thesis adopted. However, in any case, its unconventionality is confirmed, thus enabling diffuse control of conventionality. This would have the effect of invalidating the domestic norm, less beneficial, and incompatible with human rights treaties.