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.
Navegar
Navegando Programa de Pós-Graduação em Direito - PPGD/ICJ por Agência de fomento "CNPq - Conselho Nacional de Desenvolvimento Científico e Tecnológico"
Agora exibindo 1 - 5 de 5
- Resultados por página
- Opções de Ordenação
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) Jurisdição constitucional e precedentes vinculantes no Brasil(Universidade Federal do Pará, 2011) MAGALHÃES, Breno Baía; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364The work provides some discussion regarding the binding effect, which aim to reconcile such institute within the practice of Brazilian judicial review, pointing out the importance of the constitutional interpretation made by the Supreme Court and the protection of fundamental rights. In said work, precedents are binding principles, which have gravitational force justified by the principle of equality in applying the law and the constitutional complaint is considered an important instrument for the interpretation of the binding precedent, capable of keeping the ways open for further distinguishing or reconsideration of prior decisions. Thus, the category that imposes the formal binding is the decision norm, which is a legal proposition able to sustain the ruling of the court on the (un) constitutionality of the act. We conclude that the refusal to give a broader transcendent binding effect indicates a strengthening of the diffuse control, allowing the interpretation and development of the precedents. Ronald Dworkin´s theory of law was chosen to support the conclusions of the study.Item Acesso aberto (Open Access) Lei Muwaji: dos discursos do enfrentamento aos diálogos do reconhecimento(Universidade Federal do Pará, 2013-06-28) SÁ JUNIOR, Adalberto Fernandes; VAZ, Celso Antônio Coelho; http://lattes.cnpq.br/0547983721448176This dissertation analyses the constitutionality of the legal project nº 1.057/2007, mostly known as Muwaji Law, that deals with, according to its text, the struggle against indigenous peoples’ traditional customs that are “harmful” to the human rights of children. We concluded that this project is unconstitutional for disrespecting the self-determination right of these peoples. First, it undermines the equality principle, the right to non-discrimination and the mutual recognition convention. The indigenous minorities are treated in a discriminatory manner. Secondly, the fairness principle, the self-government right and the convention of consent are not respected. Indigenous peoples did not participate in due processes of political deliberation. Finally, the integrity principle, the right to cultural integrity and the convention of continuity are not taken into account. The Amerindian perspectives on childhood are not respected. As a method, we use the theory of law as integrity by Ronald Dworkin.Item Acesso aberto (Open Access) Monetização dos riscos no meio ambiente do trabalho uma leitura a partir do liberalismo igualitário(Universidade Federal do Pará, 2014) TAVARES, Sílvia Gabriele Corrêa; NASSAR, Rosita de Nazaré Sidrim; http://lattes.cnpq.br/2092928958819725This thesis analyses the Risks Monetization in the Work Environment – phenomenon that authorizes the financial compensation for the worker due to his exposure to risks existing in the place of work –, which is done by the optics of the Egalitarian Liberalism of John Rawls and Ronald Dworkin. The first chapter analyses and compares the liberal egalitarian theories presented by John Rawls and Ronald Dworkin with the Economic Analysis of the Law theory of Richard Posner. The second chapter demonstrates which are the brazilian juridical practices related to the risks monetization. The third chapter makes a norm and principles based analysis in order to answer if it is necessary to reform those practices, analyzing, yet, which are the obstacles for the effective workers protection.Item Acesso aberto (Open Access) Pagamento por serviços ambientais: perspectivas para a proteção e uso dos recursos naturais(Universidade Federal do Pará, 2009-08-31) SÁ, João Daniel Macedo; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918Payment for environmental services (PES) is a collective strategy which incorporates a new model of management for public policies and private instruments for environmental conservation. This work analyses the viability of PES models in the Amazon region, looking at the Latin America experiences. We will demonstrate that it is essential to identify the services provided by the ecosystem to determine supply and demand in the market. We will also show that the viability of the schemes depend on the capacity of the agents for contracting, which demand an accurate analysis about property rights on the selected regions. Under the Brazilian law, so far, there is no explicit recognition of the environmental services to enable a financing system that could be used to recover deforested lands and also guarantee the accomplishment of environmental law.