Navegando por Assunto "Human rights"

Agora exibindo 1 - 10 de 10

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Uma análise do caso Ximenes Lopes versus Brasil: o debate sobre políticas públicas, saúde mental e direitos humanos no sistema interamericano de direitos humanos
(Universidade Regional Integrada do Alto Uruguai e das Missões, 2020-04) ALENCAR, Evandro Luan de Mattos; RAIOL, Raimundo Wilson Gama
This paper deals with an analysis of the Ximenes Lopes versus Brazil case in the Inter-American Human Rights System. The problem is to answer the contributions of the case in question to the paradigm of human rights, public policies and mental health in Brazil. The objective is to analyze the jurisprudential construction of the Ximenes Lopes vs. Brazil Case in the Inter-American Human Rights System and its impact on the human rights protection policy arising from the dialogue between internal and external legal systems. For the pretensions of this work it was tried to adopt the methodology of socio-juridical research, of qualitative bias, based on the research and review of specialized literature.
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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.
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Direito internacional em movimento: mecanismos de responsabilização de empresas transnacionais por violações de direitos humanos
(Universidade Federal do Pará, 2021-12-06) VIEIRA, Flávia do Amaral; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
In this thesis, I investigated how transnational corporations operate - especially in the Global South - and are regulated, through international law, coloniality, and neoliberalism, and the dynamics of human rights movements that strain these power relations. I explore the conflict between two languages of human rights, based on two types of proposals for accountability of these companies in relation to human rights violations, those based on soft law instruments and those based on a binding treaty. Analyzing these languages in depth, I investigated the challenges and limits of the production of human rights in an international dimension, based on the observation of the operational nuances of global civil society in the impact on the construction of effective mechanisms of corporate accountability for human rights violations. The focus is on advocacy movements at the United Nations in the struggle for a binding Treaty on the subject, as well as on the political resistance of the Global North to the project. In this sense, the thesis explores the tension in the production of human rights in a world under corporate governance. I found that the search for these normative resources created what is now generically called the “Business and Human Rights” agenda, a term by which a new area of technical, practical and theoretical action in Law has been recognized. I highlight the approval of resolution 26/9, now known as the “treaty resolution”, and analyze the successive drafts of the treaty, identifying that the proposals do not necessarily consider international geopolitics and the historical relations of imperialism, dependence and coloniality between the North and Global South States. When confronting - or adapting to - the capitalist mode of production, the debate on the draft Treaty on Business and Human Rights becomes a key point of this historical time, given the announcement of climate changes considered irreversible connected to human impact, and with the deepening of extreme poverty on the planet. In this sense, the research sought to contribute to the relevant ongoing discussions, allowing a deeper understanding of the connotations and implications of different approaches in favor of imposing human rights obligations on corporations.
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Os Direitos humanos segundo John Finnis e as críticas desde as concepções tomistas e não tomistas internas à tradição do direito natural clássico
(Universidade Federal do Pará, 2021-02-19) MACHADO, Ayrton Borges; PINHEIRO, Victor Sales; http://lattes.cnpq.br/0416222855469529; https://orcid.org/0000-0003-1908-9618
This master thesis presents a critical investigation about the John Finnis human rights concept, and how much it really remains aligned to the foundations of the classic natural rights tradition. The research focus, therefore, consists of analyzing the reasons, problems and advantages of Finnis theoretical choices regarding human rights, his approximation to the referred tradition, as well as his distance. The criticism on Finnis is carried out on three levels. First, a critique of thomists who are receptive to human rights, notably Ralph McInerny, Anthony Lisska, Henry Veatch, on the issue of naturalistic fallacy, the need of ontology and the relationship between human rights and philosophical anthropology. The second is a criticism from the thomists not receptive to human rights - Villey and MacIntyre - about the need to be more critical about the language of rights and human rights. The third is a criticism from non-thomistic jusnaturalists, Leo Strauss and Eric Voegelin, about the need to understand natural rights more profoundly, based on the symbol to what is by nature just, as well as to deep the relationship between natural law and definition of the complete community. Each criticisms endeavors to show the classic conception of the tradition of classical natural rights, in order to confront Finnis positions on his conception of human rights, and how much it sometimes challenge conceptions of the mentioned tradition.
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Direitos humanos, alteridade e filosofia da libertação: a outra América Latina
(Universidade Federal do Pará, 2021-05-05) LOBO, Lívia Teixeira Moura; COSTA, Paulo Sérgio Weyl Albuquerque; http://lattes.cnpq.br/4135075517359609
The basic idea of the thesis is to persist in the study of otherness as an ethical foundation of human rights, but now reflecting how normativity based on otherness can contribute fundamentally to human rights. In introduction the fragility of human rights is presented, either because they are a field of veiled ethical disputes that forge violence, as because they are a field in which conflict generates debate and, consequently, critical thinking. Latin America, as the Other, acts in this debate claiming an alterity that the law tends to cover up. The otherness makes demands that the law does not know. The first chapter is dedicated to a literature review about human rights, indicating the porosity of this language to a new criticism. The modern origin and the subject's promise of emancipation contrast with the oppression carried out through the liberal morality that permeates these rights. At the same time, it is a language so widespread that it seems wasteful to direct efforts to another area, where the means to act, to claim morally and politically are not known. The second chapter will confront Levinas' otherness, in which the Other is absolutely Other in its metaphysical exteriority that impels the freedom of the passive Self. Dussel presents an interpellant Other, which suggests, attacks, provokes, becomes aware of his neglected alterity and goes on to the praxis of liberation. There is an independent performance in the Other of the philosophy of liberation, he does not need approval, his helplessness is fruitful, criticism develops from the negativity of the current totality. The positive and critical-negative ethical principles are presented as that which requires, in the abstract, a normativity based on otherness. The last chapter proposes to consolidate the reach of the general objective, addressing the basic distinction of the philosophy of Dussel and Levinas, and the emergence of that of the analytical method so the Other leaps into critical reflection as the source of all ethical transformation - it is about a metaphysical moment and the return to totality. The Politics, which houses the law as an institution, subsumes the ethical principles in a similar way, informing human rights primarily about its formal aspect of legitimacy, about its role as a claim language in the face of system corruption and about the constitutive intersubjectivity of the system. subject that holds them back, making the predicate consensus of the symmetrical discursive participation of those who form the political community more solid.
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Estudo sobre o modelo do programa de proteção aos defensores de direitos humanos desenvolvido na Amazônia paraense
(Universidade Federal do Pará, 2020-10-08) SANTOS, Julyanne Cristine Barbosa de Macedo dos; ARRUDA, Paula Regina Benassuly; http://lattes.cnpq.br/7257034539917718
This dissertation presents a study about the protection model adopted by the Pará Human Rights Defenders Protection Program (PPDDH-PA). Initially, it addresses a discussion about the development model imposed in the Amazon that generates the so-called “manifesting causes of conflicts” and then starts to debate the content of the “human rights defenders” concept and the main struggles waged by these subjects in Pará. Afterwards, a diagnosis about the situation of defenders in Brazil is presented, as well as the main mechanisms of violations used against these subjects and, next, an approach is made about the protection of defenders as public policy, passing a survey carried out on the Protection Program in Brazil, its scope and limits. Finally, a history about the PPDDH-PA is constructed, analyzing the protection model adopted by it and presenting a discussion about possible alternatives in view of the PPDDH limits. It was noted that the implementation of the PPDDH occurred in a disconnected manner and without a plan oriented to achieve the proposed objectives, opting for a model of police protection that, in itself, establishes numerous obstacles for the access, inclusion and monitoring of defenders under threat. Faced with this scenario, however, it is possible to think of alternatives for the construction of a comprehensive protection policy, whether through the State or not.
Acesso aberto (Open Access)
O exercício dos direitos de acesso ambiental como garantidores de democracia ambiental e direitos humanos: os impactos socioambientais, após a duplicação da Estrada de Ferro Carajás na cidade de Marabá – Pará
(Universidade Federal do Pará, 2022-08-30) PINHEIRO, Olinda Magno; TRECCANI, Girolamo Domenico
In this thesis, we investigated following the normative genesis of International Conventions and national legislation on the environment and human rights, on the extension and application of the so-called Rights of access to information, participation and access to justice in environmental issues, and how they have been effective or not, the exercise of these rights the reality of the neighborhoods Araguaia and Nossa Senhora Aparecida, located on the route of the “EFC” Railway, in the urban area of Marabá. It was defended and proved, as the main hypothesis, that the denial of these access rights opens space, not only for the violation of rights inherent to a healthy environment, but also contributes to mitigating the population's perception of socio-environmental impacts. In that, followed for this analysis, mainly the theoretical referential of the State of Environmental Democracy, and adopted as scientific method the hypothetical-deductive, which was allied to the technique of bibliographic and documentary research, together with the field research developed in these neighborhoods, in which several socio-environmental impacts were widely raised, mainly from the duplication of the railway branch between the years of 2012-2016, still having repercussions today, a diversity of negative impacts, linked to the exploration and disposal of ore through the railbranch. Thus, the feasibility of this thesis was considered, whose central problem was to research: to what extent, the individual or collective exercise of environmental access rights, has contributed to the perception and prevention of socio-environmental impacts, especially in the Araguaia and Nossa Senhora Aparecida neighborhoods, in the urban area of Marabá, located on the EFC route (Estrada de Ferro Carajás). In conclusion, that in communities such as those studied in this research, the exercise of environmental access rights, in its three modalities, is of fundamental importance for the defense of the environment and also of other human rights, but it is fully observable that there is a nimbalance of forces among affected populations in the face of big business, represented by companies and their strategies to control social and population risks, thus affecting the exercise of environmental democracy and the guarantee of other human rights.
Acesso aberto (Open Access)
Gestão municipal e direitos humanos
(Universidade Federal do Pará, 2024-08-27) SILVA, Jânio Maciel da; MACIEL, Marinalva Cardoso; http://lattes.cnpq.br/7097094334421162
The municipal public administration plays a fundamental role in protecting, defending, and promoting human rights. One of its main functions is the provision of public services that meet local needs regarding the realization of human rights. The work began with an in-depth review of the national literature that generated the article “Local Public Management and Human Rights: A bibliometric study in national literature”, submitted to the Humanities and Innovation. The second paper analyzes the governance instruments of municipal management in human rights, particularly the actions implemented for selected vulnerable groups, aiming to create a general indicator of municipal management performance using the Item Response Theory technique. In addition to enabling a comparative assessment of local governments in human rights, the approach allows identifying actions with greater or lesser implementation, providing managers with the possibility of identifying points in which they need to improve their performance. With the results obtained, it was possible to create performance levels of municipal management in human rights and make comparisons between regions of Brazil.
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Meios de garantir o cumprimento às sentenças da corteidh: uma análise a partir das condenações do estado brasileiro
(Universidade Federal do Pará, 2021-02-05) FRANCO NETO, Laércio Dias; RIBEIRO, Cristina Figueiredo Terezo; http://lattes.cnpq.br/9188707404168670
The thesis addresses the internal means for the Brazilian State to guarantee, in an institutional manner, compliance with the judgments of the Inter-American Court of Human Rights. Through quantitative and qualitative empirical research methodologies, 07 decisions were analyzed that identified the factors that led Brazil to comply or not comply with the decisions, pointing out institutional solutions that guarantee respect for the measures of the inter American court. During the development of the thesis, the reasons that influenced its implementation were verified in each repair measure. The thesis demonstrates that Brazil has a satisfactory level of compliance with some measures, while having difficulties in internalizing others, especially due to bureaucratic / political and domestic law issues. The thesis deals not only with procedural / procedural issues, but also with substantive law itself, since failure to comply with the judgment of the Inter-American Court constitutes a violation of human rights provided for in the American Convention. The thesis aimed to reaffirm the importance of complying with the judgments of the inter-American court as a means of implementing Human Rights, through international jurisdiction, as well as national jurisdiction, with institutionalization mechanisms in the Brazilian legal system.
Acesso aberto (Open Access)
A questão dos desaparecidos no Brasil: da identificação à devolução a sociedade
(Universidade Federal do Pará, 2025-02-27) SILVA, Mariluzio Araujo Moreira da; SILVA, Hilton Pereira; http://lattes.cnpq.br/3917171307194821; https://orcid.org/0000-0002-3287-3522
The issue of the disappeared is a social, health, justice, and public security problem that affects Brazilian society and has gained greater visibility since the struggles of survivors and the families of victims of the military dictatorship (1964-1985) and which has taken on various forms in recent times. This theme is present in debates about human rights, criminal justice, policing, justice, and citizenship, and it intersects with discussions in the fields of Bioanthropology and Forensic Anthropology. This research was conducted from 2020 to 2024 and constitutes the scope of the doctoral thesis developed in the Graduate Program in Anthropology at the Federal University of Pará-PPGA, in Bioanthropology within the research line of Genetic and Forensic Anthropology. The thesis is divided into three articles and a connecting text, as stipulated in the PPGA's internal regulations. The first article engages in a debate about the bioethical aspects related to the way unidentified or unclaimed bodies are treated in Brazil, highlighting the main bioethical needs in the treatment of these victims considering possible human rights violations caused by the fragility of Brazilian law. The second article presents a scenario of how the official fo- rensic institutions of the states have handled information about unidentified or unclaimed deceased persons, the types of existing databases, methods of sharing and accessing in- formation, and how these actions have impacted the location of these victims. In the third article, an analysis was conducted on the panorama of missing and located persons based on official data provided on the Sinesp-VDE platform of the Ministry of Justice and Pub- lic Security-MJSP, within the historical series from 2015 to 2024. Based on the analyses conducted, there is a need for the implementation of more coherent legal devices aligned with bioethical issues that prevent and curb potential rights violations, through the crea- tion of national-level protocols that standardize the procedures to be adopted for cases of unidentified or unclaimed victims, and the creation of state databases in forensic units in an integrated manner, with information transparency, increasing institutional capillarity and information decentralization, thus allowing families of the missing to conduct effi- cient active searches; further improvement of the national policy for searching for missing persons is also necessary, increasing the efficiency in locating them, improving the con- solidation of data in the centralizing body, and creating socioepidemiological monitoring strategies for this phenomenon. Despite the creation of the law bringing greater legal se- curity, public authority actions need to be improved, with a necessity to enhance actions for combating and preventing the crime and locating the victims.