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Navegando por Assunto "Direito fundamental"

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    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/0000-0002-1662-8703
    The 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.
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    O direito fundamental ao meio ambiente do trabalho equilibrado em face da monetarização dos riscos: a análise do caso dos trabalhadores do Projeto Salobo desenvolvido no Sudeste do Pará
    (Universidade Federal do Pará, 2017-04-28) VIEIRA, Lucas Rodrigues; NASSAR, Rosita de Nazaré Sidrim; http://lattes.cnpq.br/2092928958819725
    The present dissertation deals with the problems related to the ineffectiveness of the fundamental right to the environment of work, especially due to the adoption of a purely monetarizing policy of risks that is only concerned with financially compensating workers for exposure to agents harmful to their life and health, As verified in the labor demands related to the Salobo Project developed in the Southeast of Pará. Thus, the main objective of the work is to verify the legal instruments that can be used to promote a healthy labor habitat for employees, as a way of protecting physical integrity and consequently reduce the rates of industrial accidents and occupational diseases, to the detriment of discussions restricted to the imposition of additional remuneration (additional to insalubrity and dangerousness) that do not serve to encourage the adoption of medical norms and security job. For this, the dissertation carried out a survey of the doctrine and the national and international legal order, as well as qualitatively analyzed four judicial processes of the Salobo Project judged by the Regional Labor Court (TRT) of the 8th Region in the last two years. The work was constructed in three chapters. The first chapter addressed the definition, characteristics, and functions of fundamental law norms, based on the thoughts of Robert Alexy. Subsequently, historical, conceptual and legal aspects related to the work environment. The second chapter discussed the formation of the risk society, according to Ulrich Beck's theory. After that, the main risks arising from the work activity were discussed and the policy of mere monetization of environmental risks at work was discussed. Finally, the third chapter examined the working conditions of workers in the Salobo project developed in Southeastern Pará, based on lawsuits that were processed in the TRT of the 8th Region, and pointed out the alternatives to the realization of the fundamental right to the environment of balanced work. In conclusion, the research verified that the workers of the mentioned project were exposed to risks to their well-being, but only monetizing instruments were used that do not alter the conditions of the working environment, not making use of preventive and precautionary measures, such as, for example, inhibitory tutelages combined with temporary emergency orders.
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    A Judicialização da saúde: análise das consequências na gestão dos municípios de Belém e Ananindeua
    (Universidade Federal do Pará, 2022-12-14) CAVALCANTI, Leandro Calvoso; RIBEIRO, Krishina Day Carrilho Bentes Lobato; http://lattes.cnpq.br/6139091369185463
    The subject proposed to be addressed consists of a sad social reality, which must always be brought to the fore to enable it to be debated and ways to reduce the current illness seen in Brazilian public health be created. The constitutional norm guaranteeing health as a state duty is already 33 years old, since it was regulated by the 1988 Constitution, regulated by law 8080. The problem to be researched is verified when the judicialization of health, regarding the distribution of medication, reaches the Municipal Management, given that every time there is a judicial decision the Municipality is obliged to comply, otherwise it may suffer severe financial sanctions with daily fines that would affect him even more. With this, the guiding question of the research permeates How do judicial sentences related to obtaining medicines change the normal processes of access to public health in municipalities? Thus, to obtain an answer, the research will use as a universe the judicial demands in disfavor of the municipalities of Belém and Ananindeua and the form of data collection will be through consultations in the public farm court of the State of Pará, with the intention of enriching what is discussed here. through quantitative data of the lawsuits directed against these municipalities that deal with health care, in particular, the supply of medication. For this, the research will be based on two methods for the elaboration of this study. It will use characterization as a method to robustly demonstrate the issue of the judicialization of health. This time, it will use essentially bibliographical research, making up the current relevant legislation, as well as the vast doctrine that encompasses several thoughts on the subject that will be discussed and its confrontation with current jurisprudence. This means that the study will be based on the understanding of the Brazilian courts to form a better conviction on the topic addressed. And in the same way, it will base its research on the quantitative method, which through the data collected, in the period from 2019 to 2021, in 190 demands for lawsuits in disfavor of the researched entities, will demonstrate the consequences of the judicialization of health in the municipal management of the municipalities of Belém and Ananindeua, in order to achieve the general objective of this work, which is to analyze the phenomenon of the judicialization of health, in the Municipal scopes, in addition to the following specific objectives: to elaborate a timeline demonstrating the different phases related to the judicialization of health in Brazil; Discuss the changes in the management of the municipalities in question in view of the judicial sentences related to medicines; and to summarize how the phenomenon of judicialization of health in the municipalities of Belém and Ananindeua impacts those users of the public health service who only seek to be attended in an administrative way.
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