Dissertações em Direito (Mestrado) - PPGD/ICJ
URI Permanente para esta coleçãohttps://repositorio.ufpa.br/handle/2011/3418
O Mestrado Acadêmico em Direito pertence ao Programa de Pós-Graduação em Direito (PPGD) do Instituto de Ciências Jurídicas (ICJ) da Universidade Federal do Pará (UFPA). Em 1984, foi reconhecido pela CAPES o Curso de Mestrado em Direito Público. Em 1987, o PPGD passou por um processo de reformas, que deram origem a duas Áreas de Concentração: Instituições Jurídico-Políticas e Instituições Jurídicas e Sociais na Amazônia. Atualmente, o Programa oferta cursos de Mestrado Acadêmico e Doutorado (único da área de Direito na Amazônia), e se estrutura em torno de uma única Área de Concentração: Direitos Humanos. Possui cinco Linhas de Pesquisa: Constitucionalismo, Políticas Públicas e Direitos Humanos; Direitos fundamentais: concretização e garantias; Direitos Fundamentais e Meio Ambiente; Estudos Críticos do Direito; Sistema penal e Direitos Humanos. Sua missão é formar profissionais que, compreendendo a realidade local, rica em recursos, mas ainda com baixos índices de desenvolvimento econômico e social, trabalhem para transformá-la. Para isso, objetiva ofertar sólida formação teórica, aliada à competência política e social.
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Item Acesso aberto (Open Access) Acessibilidade arquitetônica, barreiras atitudinais e suas interfaces com o processo de inclusão social das pessoas com deficiência: ênfase nos municípios de Abaetetuba, Igarapé-Miri e Mojú/PA(Universidade Federal do Pará, 2013-12-11) NONATO, Domingos do Nascimento; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645This dissertation examines the precarious conditions of architectural accessibility in public roads , buildings and public transportation system and collective and attitudinal barriers faced by disabled people incessantly in the municipalities of Abaetetuba Igarapé-Miri and Moju/Pa, both in urban as in rural areas. Scrutinize the guarantee of the fundamental architectural accessibility in light of ethical and political foundations inserts on international, constitutional and infra relating to the matter. We used a set of theoretical-methodological procedures which enabled us to analyze and understand the real role that architectural and attitudinal barriers desemprenham as barriers to full social inclusion of people with disabilities in municipalities alluded. From the perspective of sculptured figures in the Constitution as human dignity, equality, citizenship and social inclusion, which consign this right lacks effectiveness, especially the fragrant disregard to situations related legal rules, corresponding to a real ideal to be reached. Another ride, we understand that ensure the conditions for architectural accessibility demands the commitment of many segments of society, eliminating stigmas, stereotypes, prejudice and discrimination and providing people with disabilities contributions of material resources by eliminating architectural barriers in order to ensure them access, mobility and enjoyment of public goods and services in a satisfactory manner, regardless of the impediments , restrictions or physical impairments that have biological or functional . Given the blatant mismatch between the undeniable advances in administrative plans and pertinent legal matter and reality fateful present proposals or referrals viable political and reputable aimed at realization of the right to accessibility as a corollary of the fundamental right to sustainable and inclusive city. It is to ingratiate the dictates of equality in its many aspects, and respect for differences. This entails various orders and changes in various dimensions and must involve the whole society.Item Acesso aberto (Open Access) As ações afirmativas como instrumento de inclusão social: uma análise à luz da teoria da igualdade de recursos de Ronald Dworkin(Universidade Federal do Pará, 2012) VALENTE, Karla Rafaelli Ribeiro; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794This study intends to discuss affirmative action as able instruments to promote the social inclusion of vulnerable groups, specifically black people. We try to justify the use of affirmative actions by the State from the perspective of distributive justice, from the conception of the theory of “equality of resources”, developed by c. To justify the use of these measures, we set from the Dworkin's liberal political theory, trying to analyze the values that comprise it, whice are: liberty, equality and community. Inside this discussion of the justification for affirmative action, we established that they should be guided by the criteria of justice, adequacy and efficiency, under penalty of being unconstitutional and innocuous. We understand that this discussion fits perfectly to the Brazilian reality, which is marked by profound social exclusion. Furthermore, any analysis of the substantive content of equality needs take place in the context of a “normative political theory”. That’s why we choose to study this question from Dworkin's theory, which is consistent with the precepts contained in CRFB/1988. After forming this fundamental basis, we start to analyze the case in Brazil, taking as a paradigm the policy adopted by UFPA through Resolution nº. 3.361/2005/CONSEP, investigating whether the measure adopts the minimum retro-mentioned criteria.Item Acesso aberto (Open Access) Ações afirmativas: a constitucionalidade da política de cotas para negros em universidades brasileiras(Universidade Federal do Pará, 2013-11-01) ALMEIDA, Thaiana Bitti de Oliveira; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645The object of this work is to demonstrate the possibility of implement quota for black people in brazilian universities aiming to reach material equality throughout affirmative actions, as a way of minimalizing the consequences of historically cultivated prejudices that are still alive in our society under forms of discrimination. To accomplish this goal, we have proceeded to the analysis of the principle of equality and non-discrimination, linked to the principle of human dignity according to Ingo Sarlet's formulations. Afterwards, the theories of justice by John Rawls and Ronald Dworkin, named justice as equity and equity of resources, are studied as well as their relations with affirmative programs. Proceeding the research, we have studied the affirmative actions and the quota policies toward brazilian universities, tracing the characteristics of Brazil's academic population and highlighting the importance of equally ensuring the access to higher education. We analyze the criterion of justice, compatibility and efficacy identified by Brito Filho, the same ones that justify the implementation of quota and that are present in Ronald Dworkin's work, applying each of them to brazilian reality. Finally, we have demonstrated the quota policies' constitutionality in Brazil under the pluralist view about this subject that comes from Federal Supreme Court.Item Acesso aberto (Open Access) A ambição dos Pariwat: consulta prévia e conflito socioambiental(Universidade Federal do Pará, 2016-07-12) OLIVEIRA, Rodrigo Magalhães de; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048This paper discusses the situational application of the right of free, prior and informed consultation the different ethnic groups in contexts of social and environmental conflicts produced by projects characterized by intense exploitation of territories and natural resources. The dissertation is located in the interdisciplinary field of Legal Anthropology, whose theoretical and methodological contributions help in the understanding of the uses of law, in addition to legal-centered approaches concerned with compliance / non-compliance with state law. Social and environmental conflict, legal sensitivity, legal pluralism and interlegality are the fundamental categories of analysis. Through ethnography of social and environmental conflict surrounding the Hydroelectric Plant São Luiz do Tapajós project, i seek to show that the federal government and the indigenous people Munduruku have differing legal sensibilities about the situational application of prior consultation. The government's legal sensibility and munduruku legal sensisibility adjust to a broader dispute in which different agents compete to regulate ethnic rights globally. The work shows how human rights may be appropriate creatively by ethnically differentiated groups to strengthen their political struggles.Item Acesso aberto (Open Access) Bem jurídico e princípio da proporcionalidade: uma análise crítica da pena em abstrato(Universidade Federal do Pará, 2010-05-20) SANTOS, Manuela Bitar Lélis dos; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478This research shows that there are some dispositives in the criminal law where the penalty in the abstract is disproportionate, either a lack of a well-deserving of legal protection law or because the quantum of the penalty does not fit the riteria of proportionality. It presents the “bem jurídico penal”, exposing its evolutionary synthesis, its concept, the principles of minimum intervention and offensiveness, as well as issues relevant to the existence of legal rights supraindividual criminal and constitutional issues of taxation of criminalization. It analyzes the principle of proportionality, developing its concept, content, its historical origin and evolution, the constitutional dedication and nomenclature in comparative law. When it refers to the content of proportionality, it adopts the current that presents the subprinciples suitability, necessity and proportionality in the strict sense as fundamental aspects of proportionality in the broad sense. It brings some criminal law examples that fall outside the rule of proportionality, considering the legal interest in care. It concludes that it is necessary to fit the Brazilian criminal law with the parameters of proportionality and to the requirements of the legal doctrine of “bem jurídico penal”, decriminalizing some conducts or adjusting the penalty in the abstract.Item Acesso aberto (Open Access) Caso Ximenes Lopes vs. Brasil: responsabilidade do Estado e Ordem Jurídica Internacional(Universidade Federal do Pará, 2007) TORRES, Gustavo Oriol Mendonça; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794The human rights violation of people who suffer from mental issues was recognized by the Inter-American Court of Human Rights. The case Ximenes lopes Vs Brasil has reveled in which ways the State, who should be the biggest guardian of this groups’s rights, used do take actions of isolation, maltreatment in psychiatric hospitals that didn’t respect the human dignity. The conditions in which the death of Damião Ximenes Lopes happened, showed the inhuman and degrading actions that were wrongly taken in our country. The Inter-American Court besides determining the payment of pecuniary indemnity asked the Brazilian State to guarantee that theses violations won’t happen again. The Federal Govern, because of theses facts, has structured a process of uninstitutionalization of pacients in psychiatric institutions, which has brought great advances, but hasn’t represented the real necessity of people who need them. The evaluation of these programs reminds us the fundamental discussion about how the Inter-American System of Human Rights may supervise theses steps of non-repetition, contributing to a new view about people with mental issues.Item Acesso aberto (Open Access) Compliance na corte interamericana de direitos humanos: um estudo a partir da propriedade comunal indígena(Universidade Federal do Pará, 2016-02-05) NEVES, Rafaela Teixeira Sena; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314The objective of this study is to examine compliance with the judgments of the Inter- American Court of Human Rights cases involving violation of the territorial rights of Indigenous Peoples, with awards made between of 2001 to 2005. The study of cases Mayagna (Sumo) Awas Tingni vs. Nicaragua and Yakye Axa vs. Paraguay examines the jurisprudential construction of communal property, the Institute of compliance with the inter-American human rights system and the supervision stage of compliance with the judgments made by the Inter-American Court of Human Rights. Seeks to determine whether and how the mechanisms of this system interfere in cases compliance level. The empirical test as a methodology, relates a quantitative and qualitative analysis of compliance with the judgments repair orders. The findings allow us to consider the development of the monitoring mechanism of the system and re-evaluate their effectiveness in the affirmation of Human Rights of Indigenous People.Item Acesso aberto (Open Access) Cotas raciais na UFPA: as percepções de estudantes cotistas sobre suas trajetórias acadêmicas(Universidade Federal do Pará, 2015-06-11) LEMOS, Isabele Batista de; CONRADO, Monica Prates; http://lattes.cnpq.br/6141735247260273In the field of studies about the functioning of race-based affirmative programs, the research delimits the Amazon region, precisely the Federal University of Pará (UFPA), to analyze the narratives of students who entered into the university by the racial quota system and have graduated or are close to complete their graduation. Through methodology based on life stories, thirteen academics from Law, Social Sciences, Computer Engineering and Medicine were interviewed, in order to make them talk about their experiences during the graduation as black students and as racial quota beneficiaries. The conclusions of this study suggest that, referring to the thirteen students interviewed, the program of UFPA has been effective in providing for these young people the access and the successful stay at the university, although they still face financial difficulties, problems to access cultural benefits and prejudice, both because they are racial quota beneficiaries, both because they are black.Item Acesso aberto (Open Access) As Crias da casa: uma analise sobre a caracterização do trabalho infantil domestico exercido em condições análogas as de escravo nos procedimentos do Ministério Público do Trabalho da 8ª Região(Universidade Federal do Pará, 2020-07-30) GARCIA, Anna Marcella Mendes; SOUZA, Luanna Tomaz de; http://lattes.cnpq.br/5883415348673630; https://orcid.org/0000-0002-8385-8859; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567; https://orcid.org/0000-0003-4955-1949The present study aims to investigate the occurrence of work analogous to slavery in cases of domestic child labor investigated by the Regional Labor Prosecutor's Office of the 8th Region-PRT-8/MPT, in Para. This is a bibliographic and documentary research, based on the deductive method, which sought to individually analyze, in a quanti-qualitative way, 41 (forty-one) procedures cataloged by PRT-8 as domestic child labor, in order to verify if there were elements that characterize modern slavery. Initially, the theoretical bases of the conceptualization of modern slavery in Brazil were examined, with emphasis on the influence of international norms on the theme and the Kantian theory of human dignity in the construction of the Brazilian penal type. Then, the legal prohibition of child labor was approached, from the presentation of the different notions of childhood that prevailed in the country over time, culminating in the current understanding of children and adolescents as rights holders and development people, whom the full protection doctrine must be applied. The data that indicate the failure of Brazil in the effective eradication of child labor was exposed, as well as the profile of children and adolescents exploited in these conditions. Subsequently, the structure of the MPT was presented, its role in combating slave-like labor and child labor, and the problem arising from its division into thematic coordinators found in the research. Here, an indicators sheet was applied to the PRT-8 procedures, which contained, among other questions, the presence of one or more of the modes of execution of the offense typified in article 149 of the Brazilian Penal Code, which characterize the criminal type, and the classification, by PRT-8, of the occurrence of the crime of exploiting labor analogous to slavery. From the analysis of the procedures it was extracted that in more than half of the cases there were characteristics of child slave-like labor, however none of them were classified as such by the PRT-8. It was also concluded that the majority of the victims were non-white girls and that most of the cases occurred in the capital, Belem. In order to examine the historical relationship between domestic child labor and slave-like labor with social markers such as race, gender and class, data from empirical research on the themes were analyzed, isolated and intersectionally, and bibliographic production on the subject. It was deduced that the cataloging of ministerial procedures in thematic coordinators that do not interact with each other, associated with the historical naturalization of domestic child labor performed by non-white girls in the State of Para, meant that some procedures were not correctly classified as slave-like labor and, consequently, the applicable legal measures were not adopted, resulting in potential harm to the victims.Item Acesso aberto (Open Access) O dano existencial decorrente da violência psicológica no âmbito doméstico e familiar contra a mulher: uma análise dos julgados junto ao Tribunal de Justiça do Estado do Pará(Universidade Federal do Pará, 2022-10-03) ESTEVES, Lorena Meirelles; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324The present research was carried out with the objective of investigating how the Court of Justice of the State of Pará interprets and applies the non-patrimonial sheet damages resulting from cases of domestic and family psychological violence and what are the criteria and grounds used to quantify these damages. To this end, a study was carried out on the damage and the need to provide conceptual autonomy to the existential extra-patrimonial damage, which is understood to focus on cases of domestic and family psychological violence so that, from then on, it is possible to enable its treatment. adequate legal system, in order to conceptualize and quantify these damages based on coherent criteria, in order to guarantee protection and protection of the rights of these victims and grant them an effective fight against violence and due access to justice. For this, it was necessary, from the outset, to identify the origin and the social historical construction that provides elements to the existence of gender inequality and that results in a sexist institutional and social system that oppresses and excludes women, these, understood as any and all woman who identifies and recognizes herself as such, including them in their different individualities, subjectivities and intersectionalities. In this scenario, in view of the various forms of violence perpetrated against women throughout history, this study focused specifically on the psychological violence suffered by them, in the domestic and family context, as described in item II of article 7 of the Maria da Penha Law, perpetrated by partners or former affective partners who practice a harmful act that culminates in an existential damage, which, for its characterization and quantification, must take into account not only its historical aspect, but also the consequences harmful to the life, life project, dignity and health of these victims. In this way, through the deductive method, based on theoretical framework and legal norms, a research was carried out on the website of the Court of Justice of Pará and Jusbrasil, in addition, and from the qualitative analysis of the identified decisions, it was evidenced that the aforementioned court has not used the concepts and methods suitable for the classification, conceptualization and quantification of the off-balance sheet damage arising from domestic and family psychological violence perpetrated against women, resulting in a failure to provide effective compensation, prevention and punishment to the victim , moving away from fulfilling the functions of civil responsibility and, consequently, the guardianship and protection of women's rights, compromising their dignity and access to justice.Item Acesso aberto (Open Access) De direito indigenista a direitos indígenas: desdobramento da arte do enfrentamento(Universidade Federal do Pará, 2009) MACHADO, Almires Martins; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918This paper addresses the right Guarani, with its principles, nuances in conversation and subsumption of community issues. How to resolve conflicts in various fields of law, in a society Guarani. Discusses the importance that traditional religion has for the native law, which stems from the holistic mind. Discusses the principles of law Guarani: solidarity, reciprocity and prevalence of the collective interest of the individual. While dealing with indigenous law, the focus is on the right to hold property Guarani. The value is the theoretical framework of legal pluralism, to sustain it as a legal system, although thought and legislated differently than national law. In the end, enters on the adverse outcomes of external intervention, without due care anthropological necessary to such actions, departing in this case who is in charge of defending the legal right and interest indigenous. Explains the difficulty that has to work with right of indigenous peoples, to the limited literature that deals with it and because each indigenous people has its own ways of thinking and applying the law.Item Acesso aberto (Open Access) Desacordos teóricos na filosofia do direito contemporânea: a influência da filosofia da linguagem no debate Hart-Dworkin e a tentativa de sua superação através da teoria dos planos de Scott Shapiro(Universidade Federal do Pará, 2018-02-08) RODRIGUES, Filipe Augusto Oliveira; MATOS, Saulo Monteiro Martinho de; http://lattes.cnpq.br/1755999011402142This work has as general objective to analyze the influence of philosophy of language on the Hart – Dworkin Debate and the overcoming tried by the planning theory of Scott Shapiro, focusing the theoretical disagreements. This objective is always sought by the mixture of two elements. In the first place, the exploration of the existing arguments in legal theory. Secondly, the relation of these arguments to those presented in fields of general philosophy. Our hypothesis is that the study of this debate and relationship show us that Dworkin's theory of disagreements is the best explanation of the problem, but at the same time the opposing theories chosen are using several methodological elements that represent advances that have been made in general philosophy, such as the perspective of the plans proposed by Michael Bratman. We attempt to demonstrate this hypothesis through the principal analysis of four authors and their influences, namely Ronald Dworkin, H.L.A. Hart, Jules Coleman, and Scott Shapiro. Through this analysis we hope to demonstrate how the foundations of the proposed theories have been changing the focus from philosophy of language to other fields and which is the state of legal theory with this advance. As result, we defend the point that the hypothesis is right and even without the best explanatory capacity, the new theories of law need to be better analyzed and their earnings better considered.Item Acesso aberto (Open Access) Os desafios de ser mulher consumidora no brasil: um estudo sobre as desigualdades nas relações de consumo(Universidade Federal do Pará, 2022-08-26) RODRIGUES, Isabelle de Assunção; SOARES, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419; https://orcid.org/0000-0002-2663-3303This research aims to discuss the inequalities, contradictions and discrimination suffered by Brazilian women in consumer relations, based on non-biological notions of gender. It seeks to highlight the challenges faced by consumers throughout their lives, from childhood to seniority; from analogue to digital consumption, which cause violations either in the patrimonial sphere or in the moral sphere of women. From traditional to innovative media, advertising campaigns involving women are historically seen as either hypersexualizing or stereotypical. In digital consumption, specifically, there is algorithmic discrimination, practiced especially in the face of women. Thus, the legal basis of equality and non-discrimination, as well as the concepts of “conduct harm” (LEAL, 2018) and “harmful state” (FONSECA, 2019), become fundamental for the understanding of Brazilian women as consumers. hypervulnerable, raising as some possible solutions the application of the theory of dialogue of sources as a way of making compatible the various existing normative instruments for the protection of women; the initiatives of the Government and, especially, the union of women through consumer associations. The methodology used, regarding the procedure, was the legal and transdisciplinary bibliographic research, in areas such as Sociology, Philosophy, Constitutional Law, Civil Liability, and, regarding the approach, the deductive method was used, starting from the premise that women are hypervulnerable or hypervulnerable, and inductive, using recent data and studies.Item Acesso aberto (Open Access) Despatologização das vivências trans: o impacto da abolição do diagnóstico de gênero nos direitos das pessoas trans(Universidade Federal do Pará, 2017-05-10) OLIVEIRA, Manoel Rufino David de; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645The aim of this study is to discuss the impact of trans depathologization on the rights of trans people within the Unified Health System (SUS). The methodology consisted in a bibliographical research, based mainly on authors such as Berenice Bento (2006), Pierri Henri Castel (2001) and Miriam Ventura (2010), and a documental research, based on documental references such as international diagnostic manuals and executive regulations of the “Protocolo Transexualizador”. In addition, the field research was conducted through data collection with semi-directed interviews of transgender users of the “Protocolo Transexualizador” within the “Ambulatório TT”, whose statements made up the corpus of the empirical tracing of this dissertation, at the same time in which illustrated and reinforced the argument about the research object. In order to do so, at first, it was discussed the definitions of gender in the social theories, in order to understand how gender can be understood as an analytical and political category. With the purpose of delimiting the understanding of “gender” and “trans experiences” adopted in this research, it was also analyzed how the demands of trans population are recognized at an international and national level. Therefore, in the second part of the study, it was examined the historical process through which the transsexuality dispositive was constructed, based in chronological analysis of the "transexual phenomenon", as well as verifying how the transsexuality dispositive is perpetuated in law and bioethics. In the third part of the research, it was analyzed how the public health policies focused on the health of the Brazilian trans population pathologizes the trans experiences, highlighting the reality of social exclusion faced by the users of the “Protocolo Transexualizador” of the SUS. Furthermore, it was investigated the development of trans depathologization project at an international and national level and the legal and bioethical implications of the application of this strategy in Brazil. At the end, it was revealed that the trans depathologization is a viable strategy of social inclusion, only if applied from a parameter of health as complete physical, mental and social well-being and reassured by a gender identity law.Item Acesso aberto (Open Access) Diálogo entre cortes: a recepção da jurisprudência da corte interamericana de direitos humanos no Brasil: uma análise das decisões dos Tribunais Regionais Federais e do Superior Tribunal de Justiça(Universidade Federal do Pará, 2015-06-16) ALBUQUERQUE, Lígia Chiari Mendes; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364The present work analyzes the judicial dialogue between the Inter-American Court of Human Rights (IACHR), the Brazilian Federal Regional Courts and The Superior Court of Justice. It is understood that Brazil is inserted in a context of legal pluralism, since it is subjected to more than one human rights protection order. To reconcile these orders is necessary to seek a non-hierarchical solution, being the judicial dialogue one of them. The work analyzes the types of dialogue, the ways in which the courts can relate to and the position of national judges in relation to the regional law on human rights. We, then, searched the websites of the Brazilian Courts objects of this study to identify decisions that used the jurisprudence of the Inter-American Court as a reasoning for deciding the cases. From these results it was concluded that the judicial dialogue between these courts is still in it’s early point, depending in many times on the personal initiative of certain magistrates, although we have found some significant results qualitatively, that shows that the dialogue is possible and would be positive as in protecting human rights.Item Acesso aberto (Open Access) O direito de ser diferente: uma análise do direito à educação inclusiva das pessoas com deficiência(Universidade Federal do Pará, 2018-12-12) MAURO, Fádia Yasmin Costa; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794The present research defends the right to be different in the school, analyzing the perspective of the inclusive education of people with disabilities, to answer the question about which is best way to realize it within the society in order to promote the ideals of distributive justice that guarantee on equal terms the right to education of individuals with disabilities. To respond this question, this study is divided into three chapters. It first defines key elements such as who is disabled, social phenomena that leads to discrimination, among other fundamental definitions in order to answer who is the addressee of the right and why is important the recognition of difference. In the second chapter, it discusses what is inclusive education and how it is carried out, promoting a critical analysis of the main institutes that implicate in the understanding of the theme. Finally, this study makes a defense of the right to school inclusion, using political philosophy, from the theory of "justice as fairness" in Rawls as the one that best fulfills the idea of equality in the granting of rights and satisfies the premise of inclusive education for people with disabilities, and is complemented by Nussbaum's reading of human capacities, allowing the school development of these students and, therefore, considering these individuals from their singularities for the ensure of an effectively fair, human dignity and respect for difference. It is a study that aims to discuss the best way to promote access to inclusive education for people with disabilities, so that they receive qualitative teaching and capable of stimulating their abilities, from the perspective of international and national laws and theories of justice. The methodology adopted is eminently theoretical-doctrinal, using a regional and national bibliographic survey and also the philosophical references adopted in the present research, with the purpose of carrying out an interdisciplinary scientific study capable of contributing to the evolution of human rights, particularly to deficiency.Item Acesso aberto (Open Access) O direito fundamental à saúde como direito subjetivo: a perspectiva do liberalismo de princípios(Universidade Federal do Pará, 2016-04-29) RIBEIRO FILHO, Hermann Duarte; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794This work aims to analyze the fundamental right to health as a subjective right in the context of Brazilian constitutionalism, from the egalitarian through the theories of John Rawls, Ronald Dworkin and Amartya Sen. We expose first the two ideas of justice that we think that when applied in practice turn out to halt the proper conduct of the fundamental right to health, and these ideas are Utilitarianism through the theories of Jeremy Bentham and Stuart Mill, and Libertarianism, as proposed by Robert Nozick. Then we show why we believe that egalitarian liberalism is a better alternative to these theories. After, we will explain the concept of human dignity and its relationship with the existential minimum. And finally, we will analyze the contours of the right to health in the Brazilian legal system, exposing briefly about the Sistema Único de Saúde (Brazilian public health system) and demonstrating what is the effectiveness of constitutional norms establishing the right to health, and then illustrate how the Supreme Court Federal uses the concept of subjective right and one of the main decisions on the topic: Injunctive Reliefe Suspension 175.Item 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/4319696853704535The 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.Item 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/0000-0003-1908-9618This 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.Item Acesso aberto (Open Access) Direitos sexuais e políticas públicas: o combate à discriminação para a concretização dos direitos humanos de lésbicas, gays, bissexuais, travestis e transexuais (LGBT) no estado do Pará(Universidade Federal do Pará, 2011) SOUZA JUNIOR, Samuel Luiz de; CONRADO, Monica Prates; http://lattes.cnpq.br/6141735247260273The Public Policies constructed and implemented specifically for the LGBT community have been a parameter of state action in the first decade of this century, based on experiences in the same direction of policies to fight Aids since the early 80th century past. Accordingly the present work is focused on the stage of implementation of these policies, confined State of Pará, management of the executive branch state from 2007 to 2010. It is necessary to understand the mobilization and construction of LGBT movement for the achievement of government’s attention to their demands, considering also that the problem of discrimination pervades the intersectionality of various social indicators, constituents of brazilian society. Then, the objective is to qualify the demands of the LGBT Movement and Sexual Rights, undertood in the perspective of Human Rights, in order to achieve them, using as a possible instrument, public policies. Finally, we present a brief overview of how the connections made with the states in 90 years of the twentieth century and first decade of this century by the LGBT Movement allowed the construction of public policies articulated for this segment of society, to then analyze the particularities of the implementation of public policies in Pará, from the spreeches of the managers.