Navegando por Assunto "Direito"

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A ciência do direito como uma ciência humana: estudo sobre os fundamentos filosóficos e jurídicos do processo de autonomização epistemológica da Ciência do Direito de Hans Kelsen
(Universidade Federal do Pará, 2014-05-29) MARTINS, Ricardo Evandro Santos; COSTA, Paulo Sérgio Weyl Albuquerque; http://lattes.cnpq.br/4135075517359609
The paper explains the philosophical foundations of the process of autonomization of the Hans Kelsen‟s Legal Science. The studies are focused on the debate about the epistemological foundation of the Human Sciences and how this influenced the Pure Theory of Law. The objectives are: a) investigate how the nineteenth-century debate about the epistemological foundation of the Human Sciences influenced the formulation of the kelsenian Legal Science; b) to study what are the legal and philosophical assumptions of the Kelsen‟s Pure Doctrine of Law c) to know what would have been the contributions of the Master of Vienna in this quest for reasons for give autonomy to Legal Science from Natural Sciences. Thus, the first Chapter discusses the Philosophical Positivism of August Comte and John Stuart Mill. The second Chapter introduces the movement of Neo-kantianism since Adolf Trendelenburg until the Marburg School. The third Chapter wants to know about the Philosophy of Wilhelm Dilthey and how He tried to make a "Critique of Historical Reason", as well as reasons for the Human Science comprehensive method. The fourth Chapter talks about the Neo-kantianism of the School of Baden, especially the Heinrich Rickert‟s Philosophy, explaining mainly the Principle of the worlds and The Principle for the concept-formation. The fifth Chapter deals with the formation of the tradition of legal positivism of the nineteenth century, especially the Germanic world. And finally, the sixth and last Chapter deals with the refutation by Kelsen to the Thesis of Gerber, Laband and Jellinek, and also, this finally chapter talks about the "the two methodological limits" of his Pure Doctrine of Law that, in the end, it can respond: yes, Kelsen did the Science of Law as Human Science, but not the same way as Rickert and other philosophers who discussed this topic since the nineteenth century. Kelsen was defending the idea of a Normative and Autonomous Legal Science that presupposes the postulate of axiological Relativism.
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Comunidade quilombola Tipitinga: organização, identidade e direito à terra
(Universidade Federal do Pará, 2018) FARIAS, Antonio Edson; ARAÚJO, Arivaldo Silva de
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A educação jurídica positivista e as diretrizes do ensino jurídico: currículo e prática pedagógica no curso de direito da UFPA no horizonte das competências e habilidades
(Universidade Federal do Pará, 2012) MORAES, Élcio Aláudio Silva de; COSTA, Paulo Sérgio Weyl Albuquerque; http://lattes.cnpq.br/4135075517359609
This thesis discusses the contemporary legal education from the perspective of the influence of the theoretical and methodological legacy of legal positivism on the organization of the law curriculum in Brazil. Specifically, it examines the political-pedagogical project of the UFPA law school and its curriculum, which is attached to theoretical dogmatism, clearly observed by the disciplines that follow the written law and by the unilateral pedagogy developed in class, predominantly based on lectures. The research focuses on the critical analysis of the National Curriculum Guidelines of Legal Education, which opted for critical, reflective and humanists abilities and skills, in contrast with the UFPA political-pedagogical project of its law course, organized in the traditional sense, in which persist dogmatic pedagogical practices, the teaching as transmission of knowledge, as verbalization of a content that prioritizes the formal rules and procedures, and that forgot the learning for emancipation.
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Legislação ambiental e economia do crime na BR-163 e PA-370: análise do mercado madeireiro ilegal
(Companhia Brasileira de Produção Científica, 2018-08) CARVALHO, Abner Vilhena de; SILVA, Fabiane Miranda da; CARVALHO, Rhayza Alves Figueiredo de; GUIMARÃES, Jarsen Luis Castro; CARVALHO, André Cutrim; ALMEIDA, Rodolfo Maduro; TANAKA FILHO, Mario; SANTOS FILHO, Manoel Bentes dos
The state of Pará is home to a significant portion of regional vegetation, and this opens the economic eye toward profitability - licit and illicit, that the forest can generate through logging. The Environmental Crimes Law was created to combat and punish environmental illicit such as illegal logging. In this sense, the general objective is to carry out the environmental economic analysis about the seizure of illegal wood from processes processed / judged and finalized under the jurisdiction of the archive of the Santarém Forum (PA), registered in the years 2006-2016. The data come from cataloging performed in the archive of the Forum of Santarém, tabulating: the year of infraction; the type of person who committed the crime; the type of charge seized - identifying the volume and the species (s); as well as the fine imposed by environmental agents and the final fine paid. From this, through statistical programs, the methodological technique of cost-benefit estimation of the illegal timber market was applied, which compared the estimated value of the load - environmental economic loss, with the fine that was paid by the offender after the final decision given by the judge. The analysis of the results was based on the specificity of Law 9.605 / 98 regarding illegal logging and, in Gary Becker's economic theory, focused on the analysis of criminal activities. In sum, it was observed in the results that the estimated value of the charge seized, in almost all cases was greater than the fine imposed, the latter can still be paid in installments, making the environmental recomposition is minimal. It is evident that if the initial penalty were applied, the offender's average profit margin would be approximately 31.74% in relation to the potential benefit, which, according to Becker's theory, would keep the illegal activity in full employment. operation. However, the results show that, on average, that profit margin of the potential crime benefit amount is approximately 67%, which makes logging illegally attractive and rewarding, as the 'potential benefit' of the activity has been quite higher than the economic costs of the penalties. Therefore, it is necessary to apply more effectively the Law on environmental crimes, as well as governance activities in relation to hiring more environmental agents to prevent, combat and seize loads that are out of illegality, as well as greater activity judiciary in judging cases.
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Os media, direito e decisão judicial: observação de suas operações a partir da teoria dos sistemas de Niklas Luhmann
(Universidade Federal do Pará, 2020-08-11) PEREIRA, Debora Simões; GRAES, Isabel Maria Santos; VAZ, Celso Antônio Coelho; http://lattes.cnpq.br/0547983721448176
This thesis discusses the operations carried out between the media and the judicial system, based on Luhmann's theory of systems, seeking to understand how the judiciary reacts to external noises coming from the media. In carrying out this study, we sought to bring a new perspective on the subject, given its relevance to the social environment and recognizing that it has already been the subject of other research. The conception that is aimed to be achieved is to deconstruct a negative idea, erroneously disseminated in society, especially regarding the role of the media, in which their real importance is not recognized, identifying them as an obstacle to the correct application of the law by the courts. With this in mind, each system was studied in isolation, distinguishing its binary codes, its elements and the operations that occur internally. And, only from this, we investigated the irritations coming from the media system on the judicial system, verifying how this affects the decisions of the courts and the production of certainty. Thus, it was up to this work to verify whether, in the face of these interferences, there is a structural coupling between the two systems or an intrassystemic corruption of the media system over the judicial system.
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O papel da narratividade na teoria do direito de Ronald Dworkin: há uma teoria narrativa em “Como o direito se assemelha à literatura”?
(Rede Brasileira Direito e Literatura, 2019-12) GUIMARÃES FILHO, Gilberto; MATOS, Saulo Monteiro Martinho de
This paper has the purpose of assessing the role of narrativity in Ronald Dworkin’s theory of law. The research question is to know whether Dworkin’s theory of law can be considered a narrative theory of law. By narrative theory, we mean a theory that is based on a heuristic characterization of plots, narrative genres, characters etc.Dworkin introduces six theses in order to link literature and law, in his classic “How law is like literature”: (1) law, as a practice of identifying valid legal propositions, can be better understood whencompared to the practice of literature (synechist methodology thesis); (2) the compression of the practice of law always involves a descriptive and valuative dimension (normative theory thesis); (3) every judgment about art presupposes a theory about whatart is(aesthetical hypothesis); (4) every judgment about valid legal propositions presupposes the determination of what law is (political hypothesis); (5) the political hypothesis of law depends on understanding the intentionality of the political community (chain novel); and (6) The chain novel depends on understanding the institutional history of the political community (institutional history thesis). This paper’s conclusion is that Dworkin’s theory must be seen as a narrative theory, and thatwithout such narrative aspect, his theory would simply be a legal naturalistic theory, since the purpose or value of the law would thus become absolute.
Acesso aberto (Open Access)
Os princípios e limites metafísicos do estado jurídico em Kant
(Universidade Federal do Pará, 2014-11-11) CARDOSO, Victor Moraes; CORÔA, Pedro Paulo da Costa; http://lattes.cnpq.br/3785172545288511
This dissertation sets in a bibliographic research, of an analytical, critical and reflective nature about an epistemological universe that encompasses the principles and metaphysical boundaries of the Legal State in Kant, which addresses the rational grounds, as immutable and universal archetypes, of the Legal State, from what Immanuel Kant teaches in his Doctrine of Right. With this guideline and considering the misinterpretations of the fundamental principles of law, preliminarily, outline some divergent conceptions of the said project, which are 'rejected' in the course of this dissertation. Then it explains the role played by reason in the theoretical and practical purposes, with the aim of fixing the locus occupied by a Moral System in Practical Philosophy. This system consists of two subdivisions, namely Ethics and the Law. Thus, it is established law as a practical science, with its concept. And yet, it discusses the theme of freedom, which pervades the entire path taken in the development, its relation to practical reason, as well as the distinction that exists between will and freedom of choice. These considerations allow subsequently characterize the law, but without forgetting to distinguish it from the Ethics. Also can explain the principle and the universal law of the Right as criteria of legitimacy and justice, law and principle that refer to freedom of choice within which coercion is presented as an analytical element. The accountability is another issue addressed, which presupposes the idea of freedom, whose absence would deprive the law of all meaning. Thus, it follows the private law, arguing it until reaching its premise, whereby it is possible to get right on any object outside the freedom of choice. It examines, instead, the institutes of Private Law, say, the Right in rem, Personal rights and the Personal Rights of in rem character. Is entered, then, the Public Law, presenting the Legal State as guarantor of rights that are pre-existing. On this track, going up to the formal requirements of the State, which is the tripartition of powers and their relationships. Other points for the Legal State are also addressed, such as citizenship and its relationship to state power, the alleged right of revolution, the duty to reform the Civil Constitution, the Right to Punish. It is noteworthy that try to overcome a difficulty that is not addressed in any written consulted: the accountability of public officials. However, the shape of the Legal State is also addressed. Moreover, spin up some lines to individual and social rights and their relationship to the fundamentals of law. Anyway, after all trodden path, it appears that Legal State is a duty imposed by practical reason - an end in itself which runs from metaphysical principles - ones who can offer us an unchanging model and irreplaceable State.
Acesso aberto (Open Access)
Terra de ninguém! o que será do pae santo afonso com a implantação do terminal portuário de uso privado – tup Abaetetuba?
(Universidade Federal do Pará, 2021-11-23) VASCONCELOS, Tatiane Rodrigues de; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881
The research has as a reference the recognition of the right to territory for traditional peoples and communities in the Santo Afonso Agroextractivist Project, located in the Xingu Island, in the municipality of Abaetetetuba/Pa, in the scope of the National Program of Agrarian Reform through the National Institute of Colonization and Agrarian Reform-Incra in partnership with the Secretary of the Union Patrimony. In order to identify the paths to the recognition of rights for traditional peoples and communities, the research goes through the indicators of the creation of the settlement, including, describes about the sparse legislation. The object of analysis is the settlement PAE Santo Afonso, located in the municipality of Abaetetuba-Pará, on the Xingu islet and the confrontation of struggles and resistance in the installation of the port enterprise identified as Tup-Abaetetuba-PA owned by the company Cargill. The study presents the characterization of the PAE Santo Afonso with regard to the riverside way of life and the normative adjustments since the implementation Ordinances, in addition to the reflection of Law No. 13,465/2017 with the Regulatory Decree No. 9,311/2018 With regard to methodology the study had a qualitative and quantitative direction using multi-methods, which includes direct observation, focus groups and suggestion of participant interviews. The research subjects were the riparians of the Community Vilar, Xingu and others from the Association of the Pae Santo Afonso. The qualitative data were analyzed from the bibliographic references, document of constitution of the PAE, as the field research. Thus, based on the analysis of the materials collected, it was found that the site is legally a differentiated Project Ambientally and the subjects that live there struggle and resist in an attempt to maintain decent housing.
Acesso aberto (Open Access)
Transparência na gestão pública municipal: a opinião de representantes da sociedade em relação à Lei de Acesso à Informação (LAI) nos municípios do Sudeste do Pará (Rondon do Pará, Marabá, Redenção e Parauapebas)
(Universidade Federal do Pará, 2018-08-31) CARMO, Miraci Matos do; SILVA, Fábio Carlos da; http://lattes.cnpq.br/3704903975084467
This research sought to analyze the transparency on municipal public management considering the opinion of the representatives of the organized civil society from Rondon do Pará, Redenção, Marabá and Parauapebas regarding the Law of Access to Information (LAI). The current work focused on analyzing the perception of organizations, in the person of their representatives, such as: City Halls, Public Ministry, Commercial Association, University, Non-Governmental Organizations (NGOs) and Residents Associations in the municipalities where the research was carried out. The publishing of Law 12.527/2011 introduced a new way to handle public information, by establishing the rules to its access. Therefore, in this process of regulation to the access of information it is important to comprehend all the factors that permeate that transformation, to analyze the perception of the population regarding this law, what is the opinion formation that society is taking from this process. To serve this purpose, the methodology classified as exploratory and descriptive utilized the field research as a form to collect data on a sample of 39 questionnaires that were applied to the most relevant social actors of the participant cities. The data processing utilized descriptive statistics and a set of statistical techniques. The results made it possible to reveal aspects such as: the profiles of the respondents; the knowledge of the representatives about LAI, as well as their access to the portals of transparency of the cities; it demonstrated information about the holding of public hearings; the results allowed to show evidence of the degree of agreement and disagreement of the representatives of the organized civil society regarding the general aspects of the Law of Access. Finally, there are proposed suggestions for the operationalization of future research on opinions regarding the Law of Access to Information, Law 12.527/2011.
Acesso aberto (Open Access)
Verdades e verdades: uma análise a partir do filme “A caça”
(Universidade Federal do Rio de Janeiro, 2018-12) MADEIRO, Roseane Torres de; NICOLAU, Roseane Freitas
This article aims to discuss the notion of truth to psychoanalysis in its interface with the law, for which the truth is sought in the facts through research; psychoanalysis, in turn, seeks to reveal the truth in the said subject. We will take the film The hunt (Jagten) because its plot is woven from the search for evidence of a fact allegedly occurred and based on the speech of a child, initially taken as truth. Thus, we question the practice of Testimony Without Damage, which consists of a survey with children, to establish the truth of the facts.