Navegando por Assunto "Direitos humanos"

Agora exibindo 1 - 20 de 97

Acesso aberto (Open Access)
Aborto, sexualidade e direitos humanos em escritos do Judiciário
(Universidade Federal do Pará, 2011) SOUZA, Estella Libardi de; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048
Based on the fundamental principles provided by the Human Rights - equality, freedom and respect for human dignity – this paper discusses women's right to abortion. It examines how, in recent decades, the demand for the legalization of abortion was established as a right to abortion, especially by the feminist movement in the context of social struggles in Brazil, and how this right was inserted into the speech of Human Rights, from the theoretical formulation and normative construction of sexual and reproductive rights. Contextualizes the denial of women's right to abortion in the context of gender norms and regulations about sexuality. Discusses the possibility of recognition of this right by the Brazilian judiciary, by analyzing processes on abortion in Belém (PA) and judgments of the superior courts relating to claims for judicial authorization for termination of pregnancy in cases of severe fetal anomalies. The examination of the legal practice of abortion in Brazil reveals that the judiciary is a battlefield in which the right to abortion is still in dispute.
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/6271053538285645
This 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.
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/7823839335142794
This 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.
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/6271053538285645
The 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.
Acesso aberto (Open Access)
Ampliação do intervalo intrajornada: um dano existencial
(Universidade Federal do Pará, 2015-12-21) TUMA, Márcio Pinto Martins; NASSAR, Rosita de Nazaré Sidrim; http://lattes.cnpq.br/2092928958819725
Since the appearance and consolidation of capitalism as a way of predominant production in the World, the work time was the main question from the conflicts between the working class and capital, situation that endures until the present date, according to the statistics of Judiciary Labor Power. In that context, the present work was dedicated specially to investigate the legal discussion related to the chronological time of work, notedly about the possibility of ampliation, by collective rule, of maximum level of intra journey interval foreseen in art.17, caput of CLT. Were used , to attainment the proposed goal, the bibliography search in books, periodicals and scientific magazines, beyond the test of preceding of the Superior Labor Court and field research consubstantiated in interviews realized with 400 workers linked at supermarket category and the hotels, bars and restaurants in Belém. The work is divided in three chapters and begins from the understanding of relation of environmental in general and environmental of labor and the relation with the work time, including from a historical perspective, that extends until today. The initial chapter also is dedicated to correlate work time with dignity from human person and the degrading work, besides to investigate the social function of working break and the reflexes to the life quality of worker and to the society as a whole. In the second chapter, the study falls on the legal prediction causing extend the labor interval and examining of your constitutionality, from a traditional hermeneutic, or by intermediate of a post positive exegesis. In sequence proceded the analysis of judged selected on jurisprudential search, coming from TST, from which the discussion moves to suggest the measures that could be adopted to modify the panorama jurisprudential that was pictured. Lastly, the third chapter, the research was dedicated to situate the existential damage in the universe of immaterial damages, conceptualizing and investigating the autonomy, to that, in the end, could to demonstrate the existential injury that was endured by workers in result of expansion the intraday interval, which was made starting the results obtained the field research with the categories selected.
Acesso aberto (Open Access)
Análise da politica sobre drogas no Brasil a partir da criminologia crítica
(Universidade Federal do Pará, 2016-05-16) ROSA, Sérgio Antônio; RODRIGUES, Saulo Tarso; http://lattes.cnpq.br/8585243462003260
The goal of this dissertation was to analyze the Brazilian legislation on drug policy, analyzing the different regulatory treatments dispensed by law No. 11,343/2006; the counterpoint of criminal justice and justice and the effectiveness of Therapeutic Justice. The problem that aimed to do the research is: How the Brazilian legislation treats the different drug cases, in terms of penalty? The treatment to the dealer, the dealer and the drug user may considered fair and ressocializador, IE, you can retrieve the individual and free him from drugs, in addition to reinsert it in society? What is more effective, Therapeutic justice with the insertion of ' shame ' treatment or prison drug user in Gen pop? From the point of view of the proposed research, method follows the inductive-deductive logic, as it makes deductions of existing standards. As for data collection, the research qualifies as literature review, whose secondary data obtained in the Federal Constitution, Codified laws, ordinary legislation, doctrine and jurisprudence, books, articles and reports, among others. This is a literature review based on articles already published in the literature on the subject in question. It is preferable that the person comply with a feather or alternative treatment, instead of going to prison, where the biggest criminals are and, because of this, view your linked life irreparably to the world of crime. Law No. 11,343/06 is the path of legal maturity. In the same sense, the doctrine behind subsidies sufficient to resolve the issues. Nevertheless, the law has more positives than negatives, and only the practical analysis of the individual case will make possible a better interpretation of its rules.
Acesso aberto (Open Access)
Análise de documentos que compõem as noções acerca das práticas de "exploração de trabalhadores rurais": um estudo genealógico
(Universidade Federal do Pará, 2011) GOMES, Geise do Socorro Lima; LEMOS, Flávia Cristina Silveira; http://lattes.cnpq.br/8132595498104759
This paper presents a foucauldian genealogical analysis concerned discursive practices of power directed at workers, especially in rural areas, which constitute the object of "slave labor". We started from the different nomenclatures that are used to describe the practices of exploitation of workers in Brazil, to give visibility to the different fields struggle which materialize in objectification and subsequent subjectivity of these workers. We hypothesized that there is in this power-knowledge game disputes involving government control practices and biopolitical mechanisms operated by various segments that are called upon to arbitrate about people lives through the scope of work. Each nomenclature, thus, would occupy a strategic position in order to "defend", "represent" the field of knowledge which speaks about. These disputes culminate in the production of documents, some of whom were chosen to be analyzed in this work dissertational. These are documents of national and international level, so that these practices were problematized in two levels, as they realize they both interpolate and sometimes they are rivaled each other in creating strategies and tactics conducted for the care and management of workers. Thus, it was found, throughout cut series of documents over, that grows a demand for application of punishment of those found guilty of carrying out exploitative practices, and among others approached series, there is an extension of a tutelary complex, which begins to be encouraged to control and surveillance of workers, encouraged by international organizations like the International Labour Organization, and other movements and civil society groups, which help in producing public politics that often end up functioning as a form of control risks that possibly these workers are subordinate, using statistics to justify their interventions. Take notice, therefore, that a paradox of biopower pass over these practices, placing them in a field of management and control of life, where we ask ourselves: indeed are the human rights and dignity of these people taken into account or only occupy a place within the field of possible events to be controlled by practices of governmentality? We conclude by trying to articulate these issues to the production of names used to describe the practices of exploitation of workers by placing them in government strategies of the population.
Acesso aberto (Open Access)
Áreas protegidas na Amazônia brasileira como instrumento de gestão ambiental: a situação do município de Oriximiná, estado do Pará
(Universidade Federal do Pará, 2013) FLORES, Maria do Socorro Almeida; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
Creating intervention restricted environments from the expansion of human activities was the model used by industrialized countries to preserve remaining ecosystems of their development process. Brazil adopted this restrictive model through the creation of protected areas, among other instruments. This thesis examines the establishment of protected areas as an instrument of environmental policy in the brazilian Amazon to use as empirical observation units the protected areas in the Calha Norte region, in the State of Pará, which corresponds to a region with low human impact and, as an area located in the endemism guiana region, high concentration of biodiversity, as well as the presence of considerable sociobiodiversity (indigenous civilizations, Quilombola communities and traditional populations). This thesis examines this issue considering the possibility to visualize in environmental management the sustainability of the biodiversity maintaining, which includes respectively the physical basis, the nature resources and the cultural, religious and indigenous peoples ways of life, the Quilombola remaining communities and traditional populations in the region. The primary goal of this thesis is to show that the legal protection of biodiversity and socio-biodiversity is intrinsically related to the concept of bio-responsability, which is based on a set of factors such as legal, political, administrative and economic establish relationships between them to ensure environment sustainability not only as a passive legal good, but as a dynamic allocation process, contributing with the elements to construction of a new meaning for the biodiversity protection, which includes especially the sociobiodiversity by considering the protected areas as one of the instruments for this conceptualization.
Acesso aberto (Open Access)
A atuação do sistema interamericano de proteção dos Direitos Humanos na defesa dos direitos econômicos, sociais e culturais
(Universidade Federal do Pará, 2011) TEREZO, Cristina Figueiredo; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
This following doctoral thesis aims to study the performance of the organs of the Inter-American Human Rights System regarding the protection and promotion of the economic, social and cultural rights. For this, the research starts with considerations about what would be such rights, analyzing and refuting theories and concepts that have tried to refuse them as Human Rights norms, which would have motivated the development of vague normative provisions and the absence of monitoring mechanisms as well, as had been planned for the scroll of the Human Rights group, called civil and political rights. In order to demonstrate that economic, social and cultural rights are part of a fully justiciable rights group, the thesis also examines elements that are commonly attributed to them, such as: such as progressive achievement, prohibition of retrogressive measures, maximum available resources and minimum core content, from what is developed by the United Nations Committee on Economic, Social and Cultural Rights, to thereafter present how the organs of the Inter-American System deal with such issues. Of the study of international norms and of the monitoring international system, that were specially built for the economic, social and cultural rights, are verified several levels of legal obligation, of which proposes a classification for the different mechanisms to the access of the regional Human Rights Protection System, which can be directed to the supervision of a jurisdictional organ or quasi-judicial, or by other means that also promote those rights and allow redress in case of violation. The different mechanisms are used by organs of the Inter-American System to protect the economic, social and cultural rights. Due to its importance, the Commission and the Inter-American Court of Human Rights have been studied by this following research, attributing focus on its performance to the rights protection concerned, as well as recent modifications in their functions and procedural rites.
Acesso aberto (Open Access)
A autoridade dos direitos humanos entre autonomia e bens básicos: o debate filosófico da teoria da lei natural de John Finnis com o positivismo liberal de Joseph Raz
(Escola da Magistratura do Rio Grande do Norte, 2020-04) PINHEIRO, Victor Sales; MACHADO, Ayrton Borges
This research explores the normative concept of human rights by summarizing the debate between the natural law theory of John Finnis and the liberal positivism of Joseph Raz, two of the most relevant analytical theorists of contemporary jurisprudence. To follow this debate, the article presents and criticizes three central arguments of Raz for the understanding of human rights: his thesis of unlimited authority, considered as exclusionary reason; his conception of practical reason and the autonomy of subjective interests; and the emergent order of human rights as limiting sovereignty. Then, the paper addresses Finnis' theory of natural law, also in three core arguments for the elucidation of human rights concept: the thesis of basic human goods as the foundation of natural rights; the universality and intrinsic value of human rights, according to the dignity of the human person; and the relationship between legitimate authority and the common good, based on the normativity of human rights. Finally, it concludes that Finnis is able to respond to the difficulties identified in Raz. Its methodology is hypothetical-deductive, based on bibliographical research, following a review of the primary and secondary literature of these authors and formulating general hypotheses about human rights.
Acesso aberto (Open Access)
Benefícios fiscais de ICMS para a efetivação de direitos fundamentais
(Universidade Federal do Pará, 2013-05-27) REI, José Anijar Fragoso; KZAM NETO, Calilo Jorge; http://lattes.cnpq.br/0615330668721075
This dissertation relates ICMS (Taxes on Goods and Services) tax benefits and fundamental rights. It will be analyzed whether those benefits that unburden goods and essential services for the realization of fundamental rights must prevail, even if there is no prior agreement signed by the states and the Federal District, as required by article 155, § 2, XII, "g" of the Federal Constitution and Federal Complementary Law n. 24/75. The analysis focuses on the importance of fundamental rights under Brazilian law, as legal principles, therefore, they have high regulatory burden and should guide the interpretation of standards and devices. Therefore, taxation is justified as a source of funding for services and public policies that promote fundamental rights. Moreover, the ICMS (Taxes on Goods and Services) tax benefits should be granted with the safeguards provided in the Fiscal Responsibility Law, without prejudice to combat the use of these instruments to attract economic enterprises, which do not bring the proper return for the rights to the population. However, if the activity benefited provides the realization of fundamental rights effectively, there will be compliance with the existing legal principles. Regarding the ICMS (Taxes on Goods and Services), we conclude that even if the tax benefit was not preceded by covenant of CONFAZ (National Council of Treasury Policy), as required by the Constitution and the LC 24/75, should be considered constitutional, whenever the fundamental rights of the citizen are guaranteed. In reality, the financial burden of this tax falls on the final consumer, then, it is authorized the non- incidence of ICMS (Taxes on Goods and Services) on goods and services which are essential to the enjoyment of rights such as health, education and food.
Acesso aberto (Open Access)
Biologia, direitos humanos e educação: diálogos necessários
(Universidade Federal do Pará, 2006-01-30) VIEIRA, Eduardo Paiva de Pontes; CHAVES, Silvia Nogueira; http://lattes.cnpq.br/9353964127402937
In this research I investigate in the modern biological speech, theories and propositions that legitimate the social equalities and differences through arguments considered scientific, in order to establish a relation with the Human Rights Education. My initial motivation for such study occurred from the identification of conceptions contrary to humanistic values between students from basic education. These conceptions are maintained and defended through arguments considered scientific by these subjects, that when asked about themes related to race, ethnicity, sexuality and social organization, manifested prejudices using elements of the biological speech, as a way to justify their ideas. With the propose to establish relations between Biological Speech and Human Rights Education, I appeal to the values present in the Universal Declaration of Human Rights that integrate a global project of teaching the prerogatives established by the United Nations Organization and to the analysis of three reference books from Modern Biology The Descent of Man and Selection in Relation to Sex, from Charles Darwin (1809 1882); The Selfish Gene, from Richard Dawkins (1941 -) and The Origin of Humankind, from Richard Leaky (1944-). The selected empiric material was organized and investigated with use of methodological principles of analysis of content, including the construction of the textual body that receives inferences in its development, supplying the visualization of speeches that refuse or corroborate values close to the humanistic conceptions present in the Human Rights. The diversity of the biological speeches analysed - occurring from different reasons, indicate the necessity of the teaching of altruistic and cooperative values, either for bringing revealing arguments of our selfish nature or being that they defend our tendency to the inborn altruism that need to be maintained and renforced by the cultural means. The themes developed in the work promote multiple discussions that can be used by educators in biological sciences so that, while teaching biology, divulge, educate and reflect about Human Rights.
Acesso aberto (Open Access)
O caráter educativo do CDVDH/CB no enfrentamento ao trabalho escravo
(Universidade Federal do Pará, 2017-04-25) OLIVEIRA, Marcio Mosiel do Nascimento; SEIBT, Cezar Luís; http://lattes.cnpq.br/7464213317216078
This Dissertation develops a study about education performed in Center of the Defense of Life and Human Rights Carmen Bascarán (in Portuguese, Centro de Defesa da Vida e dos Direitos Humanos - CDVDH/CB). The general goal of the study was to analyze the educational features of the CDVDH/CB present in its actions in confrontation with contemporary slave labor, in Açailândia city, state of Maranhão, Brazil. The specific goals were: a) verifying how the partnerships with other institutions occur for the development of educational actions to confront to the slave labor; b) evaluating how the educators’ formation occurs and the leaderships that preside in CDVDH/CB; c) understanding the methodology of CDVDH/CB from their actions. We study the following categories: labor, contemporary slave labor, non-formal education and human rights. The methodology of this paper was based on the model of qualitative analysis research. In search of data, we appealed the following methodological instruments: bibliographical research, documental research and semi-structured interview. In order to contextualize the contemporary slave labor problem and the geographic space of Eastern Amazon, where it has a great incidence, local of CDVDH/CB, we seek theoretical support in Marxist historical-dialectical materialism. When we confront the interviews, we can know how the educational actions are worked, the partnerships, the educators’ formation and the methodology of CDVDH/CB and, then, to know its educational features. Before the study, it was possible to perceive the involvement of those who make the CDVDH / CB, besides knowing the particularities of the education developed in the social movement.
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/7823839335142794
The 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.
Acesso aberto (Open Access)
Casos judicializados decorrentes da construção da usina hidrelétrica de Belo Monte
(Universidade Federal do Pará, 2015-09-25) SILVA, Mauricio de Jesus Nunes da; OLIVEIRA, Maria Cristina César de; http://lattes.cnpq.br/6570600503324199
The greatness of the hydroelectric project of Belo Monte, carried out under the argument of necessity of reinforcement of the country's energy matrix to ensure national development, generates many and undeniable socioenvironmental impacts in the region where it is located. As a result of these impacts, several lawsuits have been proposed whose purpose is the analysis of due compliance with the legislation that rules the environmental licensing procedure of the project, as well as the changes imposed on environment and on the lives of indigenous peoples and riverine of local cities. In this background, the present study aims to know how has positioned itself the Judiciary Branch when asked to manifest about the socioenvironmental conflicts caused by the operation of UHE Belo Monte, and likewise, whether the judiciary responses are compatible with socioenvironmental jurisprudence of the Inter-American Court of Human Rights. The study has a research subject a group of seventeen legal actions filed by federal prosecutors in the period from 2001 to the year 2014, that (still) are in progress in the Federal Justice. Comparing the judgments to the Inter-American Court of Human Rights's jurisprudence, it is clear that in several cases, was not adopted the perspective of this International Court concerning the rights to life, previous consultation, free and informed the indigenous peoples, access to justice, and about the precaution and the polluter pays's principies.
Acesso aberto (Open Access)
Castanhal Ubá: violação de direitos humanos na Amazônia paraense
(Universidade Federal do Pará, 2013) BASTOS, Dafne Fernandez de; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
O trabalho analisa o caso conhecido como “chacina da fazenda Ubá”, ocorrido em 1985, em São João do Araguaia, município do sudeste do Estado do Pará, na Amazônia brasileira. Vai além da análise estritamente jurídica do caso, esmiuçando o escorço jurídico e sociológico que se estabelece anteriormente ao massacre, durante o litígio jurídico no plano interno e internacional perante o sistema interamericano de direitos humanos, e em momento posterior ao pleito judicial, o da implantação das medidas reparatórias. Demonstra, em todos esses momentos, a atitude do Estado face à violação de direitos amazônicos. Discorre amplamente sobre os dados fáticos do caso, de forma a situar o leitor na situação que servirá de base para as discussões da obra. Analisa ainda as origens do caso, demonstrando a existência de uma oligarquia forte na região de São João do Araguaia, que atuava de certa forma alicerçada na certeza de contar com a conivência do poder estatal, o que levou a um processo de concentração de terras em alguns segmentos sociais e a demanda por terras daqueles que não dispunham de meios para tanto. Quando da análise pormenorizada dos direitos violados, evidencia que houve violação de direitos não apenas no fato de ter havido um massacre, em si, mas também durante o próprio desenrolar judicial do processo de persecução criminal, que foi tumultuado e tão somente por isso já representou uma nova violação de direitos humanos. Dando seguimento ao acompanhamento do caso, mostra o pleito perante o sistema interamericano de direitos humanos e a postura não tão diligente do Estado brasileiro no sentido de cooperar inicialmente, restando inerte por alguns anos, mas manifestando-se de forma proativa em fins de 2010. A fase internacional do caso culminou no reconhecimento da responsabilidade pela negativa da proteção de direitos humanos por parte do Estado brasileiro, com a assinatura de uma solução amistosa. Aborda-se, por fim, o último momento do caso Ubá, o da implementação das medidas acordadas na solução amistosa, demonstrando a evolução da atitude do Estado em relação às violações de direitos humanos decorrentes de conflitos agrários.
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/7471628624621314
The 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.
Acesso aberto (Open Access)
O conceito normativo de pessoa com deficiência para fins de reserva de vagas no mercado de trabalho
(Universidade Federal do Pará, 2014-06-16) RESQUE, João Daniel Daibes; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
This dissertation examines the concept of a person with provisions of national and international disability law, inquiring who the members of this vulnerable group who have reserved the right to the labor market vacancies, by the Federal Constitution of 1988 and the Law No. 8.112/90 and 8.213/91. This is a survey focusing on the implementation of affirmative action, specifically the quota system aimed at social inclusion of people with disabilities. Verifies the existence of a disputed issue concerning relative indeterminacy of who are the addressees of that measure. Thus , we bring to the debate the normative set of laws , decrees and international treaties that have sought to define people with disabilities , among whom Decree No. 3.298/99 and the Convention on the Rights of Persons with Disabilities UN . But we also analyze the main theoretical references related to the universe of disability, occasion in which we explore the evolution of human and fundamental rights of this group, through the main paradigms and demands of the social movements, knowing well what are the foundations of such rights and how require equal treatment. We seek to clarify and undo the conceptual mess that was established in the Brazilian legal system over the past 25 years, through the dissemination of the above information. We aim to enable it to comply with certain affirmative action requirements of validity, including the duty of justice and efficiency in fundamental redistribution of resources. We emphasize that the duty of social inclusion , as well as the success of affirmative action, are subject to greater knowledge about the rights of this group , both by law operators, as other professionals from other disciplines, which should work together to identify relevant facts in the social context that make individuals more vulnerable and justify state protection through the quota system .
Acesso aberto (Open Access)
O conjunto arquitetônico, paisagístico e urbanístico: o tombamento de Cáceres-MT
(Universidade Federal do Pará, 2016-06-17) MATOS, Elzira dos Santos; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
The present dissertation has as purpose the analysis of legislation having the Architectural, Urban and Landscape of Cáceres-MT and the actions taken for its preservation and conservation of the public prosecutor, after its listing, beyond those specified in the Civil Investigation conducted by State and Federal Prosecutors. To fulfill the goal of this dissertation, beyond those specified in the Civil Investigation conducted by State and Federal Prosecutors, examined. The problem developed in order to answer the following questions: What are the actions specified in the Civil Investigation conducted by State and Federal Prosecutors for preservation and protection of the Architectural, Urban and Landscape of Cáceres-MT? What are the actions established by the Prosecutor's Office for preservation and protection of the Architectural, Urban and Landscape of Cáceres-MT, after your listing? Although the listing been effected in local, State and federal spheres, much to be done, continue the demolitions and abandonment of buildings by the owners and little oversight of municipal and State Government. One can see that the sphere of municipal, State and federal preservation order did not change the conservation of architectural and Urban Landscape Set of Cáceres-MT long. It is expected for public policies for conducting effective surveillance, and actions such as the physical recovery of the properties listed to be held by municipal and State powers, but, above all, heritage education to residents and local merchants listed, as well as the entire population about the historical and cultural formation of the municipality, for the effective preservation. It is believed the tipping as fundamental tool for the preservation of memory and brazilian culture, whose socio-economic changes are important and should be included, but the preservation is the fundamental object of tipping.
Acesso aberto (Open Access)
Contributos hermenêutico-filosóficos para uma fundamentação ética dos direitos humanos: a epocalidade e o cotidiano sob o pensamento de Heidegger e Gadamer
(Universidade Federal do Pará, 2010-07-01) AROUCK, João Henrique Vasconcelos; COSTA, Paulo Sérgio Weyl Albuquerque; http://lattes.cnpq.br/4135075517359609
The present work develops some essential issues of philosophical hermeneutics as a way to fundament human rights in its ethical determination. The discussion is conducted as a hypothesis to face two problems: the representational model of the contemporary scientia juris and its methodologized way of interpretation may not fundament human rights in its proper reason of being. Still, as a consequence, these two problems might be seen as one of the causes to a “rational” but innocuous criticism about human rights as well. Therefore, the philosophical sense of the quotidian – of the “common” – is here discussed as a proper way to analyze the practical routine of law´s everyday interpreters as a pragmatic way to justify the need for human rights in a contemporary law practice. To discuss it, the thematic of intuition is here worked in its existential basis: so, in that way, human rights can be apologized as a substantive part of our intuitions about what is the most fair. Moreover, these fundamental rights can be even thought as a practical way to find out, normatively, the best right – the best law for our epoch. Heidegger leads us to investigate human rights as a necessary event for our time by its ethical significance. In other words: these rights constitute part of the movement of our being-with in its symbolic and suggestive significances. Gadamer help us to interpret that radical philosophical way by hermeneutic terms: to the law reality that idea can be seen as a re-turn to some lost concepts of our humanistic culture. With Gadamer we still can affirm that law is a practical “philosophy” in its most fundamental determinations. Therefore, the Greek disposition for the phronésis is, nowadays, a proper way to see human rights as an ethical manifestation for the best, for the most fundamental goods. Still through the philosophical hermeneutic ideas, we conclude the work with a more specific discussion about the relations between our intuitions, convictions and our pre-conceptual structure which determines the worldness of our concepts into Law´s social practice.