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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Dissertação Acesso aberto (Open Access) A Autocomposição e o poder público: a câmara de negociação, conciliação, mediação e arbitragem da procuradoria-geral do estado do Pará(Universidade Federal do Pará, 2021-09-13) JESUS, Thiago Vasconcellos; SILVA, Sandoval Alves da; http://lattes.cnpq.br/2744878887909140; https://orcid.org/0000-0002-1795-2281The general objective of this research is to investigate the possibility of self-composition negotiation in conflicts involving the Public Power, questioning the excessive and customary litigation in the judiciary, based on a deductive method and comparative procedure, with bibliographic technique and collaborative research with the Coordinators of the self-comform chambers of other States that have already implemented it. The aim was to identify the possible benefits of persuasive rational dialogue, multi-door system and self-compositional negotiation as possible instruments for meeting human needs, prevention and conflict resolution. Next, the right to procedures and access to justice were indicated as kind of fundamental rights that must be guaranteed by the State, including self-comparatous procedures for the resolution of conflicts; questioning the unavailability and public interest with a possible conceptual resignification from the Democratic State of Law that respects the principle of the dignity of the human person and ensures the fundamental rights and guarantees, among others, of access to justice, efficiency and democratic principle; by collating between excessive and customary litigation in the judiciary and self-regulation for implementation by addressing the theory of the implementation, with the specification of its elements by those involved. Search-be contextualized and indicate procedural premises, principles and phases of self-composition, as well as the Harvard Negotiation Program as a possible procedural path of self-compositional negotiation. Self-composition is evaluated within the state of Pará, noddedly the Chamber of Negotiation, Conciliation, Mediation and Arbitration of the State Public Administration of Pará created by Complementary Law No. 121/2019 and the criteria of submission to the Chamber, training of the head, collaborative research with the coordinators of the Chambers of the States of Pará, Pernambuco, Alagoas, Goiás, Minas Gerais and Rio Grande do Sul, in addition to a numerical comparative study with the State of Rio Grande do Sul, a pioneer to implement the self-composition state Chamber. The overall result of the research indicates the possibility and continuous progression of self composition negotiation within the State of Pará, encouraged with the creation of the Negotiating Chamber, Conciliation, Mediation and Arbitration of the State Public Administration linked to the Attorney General's Office of the State of Pará as an instrument of access to justice, being recommended the training and effective use of negotiation techniques to increase the chances of meeting the interests and needs of those involved in the conflict, with the conclusion and implementation of the agreements, especially in cases of greater complexity, even if the conflicts submitted to Negotiating Chamber, Conciliation, Mediation and Arbitration of the State Public Administration are mostly demands of mass and/or less complexity.Dissertação Acesso aberto (Open Access) Defensoria pública e aplicação de métodos extrajudiciais nos estados da região norte do Brasil nos períodos 2006-2008 e 2018-2021(Universidade Federal do Pará, 2023-05-17) CALDAS, Aline Rodrigues de Oliveira; VAZ, Celso Antônio Coelho; http://lattes.cnpq.br/0547983721448176The promotion of extrajudicial conflict resolution is the institutional duty of the Public Defender's Office. It is the only function that receives, in the list of constant attributions in its national organic law, the addition of the word “priority”. This is an activity that was established in the original wording of the aforementioned regulatory law (and consisted of promoting extrajudicial conciliation between the parties) and that, since the advent of Complementary Law n.º 132/09, it encompasses the various techniques of composition and conflict management, appearing, in our times, as a priority institutional function. However, numerous factors can prevent or hinder the fulfillment of this institutional mission, such as the deficit of public defenders, lack of specific training, workload, lack of budgetary resources, structural difficulties (materials, support staff, etc.), the indispensability of working with the Judiciary (defense in court), the deficient coverage of services, inadequate environment, among others. Thus, in view of the difficulties faced and considering that this is a priority function determined by law, this research investigates the application of extrajudicial methods and techniques for dealing with conflicts by the Public Defender's Office in the assistance provided by the institution, and adopts as a spatial cut the Public Defenders of the Northern Region of Brazil-DPEs. To this end, it analyzes the proportionality/disproportionality and continuity/discontinuity existing between the cases received by these public defenders and the number of extrajudicial agreements entered into during these periods (those not judicially approved), as well as strategic planning and institutional organizational charts. The method used is hypothetical-deductive, with qualitative and quantitative research of the descriptive, analytical and explanatory type, and later inferential. In qualitative research, bibliographical and documentary research is used. In conducting the quantitative research, the main source of data is the National Public Defender's Survey (2022), and the time frame is the periods correlated to the database used (2006-2008 and 2018-2021). As a result, when collecting the data and performing the statistical analysis, it was found that the DPEs in the northern region effectively apply extrajudicial methods and techniques for dealing with conflicts, but apply them regularly with low intensity; and, in general, with reduced use over time.Dissertação Acesso aberto (Open Access) Mulheres, justiça e caminhos de dor: um estudo empírico nas varas de violência doméstica e familiar de Belém - PA(Universidade Federal do Pará, 2018-04-11) LOPES, Twig Santos; ROSENBLATT, Fernanda Cruz da Fonseca; http://lattes.cnpq.br/9453548142022203; PINHO, Ana Cláudia Bastos de; http://lattes.cnpq.br/3470653249189577Based both on an extensive literature review and field work, this research aims to analyze the limits and tensions faced by women in situations of violence that had access to justice through the domestic violence courts of the State Court of Justice of Pará (Brazil). For the theoretical component of this study, a review of critical criminology and feminist theories elaborated in the socio-legal field was conducted. As for the empirical part, this included both, observations of hearing procedures, as well as semi-structured interviews. The interviews allowed to understand the paths taken by women in situations of domestic violence within the judicial agency, as well as the magistrates perceptions about their own work. The discussion presented is intertwined with the narratives collected in the field, which help to identify the problems involved in the relationship between the criminal justice system and women in situations of violence, a relationship marked by varied forms of institutional violence – revictimization – against these women. The analysis highlight, above all, these women’s narratives and perceptions about the criminal justice system and the way they feel treated within court proceedings. The fieldwork made possible to identify the difficulties related to the inability of protection mechanisms and of legal assistance contained in Law no. 11.340/2006, known as “Maria da Penha” Law, as well as revictimization processes triggered by state agents. The methodological approach is qualitative and interdisciplinary.