Navegando por Assunto "Direitos sociais"

Agora exibindo 1 - 13 de 13

Acesso aberto (Open Access)
A Atuação de Defensoria Pública do Pará e a mulher encarcerada
(Universidade Federal do Pará, 2013-10-22) SANTOS, Daiane Lima dos; PONT VIDAL, Josep; http://lattes.cnpq.br/4415362518177732
This research analyses how the Public Defender of Pará is performing in regard to the social rights of women who are incarcerated in headquarters of criminal enforcement as from the law nº 054 de 2006. In order to this aim, the research feats the sentenced women profiles and verifies how the Public Defender performance through the judicial and extra judicial procedures are contributing to the social vulnerability decrease and to the enlargement of the incarcerated women’s social, economic and cultural capital. This study uses the concepts of habitus; field; economic capital; cultural capital; the symbolic power of Bourdieu; the poverty criminalization idea of Loic Wacquant and, Joan Scott, to the gender concept. Methodologically, the research is classified as a case study in the State of Pará with data collection during October and November (2012), and which has the following Recovery Centers as locus of research: CRF (Ananindeua); CRAMA (Maraba) and CRASHM (Santarém); allowing comparisons between them. The research uses both quantitative approach with a questionnaire to all the volunteers women (202 of the universe of 275 incarcerated and sentenced women) and analysis reports. This study also has realized a descriptive analysis of the obtained data, EXCEL and SPSS.17, during the preparing of graphs, tables and inferential analysis (chi-square test of independence). As the qualitative approach, this one has used the semi-structured interview applied to the public defenders and to the local group in CRF, counting on the posterior triangulation of data; concluding that the incarcerated women represent a vulnerable group with low economic, cultural and social capital, facing difficulty to the health access. The access to justice is not fully effected either, in regard to their social rights, which were only partially accorded through individual lawsuits and administrative actions, without the use of judicial collective or constitutional actions, being both the participation on public policies and the network acting too small.
Acesso aberto (Open Access)
A constitucionalidade da norma antielisiva no direito tributário brasileiro
(Universidade Federal do Pará, 2004) OLIVEIRA, Fernando Augusto Braga; SCAFF, Fernando Facury; http://lattes.cnpq.br/3214760192523948
This study aims to demonstrate the constitutionally of the general rule "antielisiva" inserted in the Brazilian Law with the alteration of the article 116, already existing and the interpretation that should be accomplished in a context that needs to observe the Federal Constitution of 1988, with the several prevision of social rights. The rule brings about the matter of the individual front to social, freedom front to equality, the search of the material truth, without rights violation. lt is made an approach on the interpreter and the interpretation of the rules and pricipies, the need of application of the proportionality principles with the search of the material truth and the Fiscal Justice without violation of the fundamental warranties of the individual in special of the taxpayer. The necessary presentation to disclose positivist arguments that intentionally forget the constitutional fundamentais foressen in the 1st. and 3rd. Articles of the Federal Constitution of 1988. Paradigms and prejudices were set aside to acknowledge the sense of the "antielisiva" rule in the Brazilian Law. The demonstratiofi of the difference between the "elision" and fiscal evasion became indispensable for removing afterwards the difficulties that were the inconstitutionality allegations of the "antielisão" rule in Brazil, for possible affront to the legality and the freedom. It was used arguments on the ground of the Federal Constitution and based on the foreseen provision of the New Brazilian Civil Code After the disclosure of the respective constitutionally, based on the context, pursuant article 116, only paragraph of CTN, presenting at the end some guidelines as suggention for the application of the "antielisão" rule in the Brazilian Law. It was accomplished a doctrinary research with incursion in laws and respective jurisprudency. Intentionally to conclude, it was not made comparison with any foreign legislation, as the main purpose of this study is exclusively, the application of the rule in Brazil.
Acesso aberto (Open Access)
Critérios para a justiciabilidade dos direitos sociais: fundamentos, exequibilidade e universalidade
(Universidade Federal do Pará, 2011) MARECO, Gabriella Dinelly Rabelo; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
From the assumption that all constitutional provisions present normative character, this study intends to identify the standards that can be used by interpreters in the solution of lawsuits involving constitutional social rights. The interpretive method of classical positivism, based on the idea that the legal content of a standard can be discovered with the use of semantic parameters, combined with an individualistic understanding of the demands that deal with social rights, has leaded, in Brazil, to many problems and distortions in the allocation of public resources. In this context, this dissertation presents standards capable of providing the interpreter and the judge an more appropriate way to guide the legal argumentation. Such standards will be formulated as questions and do not lend themselves to indicate the final court decision. These questions allow the judge to take into account many relevant matters, covering mainly aspects related to the legal basis of the demand, the possibility of real satisfaction of the claim and the compliance to the right of equal access to public goods. Finally, from the interpretation of some central theses of the works of Ronald Dworkin and Robert Alexy, we can observe how two different theoretical frameworks engender very distinct practical outcomes. The comparative approach, based on the review of major works of these authors, leads to the conclusion that the ideas defended by Dworkin are more satisfactory when applied to Brazilian constitutional model, as long as the necessary adjustments are made to ensure the theory´s adequacy to its particularities.
Acesso aberto (Open Access)
A exigibilidade judicial dos direitos sociais
(Universidade Federal do Pará, 2005) COLARES, Patrick Menezes; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
The lack of concreting of some fundamental rights, as social ones, related with health and education, wich demands costs to State, still represents a challenge to brazilian constitucionalism. In consequence, Courts are facing with issues related with the materialization of suth rights, as supply of medicines that are not able on public healths system or a guarantee of matriculation of an student on public education system. These requests of judicial orders directed to public administration to fulfill its constitucional duty, throught positives obligations. Such phenomenon, included for the great part of doctrine on what its used to call as "judicialization of politics" is not free from criticisms. Against it, there are arguments that (I) Judiciary is assaulting the separation of powers principie because the administrative function with its discricionarity, must be preserved with Executive, and not on judges hands, who are forbbiden to interfer in public politcs; (II) judges have no democratic legitimacy, because they were not elected by the people; (III) Judiciary is not prepared and technicaly capacitaded for such kind of demand; (IV) depending on positives state behavour and public recourse for its concreting, a judicial determination in this way would oppose legality and budget anteriority principies, finding serious obstacles in its concreting because the "possible restriction". This study proposes not only to analize these related arguments, as also examinate borders of juridical and political systems, concluding legitimacy or not of such conduct, as well to analyse the nature, the programatic caracter and the dificult delimitation of social rights and its judicial protection, in others words, seaching, in resume, to examinate brazilian Judiciary function on social rights concreting problem, as "existencial minimum" warranter.
Acesso aberto (Open Access)
Garantia do direito social à saúde no município de Ananindeua: o atendimento ao público na Promotoria de Direitos Constitucionais do Ministério Público da Comarca de Ananindeua
(Universidade Federal do Pará, 2010-08-27) SILVA, Carmen Lúcia Pinheiro da; RODRIGUES, Olinda; http://lattes.cnpq.br/7223337303425352
This research aims to study the demand of individual and collective population of Anand who sought the assistance of the Public Prosecutor of the District, specifically the District Attorney's Office for Constitutional Rights, expressing their complaints regarding the care provided by local public health policy. The paper has tried to focus on health care as a social right constitutionalized by the Brazilian Constitutional Charter of 1988. We chose to study a quantitative and qualitative. For the purpose of the research data were used in all the medical records to the public prosecutor's Constitutional Rights for the years 2007 to 2009. According to the results we can see that the realization of the social right to health in Brazil, as constitutionalized right prestacional State obligation under the Charter of 1988, all federal levels has encountered obstacles of various kinds, whether in the political, on the priority agenda of public policies, as well as by difficulties in budgetary and financial, operational and administrativa.O Health System in the city suffers from impairments in their level of resolution, which increases access and enjoyment of the care population health.
Acesso aberto (Open Access)
Judicialização da política pública: o diálogo como forma de concretização da saúde preventiva
(Universidade Federal do Pará, 2015-09-25) VELOSO, Marcelene Dias da Paz; OLIVEIRA, Maria Cristina César de; http://lattes.cnpq.br/6570600503324199
This dissertation analyzes the field of action of the Judiciary and its limitations within the demands made upon the Public Administration, regarding the development, implementation and evaluation of the public policies for the provision of preventive health care services with an emphasis on the ‘Health and Family Program’. The analysis highlighted the main obstacles mentioned in the doctrine and in the jurisprudence with regard to the implementation of the fundamental rights by means of judicial proceedings. To this end, the study identified the main problems that have arisen during the implementation of preventative health care services carried out due to judicial proceedings by collating the social demands with resource constraints. The study also suggests a possible approach to overcome the tensions among the constituted powers by resorting to examples of practices from other countries such as institutional dialogue, which guarantees the enjoyment of the fundamental rights set out by the Brazilian Constitution. The ‘Health and Family Program” of the federal government was herein analyzed due to fact that it comprises most of the policies on the provision of preventive primary health care services on the one hand and most of the judicialization cases on the other hand. The analysis herein issued, demonstrates that the Judiciary can contribute to the improvement of health public policies. The dissertation also brings an analysis of a judicial proceeding concerning the provision of Human Papiloma Virus (HPV) vaccine. Finally, it also comprises a research carried out in the Federal Supreme Court during the period of 2010-2013, which aimed at identifying judicialization cases in the provision of preventive health care services then processed and judged in the Court.
Acesso aberto (Open Access)
O liberalismo de princípios aplicado à judicialização dos direitos sociais fundamentais: uma proposta para a superação de limites de atuação do poder judiciário
(Universidade Federal do Pará, 2015-12-18) PAES, Carolina Bastos Lima; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
The 1988 Constitution of the Federative Republic of Brazil has enshrined the dignity of the human person as one of its fundamentals, and has brought forth a vast amount of fundamental rights and guarantees to be applied and implemented by the State, with maximum priority, as instruments for the fostering of this fundamental principle. Among the constitutionally guaranteed rights to the individual, are the fundamental social rights, which aim to provide basic material conditions to all individuals in order for them to draw up and pursue, in a free and conscious way, their individual life plan. However, the practical implementation of those economical and social rights has not sufficiently met the demands set by the human dignity principle, neither through legislative and administrative means nor in judicial seat. This happens because, more often than not, the existence of the social rights, if not their enjoyment, remain conditioned to the availability of enough public resources to cover the costs of its implementation. Starting from this problem, the current dissertation aims to improve the actions of the Judiciary in the exercise of its goal of guaranteeing solidity to the constitutional norms that define the fundamental social rights. Towards this end, theoretical support is found in the liberalism of principles, more specifically, in the theory of justice as equity, by John Rawls, with complement offered by the equality of resources, by Ronald Dworkin, and by equality of capabilities, by Amartya Sen, instead of the utilitarianism that guides not only the elaboration and execution of social policies, but also the judicial intervention in these policies, in the manner in which it often comes forward. The goal is to allow the diversion of the attention of the judicial authorities, until now focused on the collective well-being, towards the individual, in a way in which the limits of action of the Judiciary can be overcome, for, then, at least in this extraordinary way, the State cabe made to answer, in adequate levels, the basic needs of all individuals, in trune accomplishment of its constitutional duties.
Acesso aberto (Open Access)
A mão e o martelo: a polícia militar e os conflitos sociais no campo paraense
(Universidade Federal do Pará, 2008) MONTEIRO, Alisson Gomes; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
This study was conducted to identify how the Military Police mediates social conflicts in Para, pointing ways that it can be a tool for reducing social inequalities, and not a mechanism for perpetuating these gaps. It is important to analyze the role of the government, that should be the radiator of social protection, but in fact, leaves the Military Police at the whim of the influence of the economic strength of large landowners, who often use violence as a way to maintain the established structures. It was observed that the Military Police acts essentially as an instrument of force, often being at the service of landowners elites who, through violence, perpetuate a segregational production system and concentrate resources. There is still a need to establish a culture of mediation that transforms the institutional reality, so that the discrediting of the Corporation is overcome, so that the Military Police can come closer to the community as a truly public service.
Acesso aberto (Open Access)
O papel do judiciário na efetivação dos direitos sociais
(Universidade Federal do Pará, 2015-08-27) DESSIMONI, Carla Sodré da Mota; LOUREIRO, Violeta Refkalefsky; http://lattes.cnpq.br/3092799127943216
The role of the judiciary for effective social rights is an issue, the subject of much debate in the legal environment and politically. The hereof theme gains greater relevance due to the growth of the judicial role as guardian of the Constitution and hence of fundamental rights provided in the Constitutional Charter. It is undeniable that tied the effectiveness of social rights is the increase in public spending for the realization of these rights, called rights of provide, guaranteed by the Constitution that require positive state benefits. Against this background, proves important to situate social rights in international law in order to realize that the real dimension of these rights at the global level. We will study the role of the judiciary in attaining social rights, analyzing the factual and legal elements that can be taken into consideration by the judge in its application in this case as the reserve as possible, the existential minimum, the public budget and the theory of the cost of rights. Still it will be considered the question of legitimacy and ability to impose limits on this legal action in the control of public policies created by other powers, the positioning adopted here in the theory of distributive justice and constitutional democracy. Finally, the rationality of judicial decision and the theory of integrity formulated by Dworkin to support the study now developed will be addressed. Will be analyzed further the current decisions of the Supreme Court about the theme.
Acesso aberto (Open Access)
A privatização de presídios e sua (in)compatibilidade com o estado democrático de direito: a ressocialização irrefletida
(Universidade Federal do Pará, 2015-11-27) SILVA, José Adaumir Arruda da; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
This work deals with the privatization of prisons and their (in) compatibility with the democratic rule of law, considering the resocialization by the work as the main justification for the transfer of the custody of the stuck of the State to the private sector. Seeks to show that although privatization of prisons is announced as a solution to the ills of the Brazilian prison system and would favor the resocialization of the convict actually is incompatible with the democratic rule of law by violating the dignity of the human person in many respects. To prove this hypothesis, the research have as the referential theoretical: authors who are part of the critical criminology and who understand by the delegitimization of the penal system; the garantismo of Luigi Ferrajoli rejecting the positive special prevention as the finality of the penalty private of liberty. Also reinforces the verification of the hypothesis the field research conducted in Prison Complex of Ribeirao das Neves, Minas Gerais State, pointing neoliberal capitalist aspects of the contract of public-private partnership signed between the Government and the Consortium Managers Prison Associates. The dissertation concludes that privatization of prisons is incompatible with the Democratic Rule of Law, because violates human dignity and the principle of equality; delegates to the particular typical activity of the State; induces semi-slave labor; favors the earnings of companies with exploration prison market; encourages the mass imprisonment, which makes the argument of resocialization to justify the privatization of the imprisonment absolutely false , a mere rant to justify the incarceration industry, which ends up being assimilated thoughtless way by common sense that reaches all the imagery of society.
Acesso aberto (Open Access)
Processo de organização sindical na mineração em Carajás-PA a negociação dos direitos sociais como “moeda de troca” das relações de trabalho
(Universidade Federal do Pará, 2017-08-09) WANZELLER, Ricardo Leão Ribeiro; MATHIS, Adriana de Azevedo; http://lattes.cnpq.br/4097998262711403
The purpose of this dissertation is to discuss the relations and working conditions in the mining-metallurgical sector of Carajás-PA from the perspective of trade union leaders and legal operators working in the region. Based on this study, it is intended to investigate the processes of union demand and negotiation, regarding the defense, guarantee and promotion of social rights. As a theoretical reference of analysis, the research was guided by the critical dialectical method for the better apprehension of the conceptual changes of the categories, as well as guideline of successive approximation with the object in question. In the development of the work, the conceptions of the State and the ideological mechanisms that act as hegemonic force for the attenuation of the crises of the capitalist mode of production, through the subtraction of the class conflicts and control of the relations and work processes in the intention To guarantee the reproduction of bourgeois sociability. In the sequence, the particularity of this capital-labor relationship is evident in the mining-metallurgical activity in Carajás-PA, where the reflexes of productive restructuring act as regulator of a permanent context of flexibilization and precarization of labor relations that interfere directly in the organization Of workers and in the labor time imposed by the productivity rate of the economic companies subsidiaries of Transnacional Vale SA. In light of the above, based on the data collection carried out in the Collective Labor Agreements - ACT's of the mining-metallurgical workers affiliated to SIMETALParauapebas, Vale SA's sustainability report and the interviews with the research subjects, A local context of bureaucratization of labor decisions, where the State power, slow and permissive, acts in conjunction with the new configuration of the union-company relationship and thus contributes to maintaining the concentration of wealth for the business sector and flexibilization or subtraction of social rights for workers. This union / company relationship has been mediated by the instruments for measuring the goals achieved by the level of workers' productivity, which serves as a parameter for the achievement of the social policies of wage benefits and incentives defined in the trade union negotiation processes.
Acesso aberto (Open Access)
Trabalhadores acidentados e adoecidos no complexo do alumínio em Barcarena-PA: um estudo sobre a negação dos direitos sociais
(Universidade Federal do Pará, 2015-08-31) MELO, Nelcesi Silva; GOMES, Vera Lúcia Batista; http://lattes.cnpq.br/9114006776434389
This study has as grounding a research made with workers victimized from accidents and illness from the Aluminum Complex work settled down at the city of Barcarena in Pará, which the aim was to analyze the impacts of the denial of social rights on the social life sphere: personal, professional, and familiar. From the historical materialism dialectic method searched for a sequent approximation from the social reality of the research subjects, on the perspective to development the study aim, by means of research approach, in which to seek for the opinion of the workers and related about their rights as victimized workers of accidents and illness from the job, at the Aluminum Complex mentioned before. It had as mean tools the data collect the interview semi structure that had a script pre-elaborated and directed to each fallow do the interviewers, to know: victimized workers of accidents and illness at work, unionists, and membership of ADRVDT. Based on Marxist social theory critical, the data were analyzed from the perspective of social totality. The main results of this research study can be summarized: on the professional sphere occurred a sudden interruption between the worker and his job, through a process of deprofessionalization; on the personal sphere occurred the increase of individualism; on the familiar sphere realized that disease situation allied to denial of the workers’ rights have caused, in general, the undoing familiar relationship, in the same time it has enabled the fortification of the family as institution of social protect; on the economic sphere the workers face the finances difficulties to pay for buying medicines, because they depend of the social benefits from the company. Thus, the denial social rights have created mental physical impairments, to accident and illness workers by job at Aluminum Complex, as the discredit to healthy public policy, getting worse as more the health of them.
Acesso aberto (Open Access)
A tutela coletiva extraprocessual: o diálogo institucional como instrumento de atuação do ministério público para a concretização dos direitos sociais
(Universidade Federal do Pará, 2015-08-14) SILVA, Sandoval Alves da; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
The thesis argues for the progressive implementation of the human rights (gradualist reasoning) via institutional dialogue conducted by the public prosecution service that impacts directly on the „separation of powers” dogma through interaction between the branches of the government. To this end, it resorts to practical examples, theories and normative arguments. The thesis demonstrates the nature of the public prosecution service as a public power with constitutional autonomy and political-bureaucratic capability (democratic and moral legitimacy) to engage in procedural rounds to protect public interest and social demands aiming to fulfill the social rights via political accords that serve as a temporary last word about social conflicts. In order to carry out this task, the institution counts on procedural instruments such as notification, request, recommendation, accords of implementation, etc. Such instruments allow the institution to provoke, initiate, coordinate, conduct and carry out a dialog with the other branches of the government in order to reach a political accord that can fulfill the social rights. This action takes place when the state violates human rights either because it is involved in an excessive activity or because it is in a state of latency due to lack of the necessary specification of the social rights for extrajudicial enforceability and judicial enforceability. Thus, dialogue is integral in cases of default by either violation due to excess or omission of material benefits that are essential to cater for the human needs under the state responsibility in order to meet the immediate continuous and gradual obligation of providing definition, organization, proceduralization, specification and implementation of social rights to ultimately fulfill the distributive justice through the defense of the common, indivisible or collective goods and their individual appropriation scheme.