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 - 11 de 11

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O Embrião humano como pessoa humana: o argumento ontológico como fundamento da dignidade pessoal e do direito à vida do ser humano não nascido
(Universidade Federal do Pará, 2020-09-15) LOBATO, Samuel de Jesus da Silva; PINHEIRO, Victor Sales; http://lattes.cnpq.br/0416222855469529; https://orcid.org/0000-0003-1908-9618
The dissertation presented now aims to demonstrate the ontological argument with the aid of the Natural Law, combined with the embryo's right to life. The problem faced by this proposition is that human personality implies rights to the unborn child, which, if taken from an ontological perspective, causes a change in the way the human embryo is treated, especially in the question of the right to life. As premises to do the ontological argument analysis, the embryos biological nature is put to the test, specifying many points of its natural evolution of a monocell bean, passing thru the cell divisions and emphasizing the first three weeks as indispensable to a better understanding of the human nature. Later, the ontological argument is put into a natural law context although it is not binded to it. This concept implies in a intrinsic dignity between all humans being, no matter his color, race, social class, sex or development stage, being, therefore, versatile for adapting to any person and restrictive for not allowing subjectivities that can funnel the human right to life. Finally, it will be observed how Brazilian legislation, in general, deals with the unborn, and the repercussions caused by international decisions that somehow undermine the intrinsic personality present in all human beings. It will, at last, bound the points and arguments made across the paper in a way that focus the importance of the recognition of the human personhood to all human beings, showing, if is convenient, the possible risks witch came within the denial of the ontological dignity of the human person. It is also emphasized that the methodology used will be, mostly, bibliographic review and analysis of legislation and arguments that refer to the issue of embryonic life.
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O enfrentamento à violência contra as mulheres com deficiência na associação de pais e amigos dos excepcionais (apae) e na associação paraense das pessoas com deficiência (appd)
(Universidade Federal do Pará, 2023-08-18) MAGALHÃES, Letícia Vitória Nascimento; SOUZA, Luanna Tomaz de; http://lattes.cnpq.br/5883415348673630; https://orcid.org/0000-0002-8385-8859; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645
The social movements of people with disabilities were essential for the achievement of protective norms for these people at an international and national level. The organizations of these movements and their construction in associations and entities promoted more rights and public policies of social participation for the disabled population. Based on the contributions of feminists, new categories associated with disability began to be discussed, such as gender, class and race, generating an intersectional perspective. In this sense, based on the serious problem of violence against women with disabilities, the research sought to understand how the Association of People with Disabilities from Pará (APPD) and the Association of Parents and Friends of the Handicapped (APAE) have acted in the fight against violence against women with disabilities. Therefore, the research was based on the inductive method from a qualitative perspective, based on bibliographic and documentary studies. The survey also included interviews with professionals from both associations to analyze the history and specificities of their actions with people with disabilities, especially women with disabilities who are victims of violence. Based on the Content Analysis, it was found, among other aspects, that both associations daily assist women with disabilities and their caregivers who have experienced various types of violence, despite this, it was understood that the theme of violence against women with disabilities is not part of a structured front in associations for the defense of people with disabilities in the state of Pará.
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“Esse processo me deixa de cabeça quente”: estudo de caso sobre a experiência de uma migrante haitiana em Belém/PA
(Universidade Federal do Pará, 2022-11-14) NAZARÉ, Anelise Trindade de; CONRADO, Monica Prates; http://lattes.cnpq.br/6141735247260273
The research proposed to the Graduate Program in Law at the Federal University of Pará (UFPA) consists of a case study about the experience of Luzia (fictitious name), a 26-year-old Haitian immigrant, who was forced to live in Belém/PA since 2018 to 2020 and to respond to a lawsuit related to her migratory status. By declaring that “this process makes me all worked up”, a phrase that entitles this research, Luzia highlights not only the violence to which she was subjected in Brazilian territory, but also the fear of the consequences of state bureaucracies that can hinder her plans of looking for a better life for the members of his family who stayed in Haiti. The research aims to analyze how how practices that criminalize migration can impact the life of a Haitian migrant in Belém/PA. Based on the case study method and the ethnographic techniques, bibliographic, documentary and field research were carried out. For data collection, the research techniques were document collection, specifically, administrative and judicial processes, participant observation and semi-structured interview with Luzia and with professionals who work directly with migrants and refugees in the State of Pará in the period of 2020 and 2021. Initially, Luzia's life in Haiti and her plans are introduced, until she was forced to remain in Brazil, and specific categories of the Haitian migration universe are also presented, the main one being the diaspora. It also addresses her arrest in the city of Belém, state of Pará, and the search for refuge in Brazil as an instrument of document regularization. Luzia suffered violations directly related to the fact that she was a black, poor, migrant woman, aspects associated to a colonial logic of body control that inserts black people and the poor into a colonial subjectivity of inferiority and domination, which, in terms of migration, will determine which will be their spaces and non-spaces in the Brazilian territory. The issue of domestic work is also addressed, which, if in Brazil it is an activity attributed to black women, in the central countries of the capital economy, it is a function attributed to black migrant women like Luzia. The question of the precariousness of reception and social assistance actions for migrants in the capital of Pará is also exposed, as well as how much this contributed to Luzia being in a situation of economic vulnerability. Furthermore, the manipulation of legal rules as a means of maintaining hierarchical power relations is also discussed, since, in the process in which Luzia responds, there is an overlap between racism, xenophobia and aporophobia. Finally, it is concluded that although the process has not yet had a sentence acquitting her of accusations or punishing her with deprivation of liberty, Luzia has suffered since the year 2018 from the restriction of her mobility, which constitutes a serious violation of human rights.
Acesso aberto (Open Access)
Gênero e migrações na Amazônia: um estudo do deslocamento de mulheres Warao da Venezuela para Belém/Pa
(Universidade Federal do Pará, 2022-09-15) FURLAN, Maria Luiza Favacho; SMITH, Andreza do Socorro Pantoja de Oliveira; http://lattes.cnpq.br/1050234621474472
This dissertation, developed in the line of research Critical Studies of Law of the Graduate Program in Law at the Federal University of Pará (PPGD/UFPA), aims to analyze how research and institutional reports from Pará show the vulnerability of women's displacement Warao from Venezuela. To answer the question, the research is structured around three main thematic axes: studies on migration, intersectionality as a theoretical and methodological tool presented by black feminist epistemologies and the ethnic specificities of the Warao population in a context of displacement. As our research is based on three cross-cutting themes, our specific objectives were structured as follows, each one guiding the writing of a section of the work: contextualizing women's migration and identifying the main regulatory frameworks applicable to migration; to study the intersectionality and the feminization process of migrations; and to investigate the migratory particularities of the Warao from Venezuela to Belém/PA and the vulnerabilities of women in the community in this context, based on an intersectional study. The approach method used was the inductive method and the procedures adopted were bibliographic and documental research. From the theoretical framework studied and the reports of violence suffered by Warao migrant women from Venezuela in Belém, we conclude that intersectionality highlights the processes of vulnerability that affect these women, from the intersection of race, gender and ethnicity markers, and that the vulnerabilities to which these women are subjected are not exclusively individual, but occur collectively. Finally, we understand that intersectional studies on migration must be carried out, so that this scenario of exclusion and multiple oppressions is fought.
Acesso aberto (Open Access)
Inclusão e finanças públicas: isenções de imposto sobre circulação de mercadorias e serviços (icms) e imposto sobre propriedade de veículos automotores (ipva), na aquisição de veículo automotor por pessoas com deficiência, no estado do Pará
(Universidade Federal do Pará, 2023-08-28) MATOS, Hamanda de Nazaré Freitas; SILVA , Maria Stela Campos da; http://lattes.cnpq.br/6127087703635751; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645
This research addresses the fundamentals of the criteria for granting tax benefits to people with disabilities in the state of Pará, focusing on exemptions from IPVA and ICMS, taxes of state competence. Because state taxes are the object of study in this investigation, municipal or federal taxes are excluded, which can also affect the cost of automobiles, such as the Tax on Industrialized Products. This is because it is understood that the state of Pará, as well as the other member states of the federation and the Federal District, must make use of its competence to institute state taxes in accordance with its policy, but that it cannot contradict the constitutional limits of the exercise of taxation or the rules of fiscal responsibility. The study, which examined one of the core goals of the Federative Republic of Brazil - the pursuit of poverty reduction, the elimination of marginalization, and the mitigation of social and regional disparities - was conducted through an analysis of bibliographical, legislative, and documentary sources with a focus on human rights. In this way, it was proposed to demonstrate how the State of Pará can grant tax benefits on taxes related to the transport of people with disabilities in a responsible way, providing greater objectivity in the concession criteria, based on the type or degree of disability for which it is intended, considering that each type or degree of disability has its own particularities. In the end, it was concluded that the considerations should be made based on the objective criteria for granting the benefit, mainly through the examination of purpose, determining the constitutional purpose of the differentiated treatment of people with disabilities and the ways in which the tax authorities should exercise budgetary control, in order to offer transparency to public budget.
Acesso aberto (Open Access)
Pandemia como guerra civil: o paradigma biopolítico e o caso brasileiro na leitura de Giorgio Agamben
(Universidade Federal do Pará, 2023-01-27) LIMA, Giovanna Faciola Brandão de Souza; MARTINS, Ricardo Evandro Santos; http://lattes.cnpq.br/0592012548046002
This dissertation aims to analyze the coronavirus pandemic as corresponding to the civil war in the way that the Italian author, Giorgio Agamben, understands this phenomenon, that is, as a biopolitical paradigm. It is an explanatory research of the bibliographic type, but its method is the same used by the philosopher: the paradigmatic method. The main theoretical reference of this research is the Italian philosopher Giorgio Agamben, especially with regard to his notion of civil war as a paradigm and the concepts of biopolitics, sovereignty, bare life and his warnings about the coronavirus pandemic. Michel Foucault's writings were also used as a theoretical basis for this research, precisely with regard to the courses in which he develops his notion of biopolitics, biopower and the security society. Motivated by the philosophical discussion triggered by Agamben's texts on COVID-19, the guiding problem of this dissertation is the following: to what extent can the policies to combat COVID 19 in Brazil be thought of as civil war as a biopolitical paradigm? From the study of Giorgio Agamben's theory, it was possible to understand that civil war as a paradigm is not about a warlike conflict or between States, but a device of control and surveillance of the population and that it represents the threshold in which the non-political becomes politicizes and the politician saves himself. And the interlocutions with the thought of Michel Foucault revealed that this was only possible from the taking of life by power through a series of techniques that affect all spheres of the individual. Security reasons, in this context, in the wake of Foucault's investigations and Agambenian warnings, assumed a fundamental role as a justification for the adoption of permanent exceptional measures, not only in the name of preserving individuals, but also to establish a state of insecurity widespread in order to keep citizens always in combat. In this sense, it was possible to identify that the form that the civil war has taken today is the coronavirus pandemic, manifesting itself in the form of terror in a way that anyone can be considered a source of contagion. Finally, we identified that in Brazil the measures to combat the virus can be interpreted as civil war, as a device to control the lives of citizens, at the same time that the government adopted a kind of death policy in the name of the uninterrupted functioning of the market and the capital.
Acesso aberto (Open Access)
A possibilidade de utilização da cooperação (judiciária) interinstitucional em processos estruturais pela Defensoria Pública como forma de garantir o direito humano de acessibilidade das pessoas com deficiência
(Universidade Federal do Pará, 2022-11-21) MORAES, Bernardo Brito de; TAXI, Ricardo Araújo Dib; http://lattes.cnpq.br/2208519070757294
The universalist discourse of human rights, when analyzed from a critical point of view, at least in the factual field, fails to protect a siezable portion of society, which fits into the concept of minority and vulnerable social groups. Among them is that of people with disabilities, since they are historically relegated and excluded from social life. Despite the publication, in recent years, of a series of international and national legal instruments of a protective nature, whose main objective is to guarantee social inclusion to those people, many of their rights cannot be guaranteed in everyday life, in the face of a multitude of barriers. In this environment, the right of accessibility gains importance, which plays a central role in social transformation, being treated as the main fundamental right and, also, instrumental, as it is a safeguard for the enjoyment of other rights. The Public Defender's Office, due to its constitutional mission of guaranteeing access to justice for citizens and groups in situations of social vulnerability, is the democratic institution that best comes close to being a welcoming stage and to giving a broad and effective voice to people with disabilities, and, for this, it needs to make use of all available legal means, including the use of collective protection. It so happens that the collective process, as traditionally known, is no longer sufficient to deal with all types of problems. In the wake of the valorization of the interpretation and application of constitutional and procedural principles to the specific case, it can be said that the so-called structural process starts to gain weigth and importance, proving to be a viable way to combat the lack of accessibility, since this is a problem with characteristics of complexity, multipolarity, collectivity and the need for an institutional rearrangement. Among the various techniques currently available regarding the management of these processes, interinstitutional (judicial) cooperation deserves a prominent role, as it increases and democratizes access to justice, as well as assists in the search for a dialogued and efficient solution between the various actors involved.
Acesso aberto (Open Access)
Povos indígenas & diásporas leituras sobre deslocamentos forçados no Relatório Figueiredo
(Universidade Federal do Pará, 2021-02-25) FERREIRA, Bianca Monteiro Porto da Cunha; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048; https://orcid.org/0000-0003-2113-043X
This study aims to analyze the cases of forced displacement of indigenous peoples registered in Relatório Figueiredo (RF), a document stemmed from investigations carried out by Comissão de Inquérito Administrativo in 1967, instituted by determination of Ministério do Interior and chaired by Jader de Figueiredo Correia – who names the document. The purpose of the inquiry commission was to investigate administrative deviations in the performance of SPI – Serviço de Proteção aos Indios – an indigenous body. Among other issues, the RF reports, the forced displacement of indigenous groups from their territories, processes involving the use of physical violence, torture and, at times, the extermination of entire groups. These involuntary movements are understood as diasporic experiences, considering that in addition to the loss of land (totally or partially), the forced displacements have led to the spreading and death of indigenous groups, disaggregation of families and precariousness of living conditions – effects which are still resented now a days by the people who have undergone such experiences. The ensuing reflection was based on the analysis of the seven thousand pages of the RF, distributed in thirty volumes, on the hearing of collected materials from the investigation by Comissão de Inquérito Administrativo, service orders, internal bulletins, meeting minutes, lease agreements, among other types of documents, from where the diasporic categories referring to forced displacement were taken. It is argued that the with drawal of the indigenous people from their lands consisted of State policy with the aim of promoting the liberation of areas for the purpose of economic exploitation, favoring local and regional elites, with the acquiescence of the SPI. The policy of forced displacement – of genocidal nature – hasits roots in the processes of coloniality, which seek to racialize human groups, forging hierarchies between whites and non-whites, in such way that out of a shallow perception of body features, one would automatically be able to identify a specific people or social group as inferior, thus promoting the dehumanization of these individuals. It is concluded, therefore, that despite the genocidal potential of the forced displacement policy– once the territorial issue is at the heart of all violations of the rights of indigenous peoples – these populations, over the years, have remained in struggle and overcoming attempts to obliterate their lives, their communities and their history.
Acesso aberto (Open Access)
Sujeitos surdos na escola: entre a inclusão formal e a exclusão real
(Universidade Federal do Pará, 2021-10-20) MONTEIRO, Ana Paula Lima; MOREIRA, Hélio Luiz Fonseca; http://lattes.cnpq.br/3977870273059388; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645
The main objective of this study is to address the formal inclusion of deaf subjects in public schools, based on the Theory of Social Representations, particularly in its structural perspective. For this purpose, the specific objectives describe the process of construction shared representations in the history of deaf people schooling, in the main national and international documents of deaf rights and in empirical studies conducted, mostly, with teachers from regular schools. Based on the Central Core Theory, it is possible to conclude that the changes in Brazilian legislation, which had the purpose of including deaf people in schools on an equal footing with other students, constitute changes only in the legal plan, which are developed in the peripheral subsystem and does not alter the stability of the central core of social representations of deaf people, based on incapacity, inaptitude and disqualification to occupy collective spaces. Therefore, despite all the legal advances and the creation of a special legal protection system, deaf people remain excluded. This happens because the formally constituted changes in the peripheral subsystem are not enough to modify the cognitive elements stabilized in the central core. Consequently, education based on respect of the linguistic and cultural differences of deaf subjects must be continually promoted in order to change social perceptions about this vulnerable group, mainly in schools. The research used national and international documents, as well as books and works published in qualified national periodicals about the theme.
Acesso aberto (Open Access)
Tráfico de crianças: o exercício do biopoder necropolítico sobre corpos infantis
(Universidade Federal do Pará, 2023-01-13) SÁ, Yasmim Pamponet; SMITH, Andreza do Socorro Pantoja de Oliveira; http://lattes.cnpq.br/1050234621474472
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Violência sexual em conflitos armados no tribunal penal internacional: uma leitura feminista interseccional
(Universidade Federal do Pará, 2021-07-06) REZENDE, Victória Medeiros de; SMITH, Andreza do Socorro Pantoja de Oliveira; http://lattes.cnpq.br/1050234621474472
Sexual violence perpetrated in armed conflicts is an old problem, long naturalized, considered an inevitable by-product or effect of its context. The adoption of the Rome Statute in 2002, which created the permanent International Criminal Court (ICC), was an important milestone in international law, as it included sexual violence as war crimes, crimes against humanity and genocide. From an intersectional feminist framework, our general goal is to analyze the extent to which the ICC incorporates an intersectional approach in the judgment of cases of sexual violence in armed conflicts. For this, our methodology was bibliographical, in the construction of our theoretical basis, predominantly from works and scientific articles by feminist authors; and documentary, referring to the analysis of the United Nations Security Council Resolutions and the Annual Reports of the United Nations Secretary-General on the subject, the preparatory works for the Rome Statute, including the participation of feminist social movements, and the ICC rulings, from an intersectional feminist perspective. In the first chapter, we situated the problem of sexual violence in armed conflicts and contextualize intersectionality in feminist epistemologies. In the second, we discussed stereotypes about sexual violence and its reproduction in the social field, in the context of armed conflicts and in the legal sphere. In the third, we dedicated ourselves to reading the selected casos of the ICC. In general, there is still a majority narrative that women are included in armed conflicts only as civilians and victims of sexual violence, while men are soldiers and aggressors. However, counter-narratives are identified, so that the ICC gradually seems to break certain patterns and stereotypes. We highlight how the struggle of feminist movements was essential for this context, and should therefore remain constant.

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