Navegando por Assunto "Law"

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Acesso aberto (Open Access)
Os media, direito e decisão judicial: observação de suas operações a partir da teoria dos sistemas de Niklas Luhmann
(Universidade Federal do Pará, 2020-08-11) PEREIRA, Debora Simões; GRAES, Isabel Maria Santos; VAZ, Celso Antônio Coelho; http://lattes.cnpq.br/0547983721448176
This thesis discusses the operations carried out between the media and the judicial system, based on Luhmann's theory of systems, seeking to understand how the judiciary reacts to external noises coming from the media. In carrying out this study, we sought to bring a new perspective on the subject, given its relevance to the social environment and recognizing that it has already been the subject of other research. The conception that is aimed to be achieved is to deconstruct a negative idea, erroneously disseminated in society, especially regarding the role of the media, in which their real importance is not recognized, identifying them as an obstacle to the correct application of the law by the courts. With this in mind, each system was studied in isolation, distinguishing its binary codes, its elements and the operations that occur internally. And, only from this, we investigated the irritations coming from the media system on the judicial system, verifying how this affects the decisions of the courts and the production of certainty. Thus, it was up to this work to verify whether, in the face of these interferences, there is a structural coupling between the two systems or an intrassystemic corruption of the media system over the judicial system.
Acesso aberto (Open Access)
O papel da narratividade na teoria do direito de Ronald Dworkin: há uma teoria narrativa em “Como o direito se assemelha à literatura”?
(Rede Brasileira Direito e Literatura, 2019-12) GUIMARÃES FILHO, Gilberto; MATOS, Saulo Monteiro Martinho de
This paper has the purpose of assessing the role of narrativity in Ronald Dworkin’s theory of law. The research question is to know whether Dworkin’s theory of law can be considered a narrative theory of law. By narrative theory, we mean a theory that is based on a heuristic characterization of plots, narrative genres, characters etc.Dworkin introduces six theses in order to link literature and law, in his classic “How law is like literature”: (1) law, as a practice of identifying valid legal propositions, can be better understood whencompared to the practice of literature (synechist methodology thesis); (2) the compression of the practice of law always involves a descriptive and valuative dimension (normative theory thesis); (3) every judgment about art presupposes a theory about whatart is(aesthetical hypothesis); (4) every judgment about valid legal propositions presupposes the determination of what law is (political hypothesis); (5) the political hypothesis of law depends on understanding the intentionality of the political community (chain novel); and (6) The chain novel depends on understanding the institutional history of the political community (institutional history thesis). This paper’s conclusion is that Dworkin’s theory must be seen as a narrative theory, and thatwithout such narrative aspect, his theory would simply be a legal naturalistic theory, since the purpose or value of the law would thus become absolute.
Acesso aberto (Open Access)
Terra de ninguém! o que será do pae santo afonso com a implantação do terminal portuário de uso privado – tup Abaetetuba?
(Universidade Federal do Pará, 2021-11-23) VASCONCELOS, Tatiane Rodrigues de; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881
The research has as a reference the recognition of the right to territory for traditional peoples and communities in the Santo Afonso Agroextractivist Project, located in the Xingu Island, in the municipality of Abaetetetuba/Pa, in the scope of the National Program of Agrarian Reform through the National Institute of Colonization and Agrarian Reform-Incra in partnership with the Secretary of the Union Patrimony. In order to identify the paths to the recognition of rights for traditional peoples and communities, the research goes through the indicators of the creation of the settlement, including, describes about the sparse legislation. The object of analysis is the settlement PAE Santo Afonso, located in the municipality of Abaetetuba-Pará, on the Xingu islet and the confrontation of struggles and resistance in the installation of the port enterprise identified as Tup-Abaetetuba-PA owned by the company Cargill. The study presents the characterization of the PAE Santo Afonso with regard to the riverside way of life and the normative adjustments since the implementation Ordinances, in addition to the reflection of Law No. 13,465/2017 with the Regulatory Decree No. 9,311/2018 With regard to methodology the study had a qualitative and quantitative direction using multi-methods, which includes direct observation, focus groups and suggestion of participant interviews. The research subjects were the riparians of the Community Vilar, Xingu and others from the Association of the Pae Santo Afonso. The qualitative data were analyzed from the bibliographic references, document of constitution of the PAE, as the field research. Thus, based on the analysis of the materials collected, it was found that the site is legally a differentiated Project Ambientally and the subjects that live there struggle and resist in an attempt to maintain decent housing.
Acesso aberto (Open Access)
Verdades e verdades: uma análise a partir do filme “A caça”
(Universidade Federal do Rio de Janeiro, 2018-12) MADEIRO, Roseane Torres de; NICOLAU, Roseane Freitas
This article aims to discuss the notion of truth to psychoanalysis in its interface with the law, for which the truth is sought in the facts through research; psychoanalysis, in turn, seeks to reveal the truth in the said subject. We will take the film The hunt (Jagten) because its plot is woven from the search for evidence of a fact allegedly occurred and based on the speech of a child, initially taken as truth. Thus, we question the practice of Testimony Without Damage, which consists of a survey with children, to establish the truth of the facts.