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Navegando por Assunto "Efetividade"

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    Atuação do Ministério Público Federal na fiscalização e acompanhamento da execução do Plano de Desenvolvimento Regional Sustentável do Xingu
    (Universidade Federal do Pará, 2023-09-27) NASCIMENTO FILHO, Raimundo Hélio; RIBEIRO, Adagenor Lobato; http://lattes.cnpq.br/7267332533770139; https://orcid.org/0000-0002-3694-0163
    The purpose of this dissertation consists of evaluating the performance of the Federal Public Ministry in supervising and monitoring the execution of the Xingu Sustainable Regional Development Plan, an innovative institution, which emerged from the partnership between the Federal Government and the State Government of Pará, in the context of construction of the Belo Monte HPP, with the purpose of promoting decentralized public policies that result in improving the quality of life of the population living in the territorial area covered by it, the Xingu Integration Region, characterized, among others, due to their multi-level, networked governance. On the other hand, it is known that the Constitution of the Federative Republic of Brazil of 1988 granted important functions to the Public Ministry, a permanent institution, essential to the jurisdiction of the State, whose purpose is to defend the legal order, the democratic regime and social interests. and unavailable individuals (art.127), among others. In line with this constitutional mission, the National Council of the Public Ministry, seeking to sow a culture of institutional results, within the scope of the Brazilian MP, has undertaken its strategic mission of strengthening and promoting responsible and socially effective action, which presupposes the promotion of resolute action, notably in inducing, monitoring and supervising the implementation of public policies that enforce fundamental rights. However, numerous complaints have been received by the Federal Public Ministry about public problems related to the execution of the Xingu PDRS. In effect, these public problems that call for action by the Federal Public Ministry led to the following question: To what extent has the work of the Federal Public Ministry contributed to effectively solving public problems related to the execution of the Xingu PDRS? The study is inclined to confirm, or not, the hypothesis that the actions of the Federal Public Ministry have achieved an unsatisfactory resolution rate for public problems related to the execution of the Xingu PDRS.
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    Avaliação do licenciamento ambiental de grandes projetos de saneamento básico na Região Metropolitana de Belém-PA
    (Universidade Federal do Pará, 2019-08-22) COSTA FILHO, Felipe Antonio Melo da; PEREIRA, José Almir Rodrigues; http://lattes.cnpq.br/9918600634569244
    The procedures of the environmental licensing process of four major basic sanitation projects carried out in the last 15 years and directly or indirectly affected or affected with a quality of life of over 100,000 inhabitants of the Belém Metropolitan Region were taxed. The methodology was divided into three stages, starting with a selection of basic sanitation ventures. In the second stage, the evaluation criteria were identified and systematized observing the current legislation and the technical-scientific literature. In the last stage, they were evaluated and classified as the effectiveness of the licensing processes in the competent environmental agency. The projects selected and analyzed were the projects of the Tucunduba Drainage Channel, Bologna Water Treatment Plant, Marituba Waste Processing and Processing Plant and UNA Sewage Treatment Plant. The environmental impact assessments applied in the four projects were consistent and adequate, regarding the effectiveness rating, the Bologna Water Treatment Plant process was rated as good, Marituba Waste Processing and Processing Plant and the Tucunduba Drainage Channel as regular and the UNA Sewage Treatment Plant had the worst result about the effectiveness of the environmental licensing process. In a survey, it was observed that compliance with legal standards occurs, despite the difficulties applied by the current project evaluation system, such as the lack of more technicians in the environmental agencies, lack of standardization of projects for small projects and small supervision. in the implementation and operation stages of the activities. There was also a long period of environmental analysis of the projects. Finally, it was selected that there is a need to improve or access the technical information and documents of the licensing processes of 4 projects, or that hinders the monitoring and participation of the directly affected population in the study area.
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    Desempenho da gestão pública municipal: uma análise a partir do Índice de Efetividade dos Municípios do Estado do Pará
    (Universidade Federal do Pará, 2020-02-07) SILVA NETO, Rodopiano Rocha da; RIBEIRO, Adagenor Lobato; http://lattes.cnpq.br/7267332533770139
    The objective of this study is to evaluate the factors that impact on the management performance of municipalities in the state of Pará, calculated using the Municipal Management Effectiveness Index (IEGM). The IEGM has been used as an official indicator by the Audit Courts of the States and Municipalities, with a view to improving municipal management and the performance of external control bodies, proposing to evaluate the effectiveness of municipal public policies from the standpoint of seven indicators education, health, planning, fiscal management, environment, citizen protection and governance of information technology and communication. The relevance of this research is to broaden the debate about the performance of municipal management, presenting the IEGM as a possible instrument for monitoring and evaluating public policies. Methodologically, it is an exploratory research, of applied nature, of quantitative and qualitative approach. The procedures adopted include extensive bibliographical and documentary research on municipal public management and the use of performance indicators to evaluate the effectiveness of municipal public policies. As contributions of this research, the results for the municipalities of Pará are discussed, in order to identify possible explanations and intervention proposals for the levels of effectiveness found.
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    Diagnóstico da efetividade da gestão em unidades de conservação: o caso do mosaico de Tucuruí
    (Universidade Federal do Pará, 2019-01-31) COSTA, Ana Paula Pereira; VASCONCELLOS SOBRINHO, Mário; http://lattes.cnpq.br/7843288526039148; ROCHA, Gilberto de Miranda; http://lattes.cnpq.br/2436176783315749
    Brazil currently has 20 mosaics of protected areas, these being divided into the State and federal spheres. Creating mosaics in different ecosystems aims to promote integrated management Foundation and participatory from different categories, being designed as a tool for environmental management, according to the own SNUC. In the Amazon, are recognized by the following: mosaics of MMA Apuí-AM (2010), the lower Rio Negro-AM (2010) and the mosaic of Tucuruí (PA) (2002)-this being the oldest and the focus of this study. The mosaic of Tucuruí is inserted in a specific context of creation, have arisen after popular mobilization of those affected by the construction of the dam of Tucuruí hydro-power complex. However, it is worth mentioning that the recognition of the mosaic (2002) was conducted years after the inauguration of dam (1984), a fact that, without a doubt, generated the escalation of issues related to the use and occupation of the surroundings of the Lake. In addition, the creation of the mosaic comes as part of the public policy of environmental compensation, derived from the construction of the dam. By this context, need a diagnosis about the effectiveness of the creation of the mosaic of Tucuruí, which also falls within the context of environmental compensation. Analyze the effectiveness of the mosaic of Tucuruí implies the assessment of public policy who predicted the consolidation of specific objectives for the territory in question. In this way, the monitoring and evaluation processes are as essential items for viewing of the reach of State policies. Such range materializes in the verification of the quality of management, the efficiency of public spending and the effectiveness of the action of the State as a regulator of public policy. To this end, this study used as reference parameter the "Protocol of evaluation of effectiveness of management of mosaics of protected areas in Brazil", developed by Gidsicki (2013) are defined areas, principles, criteria and indicators of effectiveness of management that make up an array analysis for hierarchical and mosaics that allows making a preliminary diagnosis of the current situation the mosaic with its advances, obstacles and suggestions for effective management.
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    Gestão de florestas públicas: implantação, gestão e efetividade do FUNDEFLOR
    (Universidade Federal do Pará, 2020-12-21) CARDOSO, Karina dos Santos; CARVALHO, André Cutrim; http://lattes.cnpq.br/1089731342748216; VASCONCELLOS SOBRINHO, Mário; http://lattes.cnpq.br/7843288526039148
    The research analyzes the management of public forests through environmental and development funds. Specifically, it examines the State Forest Development Fund - FUNDEFLOR through the historical process of implementation and management and, particularly, its effectiveness. FUNDEFLOR was created with the purpose of promoting and supporting the development of a sustainable forest base in Pará in line with the body responsible for the management of the state's public forests, the Institute of Forest Development and Biodiversity of the State of Pará - IDEFLOR-Bio. The research was based on the method of case study embodied in documentary analysis (official documents resulting from the operationalization of FUNDEFLOR, in the period between the years 2015 to 2017, the first three years of effective operation) and legislative (legal diplomas applicable to the theme: laws, decrees, normative instructions, etc.). The analysis of the data followed the descriptive-analytical pattern while it relates to theoretical and conceptual aspects about sustainable development, environmental management, forest management, participation and effectiveness. The research results showed that, although FUNDEFLOR represents a great support for the management of public forests, it still needs to advance in several points to improve its effectiveness. Among these points are: (a) improving the information system both for its management process and for providing transparency of information to those who access the fund and to society in general; and, (b) improve its operational and management capacity, including the monitoring of the projects promoted and the monitoring of their results. As a way of contributing to the improvement of FUNDEFLOR, the survey presents two products: (A) Technical Note, recommendations for improving the fund's management process and (B) a Practical Guide for accessing FUNDEFLOR resources, as a strategy for institutional strengthening and expansion of forest management capacity.
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    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.
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    A responsabilidade objetiva do empregador à luz da proteção constitucional conferida ao meio ambiente do trabalho
    (Dom Helder Escola Superior, 2019-08) LEAL, Pastora do Socorro Teixeira; ZWICKER, Igor de Oliveira
    The importance of social rights is unquestionable: in the very reason for existing of the Federative Republic of Brazil, founded on citizenship, human dignity, social values of work and free initiative; in its fundamental objectives to construct a free, fair and supportive society, to eradicate poverty and marginalization, to reduce social and regional inequalities and to promote the good to all; in recognize, at the global level, the prevalence of human rights and duty of cooperation among peoples for humanity’s advancement. Labor-environmental protection, read from the macro principle of dignity of the human person, must find ways to guarantee the responsibility of the employer regarding affectations occurred in labor environment, in all nuances. In this sense, it is proposed an adequate constitutional reading to recognize, from the scientific autonomy of Environmental Labor Law, a microsystem of objective civil responsibility able to charge employer-polluter when he’s polluted the labor environment. The critical-methodological and legal-propositional methods were used, from hermeneutic eye to a critical analysis capable of orienting the proposed microsystem. Concluding, in the end, for practical need of its application as a way to protect and promote dignity of the human person.
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