Dissertações em Direito e Desenvolvimento na Amazônia (Mestrado) - PPGDDA/ICJ
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Item Acesso aberto (Open Access) Alimentação adequada e saudável no campus Belém da Universidade Federal do Pará: estudo de caso das ações e programas institucionais voltados para alunos e servidores(Universidade Federal do Pará, 2023-08-16) SOUSA, Tanha Charle Santa Rosa de; FISCHER, Luly Rodrigues da Cunha; http://lattes.cnpq.br/5038078976448551; https://orcid.org/0000-0002-1662-8703The right to food is inherent to the human being, therefore inalienable and independent of any legislation. However, the recognition of this right in norms, agreements, declarations and other instruments is important to ensure its enforceability by the holders and compliance by the State. In 2014, the Ministry of Health updated the new version of the Food Guide for the Brazilian Population, which is one of the national strategies to promote adequate and healthy food that integrates the National Food and Nutrition Policy, aiming to provide individuals and the community with dietary practices appropriate. In this context, the University Restaurant (RU) is an environment conducive to the promotion of adequate diets and the development of healthy eating habits, a precept that should be extended to all places authorized to offer food to the academic community. Thus, the research problem arises: how, at the Federal University of Pará, are actions aimed at encouraging and controlling adequate nutrition offered to students and civil servants, with the aim of developing healthy eating habits? Thus, the general objective of the work is to analyze how UFPA develops actions and programs to encourage and control an adequate and healthy food for students and employees at the Campus of Guamá in Belém, having as a parameter of analysis the national and institutional guidelines for the development of healthy eating habits. Thus, once the case was defined and the field delimited, the research carried out was of a mixed type, based on multiple case study techniques in a quantitative and qualitative approach, in which a bibliographic and documental survey was carried out. Then, a deductive diagnostic analysis of the case was carried out from the bibliographical and documental landmarks based on the interpretation of the data. In this way, the research verified how UFPA promotes programs and actions to promote adequate and healthy eating by the community of students and civil servants, having as an analysis criterion the guidelines of: WHO, the Food Guide for the Brazilian population (2014), the National Food and Nutrition Policy, the National Food and Nutrition Security System, the National Food and Nutrition Security Policy, the National Student Assistance Program and the Integrated Attention Subsystem to Server Health. The product of the master's final work is a case study with the presentation of a Diagnostic Report and a scientific article.Item Acesso aberto (Open Access) Análise e aprimoramento da legislação tributária do icms do estado do Pará, em relação às operações com energia elétrica e sobre a circulação de bens de consumo supérfluo: uma nova regulamentação com enfoque na seletividade, capacidade econômica e justiça fiscal(Universidade Federal do Pará, 2024-03-28) MAIA, Daniel Hissa; COELHO, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; https://orcid.org/0000-0003-2474-6539State tax policy is a substantive element in the equation that levels (or unlevels) inequalities. There would be no point in having an ideal system of progressive public spending if, concomitantly, there is a regressive tax system, which would only result in the maintenance of the social status quo. This equation, however, must be faced by the existing tools in Tax Law. In this context, the main objective of this intervention project is to analyze aspects of the application of selectivity, economic capacity and fiscal justice, in terms of the ICMS levied on operations with electrical energy and on superfluous consumer goods in Pará legislation, the consider the impact of these incidences on the income of people from Pará, on state revenue and on development. Methodologically, the research is based on bibliographical review and documentary analysis, with an emphasis on comparative study, seeking to analyze tax legislation, governing jurisprudence (specifically, Theme n. 745/STF and ADIN n. 7.111/PA), evaluate the legal limitations and possibilities for implementing the principles of tax justice. The consumption of electricity in the population of Pará is addressed, through the analysis of POF/IBGE-2018 and ANEEL data, as well as the consumption patterns of superfluous goods; tax collection data is exposed; the impacts of the latest tax policies on ICMS-Electric Energy are analyzed; and a comparative study is carried out between the legislations, taking an exploratory bias with a qualitative and quantitative approach. As a result, the research proposes to intervene in the legislation of the State of Pará, through the elaboration of the regulatory project with two destinations: the first destined to the ICMS taxation on electrical energy; and the second, to superfluous consumer goods, in search of new parameters, based on disconnected incrementalism, that improve Pará taxation towards achieving selectivity, guided by the principles of fiscal equality and the ability to contribute.Item Acesso aberto (Open Access) Auditoria operacional como instrumento de atuação do tribunal de contas do estado do Pará: construção de uma minuta de manual de auditoria operacional institucional baseado na comparação de experiências(Universidade Federal do Pará, 2022-09-13) MELLO, Daniel; COELHO, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; https://orcid.org/0000-0003-2474-6539This applied research is based on the premise that the postmodern world requires from public administrations governance and management strategies that ensure the achievement of effective results, aligned with the expectations and needs of the recipients of public services, citizens. Understanding that public policies for the fulfillment of the purposes of public management are subject to external control exercised by the Courts of Auditors and that operational audit (AO) is an instrument of supervision in the fulfillment of this role, needing to be technically parameterized, this study aimed to build a draft of the Operational Audit Manual (MAOP), based on a consistent review of specialized literature and mapping scientific evidence regarding the best practices of AO, to be institutionalized by the Court of Auditors of the State of Pará - TCE/PA. The methodological procedures were the bibliographic documentary research, having as its source the research in documents, scientific and technical papers on the subject and existing operational audit manuals, which were the object of qualitative documentary analysis. In addition, focusing on the reality, challenges and specific context of the TCE/PA, a stage of empirical data collection and information of the existing professional experience was carried out through the focus group technique, by which, from the participation of the Court's servers, a picture of the experience in the field of AO was obtained, to contribute to the construction of the MAOP project of the TCE/PA, in an attempt to incrementally improve the manuals already existing in Brazil on the subject and the respective induction of an incremental improvement of the expertise already installed in the court's tables on the subject. The perspective of valuing the concomitant supervisory function of the Court of Auditors was added, and of the AO as an opportunity for the control of accounts to contribute to the faithful fulfillment of the constitutional principle of efficiency of public spending by managers. The principle of efficiency from the perspective of the result, effectiveness, as a service to the primary interest of the collectivity with regard to the demands for quality public services, consistent with the constitutional parameters of promoting equal conditions, social well-being and human dignity, was interpreted. Thus, a draft manual of AO was built for the Court, with a view to potentiating both the greater institutionalization of operational audits in the TCE/PA, as well as the technical quality of the concomitant audit activity carried out by AO.Item Acesso aberto (Open Access) A consensualidade administrativa e o direito à moradia na Amazônia: uma análise do diálogo no promaben I(Universidade Federal do Pará, 2023-04-28) MONTEIRO, Gustavo Tavares; OLIVEIRA , Assis da Costa; http://lattes.cnpq.br/1543002680290808; https://orcid.org/0000-0003-3207-7400This the final report of the research that pursued to answer how does the institutionalization of dialogic participation in legal acts related to living rights, in the stages of formulation and execution of public policies, related to the right to housing, impact the guarantee of this fundamental right in the cities of the Amazon? To answer to the question, the case study methodology was adopted to analyze the first stage of PROMABEN. A bibliographic review of legal texts and texts from other sciences was carried out, as well as the collection of empirical data, such as documents and interviews. Data analysis was carried out through the idea of a cycle of public policies and through the dialectical method, comparing institutionalization with practice. The research identified, in the case, a deficient institutionalization of the dialogue. A causality between the deficient institutionalization of dialogue and its ineffectiveness was verified. The necessity to improve dialogue in public policies like the researched phenomenon was found, by breaking with the ideological bases of Brazilian administrative law, originating from the Liberal State. In addition, it is necessary to strengthen the Democratic State of Law, established by the Federal Constitution of 1988, which requires that the public administration adopt a consensual conformation. Finally, proposals are presented for a better institutionalization of dialogue in public policies related to the first phase of PROMABEN.Item Acesso aberto (Open Access) Desmatamento na Amazônia e a atuação do Ministério Público Federal: análise da eficácia jurídica do projeto Amazônia protege no estado do Pará(Universidade Federal do Pará, 2023-06-06) GOMES, Márcio Nunes; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918This research deals with the role of the Federal Public Ministry of Pará in combating irregular deforestation in the Amazon from 2016 to 2022 within the scope of the Amazônia Protege Project. Launched by the Federal Public Ministry (MPF) in 2017, with the objective of combating the illegal deforestation that occurred from 2016 and curbing other illegal activities in the Brazilian Amazon, the Amazônia Protege Project (PAP) involves a series of actions, including investigations, operations inspection and cooperation with other government agencies. Therefore, it is a case study, focusing on examining the Project, the proposed actions, the procedures used, verifying whether there is legal effectiveness in the results achieved by December 2022 and its relationship with climate litigation. From this study, a consistent and systematic Diagnostic Report was presented at the end with a proposal for improvements regarding the PAP of the Federal Public Ministry. The fight against irregular deforestation in the Amazon by the Amazônia Protege Project brings with it the ideas of sustainable exploration, more effective environmental inspection, and changes in paradigms in the legal field. The aim is to assess whether the Project contributes to reducing deforestation and whether it can be seen as strategic environmental litigation. A descriptive case study is adopted as a methodology, defining the sampling used, that is, the MPF database of processes related to Amazônia Protege, from 2016 to 2022 in the state of Pará, with preparation and collection of primary data, compilation bibliographical information, analysis of the result of the actions until December 2022 with presentation of the intervention report, relating cause and effect between the propositions discovered, issuing suggestions or recommendations that may contribute to greater legal effectiveness and emphasizing practices that deal with the promotion of initiatives aimed at the sustainable balance of the environment, thus guaranteeing the observance of an exploration model whose thesis is to prove that the best solution for everyone is still to maintain the preservation of the Amazon forest.Item Acesso aberto (Open Access) Estudo de caso do polo de conciliação e mediação Elias Souza: o polo indígena da comunidade de Maturuca, estado de Roraima(Universidade Federal do Pará, 2023-05-22) JOSAPHAT, Amaiama Lamarão; OLIVEIRA , Assis da Costa; http://lattes.cnpq.br/1543002680290808; https://orcid.org/0000-0003-3207-7400This Diagnostic Report constitutes the final master's work at the Graduate Program in Law and Development of the Amazon at the Federal University of Pará and is intended for the case study of the Pole of Mediation and Conciliation Elias Sousa, the Indigenous Pole of the Community of Maturuca, located in the State of Roraima, is also the first Indigenous Pole in Brazil. Initially, the report makes a general presentation of the work, discussing the guiding questioning for the development of the research, which is the invisibilization of indigenous legal systems in Brazilian law, and proposes to analyze how the creation of the Polo Indígena de Maturuca took place fundamental for the effectiveness of indigenous legal systems. Methodologically, the research is developed from the interlocution of Law and Anthropology, having as a guide the idea of legal sensibilities developed by Clifford Geertz; as well as the search for foundations on the decolonization of research according to Linda Smith's considerations. From then on, the report advances to a historical context about the invisibility of indigenous peoples since the arrival of colonizers. Next, the report addresses an analysis of the presence and approach to issues inherent to indigenous peoples in the international and national order. Finally, for the final delimitation of the general presentation of the work, the report covers the theoretical foundations referring to legal pluralism and indigenous jurisdictions. After presenting the research, the report proceeds to the case study of the Maturuca Indigenous Pole, having as its starting point the preliminary examination of the spatial context in which the Pole is inserted, that is, the State of Roraima; the performance of the Indigenous Council of Roraima; and the jurisprudential precedents of the Court of Justice of Roraima in the recognition of indigenous jurisdictions. After the factual contextualization of the diagnosis, the report finally proceeds to carry out the case study of the Maturuca Hub, describing how its creation and implementation took place; how was the community's relationship with the local Judiciary, and how this relationship improved with the creation of the Polo; how the community dealt with conflicts before the Polo was implemented and how this treatment was given after its creation; the effects arising from the implementation of the Polo; and the verification of the Polo's autonomy in relation to the Court of Justice of Roraima. Finally, the report lists the analysis of the data collected, with the verification of the experience of the Maturuca Hub as a precedent for the effectiveness of indigenous jurisdictions and the development of mechanisms for affirming these jurisdictions; as well as pointing out the perceived challenges for the effectiveness of indigenous legal systems in the Brazilian legal system.Item Acesso aberto (Open Access) A fiscalização como instrumento de mitigação dos impactos ambientais na extração de minério agregado à construção civil: estudo sobre a exploração do seixo no município de Ourém/Pa(Universidade Federal do Pará, 2023-06-06) CAVALCANTE, Wanderson Marques; TEIXEIRA, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983; https://orcid.org/0000-0002-7979-2404; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918The aforementioned research starts from the academic reflection of a citizen and countryman who experienced and still experiences the challenges of the researched place, the municipality of Ourém/PA, located in the Microregion of Guamá, in the northeast of Pará, about 150 km from the capital Belém. We investigate the environmental, social and economic impacts in their multiple aspects, caused by the exploitation of aggregate ores for civil construction, also known as non-metallic ores, such as: sand, pebbles and gravel. The study area of the research analyzed the exploitation of the ore known as pebble, which is used in civil construction works, this ore explored in the city of Ourém/PA, which is one of the main municipalities for sand and pebble exploration in the State of Pará. It is noteworthy that the extraction of pebble ore, widely used in civil construction in the Guajará Integration Region (Belém, Ananindeua, Marituba, Benevides and Santa Bárbara do Pará) has not received the deserved attention of public, private and research entities. academic, even though it is considered one of the most important ores for the Brazilian mineral sector in the field of civil infrastructure, which, due to the large volume, has sensitive consequences for the local socio-environmental context. In this sense, we seek to investigate whether the licensing and supervision of the municipality for this type of ore is efficient, considering that the municipality is the public entity responsible for licensing and inspection. As a methodology, the deductive method was used, using a reasoning that starts from a singular or particular premise for more general reflections. In the research, the study of the bibliographical, legislative and jurisprudential correlated to the subject was used. We sought to understand the relationship between the municipal inspection activity and the environmental consequences experienced by the exploited surroundings. The conclusion is that the action of the municipal public power falls short of the need, and the environmental impacts are an externality that will be left to society to solve.Item Acesso aberto (Open Access) “Guardiãs da trilha dourada”: o movimento de mulheres das ilhas de Belém (MMIB) e as práticas coletivas no enfrentamento à violência doméstica e familiar contra as mulheres ribeirinhas na ilha de Cotijuba-PA(Universidade Federal do Pará, 2023-06-06) MARÇAL, Ana Léa Chagas; SOUZA, Luanna Tomaz de; http://lattes.cnpq.br/5883415348673630; https://orcid.org/0000-0002-8385-8859The present research portrays the history of the "Guardians of the Golden Trail", the Women's Movement of the Islands of Belém (MMIB) that operates in the Island of Cotijuba (PA), reflecting on the collective practices in the face of violence against women experienced in the particular Amazonian riverside. Divided into three "scenes", alluding to the filmic narrative, the research addresses in the first scene how the socio-spatial dynamics of exclusion and the non-recognition of the identity and way of life of the riverside communities of Belenenses have given rise to serious and complex social and economic problems that affect the inhabitants of the region, among them, the precariousness of basic services and the absence of public policies aimed at the local population, exacerbated by the urban-centric vision that favored the expansion of the metropolis to the detriment of this inseparable environment of its territory. In this context, the research proposes to highlight the silencing and vulnerability of Amazonian riverside women, positioned on the margins of official history – and academic debate – with the practices of resistance as the central point of collective female identities, presenting the true protagonists of this history. In the second scene, the trajectory of the struggle of feminist and women's movements for the recognition of rights and the legislative achievements of protection and combat against domestic and family violence against women is shown, highlighting the creation of the Maria da Penha Law and the implementation of the service network for women in situations of violence in the State of Pará. In the third scene, the emergence of emancipatory collective actions coordinated by women is highlighted, as a counter-movement capable of generating social transformations, showing the pioneering action of the Women's Movement of the Islands of Belém (MMIB) in confronting domestic and family violence against riverside women in the insular region of the municipality of Belém (PA), specifically on the island of Cotijuba. In the methodological river course, a bibliographic review was used, in addition to field research of ethnographic inspiration through participant observation and narrative interviews with the interlocutors. As an interventional proposal, a documentary was made that consisted of the scripting and editing of the interviews captured during the field visits with the purpose of producing audiovisual material for sharing and socializing the research with the academic and local community.Item Acesso aberto (Open Access) Reconhecimento do hospital veterinário da UFPA como ator institucional voltado à proteção da fauna silvestre da área endêmica Belém(Universidade Federal do Pará, 2023-04-28) GÓES, Lília Nazaré Limão Barros de Oliveira; FISCHER, Luly Rodrigues da Cunha; http://lattes.cnpq.br/5038078976448551; https://orcid.org/0000-0002-1662-8703This professional master's study proposes to present the possibility of including the Veterinary Hospital (HV) of UFPA, belonging to the category hospital for wild animals, in the list of establishments described in the fauna protection structure recognized in Brazil. In order to demonstrate how you can obtain recognition and regularization as a wildlife rehabilitation establishment with environmental agencies. It presents, for the composition of the present study, a technical note that brings the history of the foundation of the HV, its legal nature and purposes of action; the normative frameworks that subsidize the performance of veterinary hospitals in Brazil and adaptation to fauna protection standards; the challenges for it to be recognized as a category of establishment for the use and management of wild fauna; and the way in which the HV should be structured in the administrative organization of UFPA. Action-research was used as a method, developed through the collection of data regarding the Hospital scenario, the interpretation of its challenges and the observation about the possibility of adapting to the norms for the protection of the Brazilian fauna, such as Normative Instruction nº 07/2015 of IBAMA and Resolution n° 489/2018 of CONAMA. Furthermore, the importance of resolving the problem of its still non-compliance with one of the categories of use and management of wild fauna present in the aforementioned regulations is justified. It concludes that there was no provision in the environmental legislation for the wild animal hospital category to which the HV belongs, but such a challenge does not prevent its regularization from occurring, so that it can perform its functions freely and with support regarding the necessary care for wild fauna, mainly from degraded areas such as the Belém Endemic Area. Reflecting, therefore, its environmental regularization, a way for UFPA to contribute more and more with a service of social, environmental and animal relevance.Item Acesso aberto (Open Access) Relatório diagnóstico do procedimento de acordo de não persecução penal (anpp) na região metropolitana de Belém nos anos de 2021 a 2022(Universidade Federal do Pará, 2023-06-01) SABBAG, Daniel; SOUZA , Luanna Tomaz de; http://lattes.cnpq.br/5883415348673630; https://orcid.org/0000-0002-8385-8859; VERBICARO, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; https://orcid.org/0000-0002-3259-9906This research aims to provide an in-depth diagnosis of the non-criminal prosecution agreements (ANPP) entered in the Metropolitan Region of Belém (RMB) between September 2021 and September 2022. The methodology adopted includes a comprehensive bibliographic survey, in which doctrines will be reviewed, scientific articles and jurisprudence to understand the most recent approach related to this institute. After the bibliographic review, the research will focus on the identification and analysis of the agreements made, using information provided directly by the inventory of the 5th Public Prosecutor's Office for Penal Executions, Penalties and Alternative Measures, which is responsible for the execution of these agreements. The research aims to provide a comprehensive and detailed understanding of contract clauses and their practical applications. It is expected that the report resulting from this research will be of immense relevance for society, especially for professionals working in the criminal area. By providing a comprehensive overview of non-prosecution agreements and their implementation in the Metropolitan Region of Belém, the report will be a valuable resource. In addition, the report will serve as a solid basis for the work of the Public Defender of the State, allowing new and better strategies to be outlined in this business model. Through this work, it is expected not only to contribute to the academic and practical knowledge around the ANPP, but also to jointly provide valuable information to improve the performance of the responsible bodies and ensure that the criminal justice system operates more efficiently and fairly to everyone involved. Based on these results, stakeholders will be able to assess the effectiveness of the ANPP as an instrument of justice and, if unavoidable, adjust their approaches and policies accordingly.Item Acesso aberto (Open Access) Warao mulheres em deslocamento: um estudo sobre a política pública de acolhimento de indígenas refugiadas em Belém-Pa nos anos de 2017 a 2021(Universidade Federal do Pará, 2023-08-07) ANDRADE, Vívian Lis Paes de Freitas; SMITH, Andreza do Socorro Pantoja de Oliveira; http://lattes.cnpq.br/1050234621474472The Warao people, forced to move due to several events that occurred in their territory of origin, started to cross the border from Venezuela to Brazil in 2014, entering the country through the northern region. In Belém, the first group arrived in July 2017. From there, it was possible to observe a continuous and growing flow of displacements of Warao indigenous people to the municipality. In this scenario, the Warao women stand out, who, on the one hand, arrive largely vulnerable, due to the articulation between ethnicity and gender, which can be viewed from an intersectional approach, and on the other hand, assume the protagonism that determines their experiences in the context of displacement. Vulnerabilization and protagonism, therefore, justify the gender focus attributed to the research. Therefore, the positive action of public authorities is imperative, through the implementation of public policies that are really effective and adequate for indigenous women. In this perspective, the present work aims to analyze to what extent the public policy for the reception of indigenous refugees implemented in Belém is adequate to the ethnicity and gender condition of the Warao women. Thus, we sought to identify who the Warao are and the context of forced displacement they experience; to analyze the categories of ethnicity and gender, from an intersectional approach, the situation of vulnerability and protagonism and crafts as a resistance practice of the Warao women; demonstrate the relationship between the State and national indigenous peoples and the Warao ethnic group and the contexts of violence in which they are inserted; and analyze Vivir Bien as a parameter for a public policy of adequate reception for Warao women, from a decolonial perspective, and the role of the prior consultation protocol as an instrument to decolonize public policy. About methodology, a decolonial methodological path was adopted, with a qualitative approach, with a bibliographic and documentary research design. Finally, it was understood that it is necessary to decolonize the public reception policy, and this is done through the prior consultation protocol. With the results of the research, a product for practical intervention was presented, which was the course entitled “Warao women and municipal public policies: a necessary dialogue on migration, ethnicity and gender in the service flows in Belém-PA”, aimed at professionals who work in the care of the Warao people in Belém. Then, the intervention was carried out, as a strategy for the impact of the product on society.