Navegando por Assunto "Interesses coletivos"

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Litisconsórcio, efeitos da sentença e coisa julgada na tutela dos interesses metaindividuais
(Universidade Federal do Pará, 2001) ROCHA, Ibraim José das Mercês; MATTOS NETO, Antonio José de; http://lattes.cnpq.br/4719479439779242
The comprehension of the legal phenomenom as an inclusion sistem is fundamental for the comprehension of the standard approaches wich rule de tutelage of metaindividual interests. So porper 21st century, the main standards to this procedural sistem in Brazil are expressed under the Law 7.347/85 c/c Law 8.078/90 and the necessary interaction with the federal Constitution standards which rule such matter, where the legality model ad causam is granted and public as well as private social entities reflect their nature as a peace making tool to the social conflict. The phenomenon of pluraty of parts in the process of collective tutelage; the highlight to the procedural notion of terceiro is supposed to be essential for the comprehension of such phenomenon, detaching from its construction of material rights relationships that may originate its diverse modalities. The phenomenon of pluraty of parts in the process of collective tutelage; the highlight to the procedural notion of terceiro is supposed to be essential for the comprehension of such phenomenom in a collective tutelage site, which joinder of parties in the highest expression of such phenomenom, detaching from its construction of material rights relationships that may originate its diverse modalities. The respect of constitucional-procedural guarantee of the adversary and the legal defense as fundamental guarantee and right, importante and necessary to social tissue, may and shall be done under social parameters which are more reflexive to the place where special regulations of collective tutelage procedures are inserted, creating the patrio legislador "turns" of respect to its individual prisma, highlighting its social function, expressed in paragraphs 1, 2 and 3 of article 103 of Law 8.078/90. The efficacy of the decision in a collective tutelage site, for its nature will present repercussions about the interest of terceiros, and, as it is, it is for the tutelage of such individuals, so it is fair to say that they have efficacy ultra partes ou erga omnes, but the erga omnes are distinct from the judge part as well as ultra partes is, as it was thought on Chapter IV on Title III of Law 8.078/90, which only exclude thenselves on the form of "turns" thought of the legislator. No impairment there would be for the collective extension pro et contra of the erga omnes ou ultra partes effect of the judge part on tutelage of any of the metaindividual interests, with no exceptions, because they would not limit in any way the tutelage of the individual interests of mermbers of such collectivities, communites or group of victims, because it was not the aim of the collective procedure. But the caution demanded many "turns" to save such individual interests just in case of impertinence of the collective action, once that, is such a case, it is an only global responsibility of the defendant, being the individual interest in its range of action, it is not of the interest to act to intend a private tutelage as it is extincted in the procedure of collective execution.
Acesso aberto (Open Access)
Natureza capitalista versus natureza orgânica: o advento da ALCOA e a mobilização e organização das comunidades de Juruti no baixo-amazonas paraense
(Universidade Federal do Pará, 2014-06-10) SILVA, Lindomar de Jesus de Sousa; MONTEIRO, Maurílio de Abreu; http://lattes.cnpq.br/8077335023133373
The thesis aims to show the reading and analysis of the processes that led to unprecedented achievements involving communities in Juruti, low Amazon region located in the state of Pará Juruti was the scene of conflict, negotiations, agreements and achievements with the large enterprise mineral extraction developed by ALCOA. These achievements are the result of external and internal factors. External marked by a favorable set related to the leftist government in federal, state and municipal level, a legal institutional framework that recognizes the collective and territorial rights, emergence of environmental issues and the presence of the Catholic Church, through the pastoral work of the Franciscan Sisters Maristella, guided by liberation theology and pedagogy of the oppressed. Internally prevailed traditional character, community life and collective practices as puxirum, enabled the establishment of an organized and capable of triggering processes of mobilization and resistance with minimal fragmentation and cooptation territory. With support from various theoretical contributions of sociology, anthropology and others who facilitated our reading of the living process in the territory of Juruti, as well as the approaches of post - development. The methodology of the research is exploratory, descriptive and explanatory nature combined with field techniques such as collecting information and interviews with key personnel, company documents, communities, the Catholic Church and others. This procedure aimed to understand the speeches made by the present authors in Juruti. We identified the close relationship of the Church with movements and groups that have embraced the fight in the Juruti region along ALCOA, through the Congregation of the Franciscan Sisters of Maristella, by virtue of its history insertion site, and your choice in defense of traditionalism communities. Also realize an open government favorable to dialogue, there is a favorable political situation; the concern of global society with the environment; the existence of a legal framework to the recognition of institutionalized rights; such as territorial rights. This approach led to the conclusion that given the multiple actions of large projects is necessary to articulate opportunities and potentials in order to seek the ways of overcoming the invisibility given to communities by the state and big business enterprises. Organizational aspects in Juruti well as its articulation led to overcoming the mechanisms of domination, invisibility and standardization of traditional communities in the Amazon.
Acesso aberto (Open Access)
Policiais militares e política: as associações representativas e suas lutas sociais
(Universidade Federal do Pará, 2013-06-26) REIS, João Francisco Garcia; BRITO, Daniel Chaves de; http://lattes.cnpq.br/4547584911539063
This work show an analyses of the formation´s process of the Association of Military Policies from State of Pará, their fight strategies and the relation with the government. The goal is to investigate the speeches that confirm and deny the collective rights to the militaries from state and how the deal with the contradiction around the citizenship idea, basing on the walk to Cabo´s and Soldiers of Military Policies from State of Pará´s Club (CCSPMPA). The effort rescue the relation established between the military officer and the soldier, their life in barrack (domination, hierarchy, discipline…) and their perspectives about the individual rights, respect and disrespect to laws, participation on claiming movements and the evolution and search for the right to have rights, the results were found though the field research and the oral history; the time cut reaches the period f 1976-2012. The results show that Militaries Officers have characteristics of totals, closed, petrified institutions with scale and vertically structure , that work thought some determinations to the most graduated to the less graduated, where the military officers are explored, dominated by the hierarchy and strength discipline and live without opportunity to have an collective organization, which makes of them not complete citizens; about the motives of demand, we can see the expression that talks about disagreement between the citizenship and the militarism and that despite the domination the military officers wants to participate, to direct their own ways though the collective conception. The absence of collective rights deviate this category of public servicers from the right to have rights.