Dissertações em Direito (Mestrado) - PPGD/ICJ
URI Permanente para esta coleçãohttps://repositorio.ufpa.br/handle/2011/3418
O Mestrado Acadêmico em Direito pertence ao Programa de Pós-Graduação em Direito (PPGD) do Instituto de Ciências Jurídicas (ICJ) da Universidade Federal do Pará (UFPA). Em 1984, foi reconhecido pela CAPES o Curso de Mestrado em Direito Público. Em 1987, o PPGD passou por um processo de reformas, que deram origem a duas Áreas de Concentração: Instituições Jurídico-Políticas e Instituições Jurídicas e Sociais na Amazônia. Atualmente, o Programa oferta cursos de Mestrado Acadêmico e Doutorado (único da área de Direito na Amazônia), e se estrutura em torno de uma única Área de Concentração: Direitos Humanos. Possui cinco Linhas de Pesquisa: Constitucionalismo, Políticas Públicas e Direitos Humanos; Direitos fundamentais: concretização e garantias; Direitos Fundamentais e Meio Ambiente; Estudos Críticos do Direito; Sistema penal e Direitos Humanos. Sua missão é formar profissionais que, compreendendo a realidade local, rica em recursos, mas ainda com baixos índices de desenvolvimento econômico e social, trabalhem para transformá-la. Para isso, objetiva ofertar sólida formação teórica, aliada à competência política e social.
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Item Acesso aberto (Open Access) Precisamos falar sobre o assédio de consumo: a publicidade a serviço da indústria cultural(Universidade Federal do Pará, 2019-05-27) RODRIGUES, Lays Soares dos Santos; SOARES , Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419; https://orcid.org/0000-0002-2663-3303Consumer harassment imposes itself in today's society as one of the greatest challenges for Consumer Law. Considering the power of the cultural industry and its ability to influence consumer behavior, identifying how this influence can be materialized by advertising and eventually converted into a form of consumer harassment practiced in the pre-contractual framework is the major objective of the study. Throughout a research based on the deductive method and bibliographical survey, the study is divided into three parts. The first is devoted to the investigation of the transformations and social processes that led to the strengthening of the consumer society as it is conceived nowadays, with special emphasis on the role of cultural industry and the multiple meanings of consumption, demonstrating that it became much more than a way of satisfaction to achieve meaningful aspects of life. The second part, in its turn, analyzes the impacts of these transformations in the light of the new moment of Private Law, addressing and revisiting important concepts for Consumer Law, such as vulnerability and hypervulnerability. At that moment, the study will focus on vulnerability as a notion of multidisciplinary character and, in addition, on the concept of consumer, proposing a re-reading of the traditional definition of this legal figure, considering its current role and new possibilities which are offered as well - which, in a paradoxical way, result in both greater freedom and greater exposure to abusive practices. In the final chapter, we will discuss relevant conceptual and normative aspects of advertising, as well as consumer harassment, seeking, in this second point, to find more defined contours for this phenomenon, suggesting even a concept of its own. In this way, from the subsidies achieved in this and previous chapters, it will finally be possible to reach a conclusion on the relationship between cultural industry, advertising and consumer harassment, finding that the overlapping of its persuasive function to the detriment of the informational can convert advertising into a manipulation mechanism and consequently into an instrument of cultural industry in the practice of consumer harassment within the pre-contractual scope.Item Acesso aberto (Open Access) Town meeting: em busca da liberdade social no processo coletivo(Universidade Federal do Pará, 2018-12-13) PEREIRA, Luana Rochelly Miranda Lima; GÓES , Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115; https://orcid.org/0000-0002-2104-2889This work has as fundamental axes the values of justice and freedom, applied to the collective process. It aims at analyzing the process standard elected and developed in Brazil, with its repercussions on the collective process, seeking an alternative line for the enforcement of justice through social freedom. In this way, it discusses the possibility of the Town Meeting’s standard being a concretizing instrument of social freedom in the collective process. In order to do, it talks about the problem of ineffectiveness of the collective process in Brazil is analyzed through a critical analysis. It adopts the typology used by Edilson Vitorelli as a way of beginning to overcome this problem. Based on freedom, Axel Honneth’s understanding of social freedom is understood to be applicable to the collective process through the development of the Town Meeting standard, which brings to the process those involved, giving an active voice to the formation of the will in a democratic way. Methodologically, a bibliographical review and use of the deductive and inductive method will be carried out.Item Acesso aberto (Open Access) Tráfico de crianças: o exercício do biopoder necropolítico sobre corpos infantis(Universidade Federal do Pará, 2023-01-13) SÁ, Yasmim Pamponet; SMITH, Andreza do Socorro Pantoja de Oliveira; http://lattes.cnpq.br/1050234621474472Item Acesso aberto (Open Access) O Brasil de três supremos? Conjuntura política e cultura jurídica na definição do comportamento judicial do Supremo Tribunal Federal(Universidade Federal do Pará, 2023-01-27) FERREIRA, Valeska Dayanne Pinto; MAGALHÃES, Breno Baía; http://lattes.cnpq.br/0126393188779750; https://orcid.org/0000-0002-7183-2440This dissertation proposes to understand how the judicial behavior of the Brazilian Supreme Court is structured within the Brazilian political system. The problem of the research is presented in view of the verification of the incompleteness of the legal studies that are intended to investigate the performance of the STF over time, since they are presented in an isolated and retrospective way, not dialoguing with the elements of the political conjuncture and legal culture . This is an explanatory research, with a qualitative approach and bibliographic procedure, developed in an interdisciplinary way, considering studies in the field of Constitutional Law and Political Science. Based on this methodology, a new analytical category is formulated for the judicial behavior of the Court, called political-constitutional conjuncture. From this, the work finds that the performance of the STF dialogues with the political conjuncture and the legal culture that develop in parallel, so that the construction of its judicial behavior is related to the understanding that the Court itself establishes about the role that it must to play in Brazilian constitutional democracy, given the different political-constitutional conjunctures that arise.Item Acesso aberto (Open Access) A teoria tridimensional da justiça de Nancy Fraser e os obstáculos do capitalismo financeirizado neoliberal(Universidade Federal do Pará, 2023-03-07) REBELO, Thayná Monteiro; VAZ, Celso Antônio Coelho; http://lattes.cnpq.br/0547983721448176This dissertation aims to analyze the aspects that, according to Nancy Fraser's critical theory, the dimensions of redistribution justice, recognition and political representation are hindered by neoliberal financialized capitalism. To this end, its main theoretical reference is Fraser's theory of justice and neoliberal financialized capitalism, as well as the contributions of Wendy Brown, David Harvey, Wolfgang Streeck, Pierre Dardot and Cristian Laval, Silvia Federici, Verónica Gago, Saad Filho and Lécio Morais, Marcos Nobre, Jessé Souza and Flávia Biroli, as important interlocutions to complement and add to the author's thoughts. The study is placed in the perspective of Critical Theory, bringing new discussions that bring together justice, feminism, neoliberal capitalism, neoconservatism and democracy. The problem question presents itself as follows: in what aspects, according to Nancy Fraser's critical theory, are the dimensions of redistribution justice, recognition and political representation hindered by neoliberal capitalism? Methodologically, the research follows the dialectical method, the types of research used in terms of procedures are bibliographic, in terms of the qualitative approach and in terms of explanatory objectives. Thus, it is a theoretical research that intends to analyze concepts through a critical view. The first specific objective will correspond to the first chapter, which will present Fraser's theory of justice through its dimensions and contexts. The second chapter will satisfy the second and third specific objectives and proposes to understand the neoliberal financialized capitalism as an institutionalized social order, as well as deepening the understandings about neoliberalism by the selected interlocutors, including about the Brazilian reality and the developments as a rationality. The third chapter will reflect on the fourth specific objective and discuss the aspects in which, according to Fraser's critical theory, the dimensions of justice are hindered by neoliberal financialized capitalism. The results reflect that the redistribution dimension is incompatible with the competitive aspect of financialization; recognition is not ensured by the multifaceted aspect of neoliberalism - either progressive-meritocratic or reactionary-neoconservative -; political representation is incompatible in view of the imposition of neoliberal technocracy and democratic marginalization; and neoliberal exploitation and expropriation are presented as concrete forms of economic, sociocultural and political inequalities that prevent the realization of the dimensions of justice.Item Acesso aberto (Open Access) Função social da propriedade rural como instrumento para o cumprimento do mínimo existencial ecológico(Universidade Federal do Pará, 2023-03-01) BATISTA, Samilla Cavalcante; MATTOS NETO, Antonio José de; http://lattes.cnpq.br/4719479439779242; https://orcid.org/0000-0002-6830-7485Many issues that have to do with the Brazilian agriculture lack political and judicial discourse, and one of the reasons behind this has been the occupation of the Brazilian soil spanning over five centuries. At the centre of the legal debate in Brazil has been the institutionalization of is the challenge for the realization of the principle social function of property. The long-term exploitation of natural resources and the occupation of the rural lands have resulted in immeasurable consequences that have affected the owners, the local communities and the whole of the Brazilian society. Brazil’s Constitution of 1988 laid out the foundation on how the social function of rural property can be fulfilled. The Constitution also extends the same rights to own property and land as were stipulated in Magna Carta. This study describes and analyses the criteria pertaining to the social function of the rural property, which is seen as essential in maintaining and promoting both human and sustainable development through the implementation of public policies.Item Acesso aberto (Open Access) A liberdade de expressão e o crime de desacato no Brasil à luz do sistema interamericano de direitos humanos(Universidade Federal do Pará, 2023-03-28) FONSECA, Maria Eduarda Dias; RIBEIRO, Cristina Figueiredo Terezo; http://lattes.cnpq.br/9188707404168670Considering the importance of the right to freedom of expression for the consolidation of a democratic society, especially regarding the democratic control of state activities, there is a need to discuss the understandings concerning this right and the ways in which it can be restricted. In this sense, the purpose of this research is to study the content of the right to freedom of expression in light of the Inter-American System of Human Rights. On this basis, the aim is to observe the understandings of the Inter-American Court of Human Rights and the Inter-American Commission of Human Rights regarding freedom of expression, defining its content and the criteria listed so that its restriction does not constitute a violation of human rights, seeking to understand the points in which the understandings of these bodies converge or diverge, which can be better observed when it comes to the use of criminal means as a way to restrict freedom of expression. . Subsequently, the aim is to analyze whether the crime of contempt as typified in Brazilian law is compatible with the protection of freedom of expression. In order to observe how the international provisions on the subject are applied in domestic law, the arguments used by the Federal Supreme Court in ADPF 496/2020, which deals with the conventionality of the offense of contempt, will be studied in order to analyze whether they are consistent with the protection of freedom of expression and with the understanding of the Inter-American System. Thus, this study aims to answer the following research problem: what is the position of the bodies of the Inter-American System of Human Rights on the right to freedom of expression and the use of criminal means and how does the Federal Supreme Court use this understanding to decide on the conventionality of contempt in ADPF 496/2020? This will be done by using bibliographic research, in order to help define the concepts, and documental, especially through the analysis of documents from the Inter-American System, focusing on the Court sentences that deal with the protection of freedom of expression and the respective merit reports from the Commission.Item Acesso aberto (Open Access) A natureza como sujeito de direitos no sistema interamericano de direitos humanos(Universidade Federal do Pará, 2023-03-02) TEIXEIRA, Marcos Wagner Alves; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918The present work seeks to demonstrate the evolution of the protection of nature, from the first letters of civil and political rights, reaching the decisions of the Inter-American System of Human Rights, especially of the Inter-American Court of Human Rights (Court IDH), to verify if in the Jurisprudence more of the Inter-American System of Human Rights, Nature is considered a subject of rights. For this purpose, the jurisprudential analysis of 9 (nine) cases judged by the Inter-American Court from 2001 to 2018, related to traditional communities and environmental protection, was used. The methodology used was qualitative-quantitative, through a literature and document review, as well as an empirical study of the IDH Court jurisprudence. Initially, we sought to carry out an analysis of the ethics of Nature, thus contributing to it from an anthropocentric, biocentric and ecocentric perspective, and the points of contact between the various theories. Next, we began to study the evolution of constitutionalism in Latin America, with emphasis on the constitutions of Ecuador and Bolivia, placing Nature on another level by protecting it constitutionally and legally as a subject of law. When investigating the protection of the environment in the international scenario, more specifically in the Inter-American System of Human Rights, we analyzed Advisory Opinion nº 23/2017, since it establishes parameters for the System in environmental protection. We verified that, in a way, the protection of nature is also present in the decisions of the Inter-American Court, not by chance, the environmental preservation, even in a reflexive way, started to have shelter in the System, in the protection of the indigenous territories and of traditional communities. In view of the interrelation of these with tangible and intangible assets, to conclude that despite Advisory Opinion No. 23/2017 it was established that the natural path would be for Nature to recognize the status of subject of rights, the decisions do not conclude from this way, bringing it closer to an anthropocentric vision with socioenvironmental concerns.Item Acesso aberto (Open Access) Comunidade quilombola do Subaé e o licenciamento ambiental de linha de transmissão de energia na Bahia: violação ao direito da consulta prévia, livre e informada(Universidade Federal do Pará, 2023-08-30) ARAUJO, Luciéte Duarte; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881The research proposes to identify the mechanisms used by federal agencies, municipal and by Sterlite Power Grid Ventures Limited that favored the violation of the right to prior, free, informed and good consultationfaith provided for in ILO Convention 169 in the environmental licensing of LT 500 kV Port of Sergipe (SE) - Olindina (BA) - Sapeaçu (BA) C1 Associated Substations, from the study of Quilombo Subaé. The provisions of art. 68, from the ADCT of the Constitution of the Federative Republic of Brazil of 1988, which ensures the right to property of quilombola communities. The environmental licensing process of this project is being processed at the Ibama office in Bahia, under number 02001.022704/2018-96 and already includes the release of prior licenses and installation of LT 500 kV. To do so, it is intended to understand the logic (s) that guides (m) decisions, in terms of legal references. It is understood that the parameter adopted by the Brazilian State in environmental licensing of project of this nature is being life, good living and human rights defenses in CRFB/88 and in International Treaties to which Brazil is a relative signatory in the name of development. As for the methodology, it is a case study, the research will follow, as a rule, the hypothetical-deductive approach method and, as for the technical procedures adopted, it is configured as bibliographic and documentary research. We adopted a theoretical matrix with an anti-racist bias to show that the Brazilian state, as well as other modern states originated from a historical and political process of the capitalist-projectcolonial countries of European countries based on the inferiorization of the black subject in such a way that, even today, neoliberal they suffer the violence of structural racism that persists in societies and; of critical theory of law to remind that this system of hierarchical social regulation allows some legal institutions to reproduce arbitrary actions of power that culminate in the impossibility of social and racial justice. Thus, the structures of the state are essentially exclusion, oppression and discrimination. Considering these justifications, we understand the negligence coming from some organs of the country with the Quilombo Subaé in the Municipality of Antônio Cardoso/BA, as a typical case of environmental racism.Item Acesso aberto (Open Access) O arranjo jurídico-institucional dos fundos patrimoniais: uma análise de legislação comparada entre Brasil e EUA(Universidade Federal do Pará, 2023-07-06) PINHEIRO, Lucas Gabriel Lopes; SCAFF, Luma Cavaleiro de Macêdo; http://lattes.cnpq.br/5719163147143385Endowment funds are instruments built with the aim of strengthening the financial sustainability of civil society organizations and can be interpreted as factors for the concretion of fundamental rights. The institute has paradigmatic experience in the legal-institutional arrangement in the United States, where federal tax incentives are foreseen in the Internal Revenue Code and rules related to management and investment and spending policies in the Uniform Prudent Management of Institutional Funds Act. Distinctly, in the legal-institutional arrangement in Brazil, endowment funds were provided for by Lei n.º 13,800/2019, with centrality in hard rules on the management and governance structure adopted. Given the distinctions between the arrangements, it is investigated how an analysis of comparative legislation between Brazil and the United States on the legal-institutional arrangement of endowment funds can contribute to raising funds to finance fundamental rights. For this purpose, a functional comparative method of procedure is used, with microcomparison investigation and documentary and bibliographical research. At first, the concepts of endowment funds, legal-institutional arrangement and transaction costs are presented, which underlie the emphasis on incentives provided in areas considered fundamental for raising funds for the cost of rights. Under this approach, the legal-institutional arrangements of endowment funds in the legal systems of Brazil and the United States are analyzed. Finally, a critical examination is carried out on the previous comparative exercise, considering the existing distinctions between both arrangements. It is concluded that a research of comparative legislation between Brazil and the United States of America on the legal-institutional arrangement of endowment funds contributes, from the perspective of raising funds with a view to cost of rights, by highlighting similarities and differences between the local arrangement and a paradigmatic experience around the institute, in order to visualize what is current in the regulation of key areas to encourage the creation of endowment funds, the making of donations, and the carrying out of investment by and/or through such funds.Item Acesso aberto (Open Access) O enfrentamento à violência contra as mulheres com deficiência na associação de pais e amigos dos excepcionais (apae) e na associação paraense das pessoas com deficiência (appd)(Universidade Federal do Pará, 2023-08-18) MAGALHÃES, Letícia Vitória Nascimento; SOUZA, Luanna Tomaz de; http://lattes.cnpq.br/5883415348673630; https://orcid.org/0000-0002-8385-8859; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645The social movements of people with disabilities were essential for the achievement of protective norms for these people at an international and national level. The organizations of these movements and their construction in associations and entities promoted more rights and public policies of social participation for the disabled population. Based on the contributions of feminists, new categories associated with disability began to be discussed, such as gender, class and race, generating an intersectional perspective. In this sense, based on the serious problem of violence against women with disabilities, the research sought to understand how the Association of People with Disabilities from Pará (APPD) and the Association of Parents and Friends of the Handicapped (APAE) have acted in the fight against violence against women with disabilities. Therefore, the research was based on the inductive method from a qualitative perspective, based on bibliographic and documentary studies. The survey also included interviews with professionals from both associations to analyze the history and specificities of their actions with people with disabilities, especially women with disabilities who are victims of violence. Based on the Content Analysis, it was found, among other aspects, that both associations daily assist women with disabilities and their caregivers who have experienced various types of violence, despite this, it was understood that the theme of violence against women with disabilities is not part of a structured front in associations for the defense of people with disabilities in the state of Pará.Item Acesso aberto (Open Access) Jurisdição: uma percepção a partir das teorias dos conflitos e das teorias das necessidades humanas(Universidade Federal do Pará, 2023-08-28) SIQUEIRA, João Renato Rodrigues; SILVA, Sandoval Alves da; http://lattes.cnpq.br/2744878887909140; https://orcid.org/0000-0002-1795-2281The current judiciary crisis calls into question the purpose of jurisdiction. On the other hand, conflictology studies have demonstrated the relationship between conflicts and needs in identifying and treating them. Given the above, the following question arises: to what extent does the adoption of theories of conflict based on human needs allow for a gradual change in the concept of jurisdiction? To answer this question, the methodology used was of a theoretical nature, with a qualitative approach to the problem, in a descriptive-explanatory way regarding the objectives, with a hypothetical deductive method, a means of experimental investigation and bibliographical research as an investigation technique. The hypothesis of the present work is that adopting human needs as the basis of the conflict and, therefore, elevating its service to the purpose of the jurisdiction implies loading it with a meta-legal content. Still, this being the purpose, there is no prohibition for other entities, in addition to the State, to exercise this function, that is, to meet needs, which does not presuppose the replacement of the subjects, but, on the contrary, can be carried out by the subjects in conflict themselves, even cooperatively. Therefore, for the purposes of this work, jurisdiction is conceptualized as a state or non-state function (I) to manage conflicts, problems and social dissatisfaction (CPIS) (II) through a third party that can act in substitution or in cooperation with the involved subjects (III) to meet human needs (IV).Item Acesso aberto (Open Access) Direitos educacionais quilombolas e os desafios para efetivação na comunidade quilombola de Inhanhum, município de Santa Maria da Boa Vista, Pernambuco(Universidade Federal do Pará, 2023-09-01) OLIVEIRA, João Aparecido dos Santos; GUIMARÃES, Sandra Suely Moreira Lurine; http://lattes.cnpq.br/5446022928713407; https://orcid.org/0000-0002-8835-7420The rights currently recognized for the black population, in the Brazilian legal system, are the result of the struggles of the black people, with their different forms of organizations and demands. The realization of these rights goes through the continuity of struggles, in confronting structured institutional racism in Brazilian society and in socio-political intervention actions, together with the Brazilian state. This work analyzes the challenges in realizing quilombola educational rights in the Quilombola Territory of Inhanhum, municipality of Santa Maria da Boa Vista, Pernambuco. The general objective is to analyze the challenges that exist in realizing quilombola educational rights in Quilombo de Inhanhum. And as a specific objective we established: (a) analyze access to education by black people in the history of Brazil; (b)highlight the history of the quilombos’ struggle to gain rights in Brazilian territory; and (c) identify the main challenges for realizing quilombola educational rights in the Quilombola Territory of Inhanhum. In addition to the bibliographic review and documentary analysis, the research was also developed with an ethnographic study and the methodology of participant observation. Considering that the researcher is a member of Quilombo de Inhanhum - inserted in the context of the research. For this reason, not distancing ourselves from the researched reality is intentional, as it enriches and qualifies the work. In the first section, we analyze access to formal education by black people, in the history of Brazil, considering the legal regulation of formal education and the treatment of black people, for the purposes of accessing or not accessing educational services. Next, we highlight how quilombola educational rights are recognized in Brazilian legislation. In the second section, we describe the reality of resistance and historical struggle of quilombos, to gain rights in Brazil and we talk about the struggle of Quilombo de Inhanhum, against the Riacho Seco Dam project and for the right to remain in their territory. In the third section, we discuss formal education in the history of the Quilombola Community of Inahnhum and the process of organizing the community within the scope of self-definition. When analyzing the challenges in implementing the educational rights of the quilombolas of Inhanhum, we identified that the main existing challenge is the lack of interest of the Municipal Government of Santa Maria da Boa Vista in implementing quilombola school education in the Quilombola Territory of Inhanhum.Item Acesso aberto (Open Access) Inclusão e finanças públicas: isenções de imposto sobre circulação de mercadorias e serviços (icms) e imposto sobre propriedade de veículos automotores (ipva), na aquisição de veículo automotor por pessoas com deficiência, no estado do Pará(Universidade Federal do Pará, 2023-08-28) MATOS, Hamanda de Nazaré Freitas; SILVA , Maria Stela Campos da; http://lattes.cnpq.br/6127087703635751; RAIOL, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645This research addresses the fundamentals of the criteria for granting tax benefits to people with disabilities in the state of Pará, focusing on exemptions from IPVA and ICMS, taxes of state competence. Because state taxes are the object of study in this investigation, municipal or federal taxes are excluded, which can also affect the cost of automobiles, such as the Tax on Industrialized Products. This is because it is understood that the state of Pará, as well as the other member states of the federation and the Federal District, must make use of its competence to institute state taxes in accordance with its policy, but that it cannot contradict the constitutional limits of the exercise of taxation or the rules of fiscal responsibility. The study, which examined one of the core goals of the Federative Republic of Brazil - the pursuit of poverty reduction, the elimination of marginalization, and the mitigation of social and regional disparities - was conducted through an analysis of bibliographical, legislative, and documentary sources with a focus on human rights. In this way, it was proposed to demonstrate how the State of Pará can grant tax benefits on taxes related to the transport of people with disabilities in a responsible way, providing greater objectivity in the concession criteria, based on the type or degree of disability for which it is intended, considering that each type or degree of disability has its own particularities. In the end, it was concluded that the considerations should be made based on the objective criteria for granting the benefit, mainly through the examination of purpose, determining the constitutional purpose of the differentiated treatment of people with disabilities and the ways in which the tax authorities should exercise budgetary control, in order to offer transparency to public budget.Item Acesso aberto (Open Access) Direito de danos e reparação civil ambiental: o fundamento de teoria de direito privado da responsabilidade civil ambiental brasileira(Universidade Federal do Pará, 2023-05-19) LIMA, Gabriel Santos; SÁ, João Daniel Macedo; http://lattes.cnpq.br/9744534971209709This research deals with civil liability for damage to the environment, evaluating a possible theoretical realignment of private law in the application of civil reparation. The work is divided into three parts. The first part initially presents the corrective and distributive models of civil liability, in order to understand the state of the art of the discussion on the right to damages. In the second stage, a doctrinal analysis is made of the elements of Brazilian objective civil liability, as well as the possible challenge presented by the application of the institute in the case of environmental damage. In the third and last part, the concepts of vulnerability are analyzed, in line with the conception of a new private law defended by Cláudia Lima Marques and Bruno Miragem, of distributive justice, based on the theory of Diego M. Papayannis, as well as possible repercussions from civil liability to the collective guardianship regime, based on idea of collective process. It appears that such concepts can be decisive for attributing civil liability for damage to the environment. Still in this last section, the case of programmed obsolescence of products is used to test the hypothesis. It is concluded that civil liability for damage to the environment can take advantage of vulnerability and distributive justice to promote a real change in the logic of private law.Item Acesso aberto (Open Access) A comunidade quilombola Abacatal e os aterros sanitários da região metropolitana de Belém: análise sobre a utilização do protocolo de consulta prévia, livre, informada e de boa-fé e os possíveis impactos ambientais das atividades dos aterros face à comunidade quilombola Abacatal/Aurá, Pará(Universidade Federal do Pará, 2023-10-10) ROSSO, Carolina Maria de Jesus; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881The present research analyzes the utilization of the Protocol of Prior Assessments and in good faith for the Quilombola Abacatal/Aurá Community - Prior, Free, Informed and Good Faith Consultation Protocol for the Abacatal/Aurá Quilombola Community in the processes of administrative licensing the landfills of the metropolitan region of Belém (RMB): Aurá Sanitary Landfill Aurá Garbage Dump and Marituba’s Sanitary Landfill. In this sense, this analysis looked to contextualize the problems experienced by the Acabatal community, its titling, the rectification and additions processes, verifying the judicial demands required by the community, in which are demanded reparations, compensation or indemnity for environmental damages, or the annulment of the landfill licensing processes in lieu of the absence of the Protocol of Prior Assessments and in good faith for the Quilombola Abacatal/Aurá Community - Prior, Free, Informed and Good Faith Consultation Protocol for the Abacatal/Aurá Quilombola Community. The justifications for the present research project relates to the problematics experienced by the Abacatal community, result of social and political neglect, the judicial aggrandizement regarding this issue, in light of the debate around the necessity of observance to the Convenção OIT-169 and to the right to an ecologically balanced environment, as well as, personal growth, since it is a familiar theme, with focus on the professional area, referring to the urban public policies, thus rectifying its social, judicial and personal relevance, respectively. The research used the descriptive method of research, through the qualitative research technique in which the documentary analysis of the judicial and administrative environmental processes related to the Quilombola community of Abacatal, as well as the private enterprises that have participated in the installation and operation of the landfills. sanitary facilities, as well as bibliographical research with the survey of texts and academic works on the subject.Item Acesso aberto (Open Access) Comunidades laborais restaurativas: um olhar sobre o assédio moral no trabalho a partir da justiça restaurativa e dos círculos de construção de paz(Universidade Federal do Pará, 2023-08-10) SIQUEIRA, Camille de Azevedo Alves; SILVA, Sandoval Alves da; http://lattes.cnpq.br/2744878887909140; https://orcid.org/0000-0002-1795-2281Cases of moral harassment may have individual, institutional and structural dimensions. However, the procedures usually adopted do not address the collective and structural dimensions and, at the individual level, result only in financial compensation, allowing the perpetuation of violence. It is in this context that we propose to think about restorative practices, and more specifically Peacemaking Circles, questioning: to what extent does Restorative Justice allow a new look at the phenomenon of moral harassment at work and, through the adoption of Peacemaking Circles, can build restorative work communities? To answer it, the research adopted the hypothetical-deductive method of approach. At first, the research was of an exploratory theoretical nature and the technique of bibliographical research was adopted. Then, an exploratory field research was carried out through the participant observation of restorative interventions, more specifically in the application of Peacemaking Circles of dialogue on workplace moral harassment, in work communities, analyzing the experiences of the researcher as a circle facilitator. It is concluded that Restorative Justice, through the application of the Peacemaking Circles, allows the identification and curing of other possible dimensions of moral harassment existing in the specific case, as it focuses on meeting the needs of all those involved, bringing the community into dialogue (and not just the work community), returning the protagonism to individuals so that they can recognize their co-responsibility and assume obligations in building restorative work communities.Item Acesso aberto (Open Access) Defensoria pública e aplicação de métodos extrajudiciais nos estados da região norte do Brasil nos períodos 2006-2008 e 2018-2021(Universidade Federal do Pará, 2023-05-17) CALDAS, Aline Rodrigues de Oliveira; VAZ, Celso Antônio Coelho; http://lattes.cnpq.br/0547983721448176The promotion of extrajudicial conflict resolution is the institutional duty of the Public Defender's Office. It is the only function that receives, in the list of constant attributions in its national organic law, the addition of the word “priority”. This is an activity that was established in the original wording of the aforementioned regulatory law (and consisted of promoting extrajudicial conciliation between the parties) and that, since the advent of Complementary Law n.º 132/09, it encompasses the various techniques of composition and conflict management, appearing, in our times, as a priority institutional function. However, numerous factors can prevent or hinder the fulfillment of this institutional mission, such as the deficit of public defenders, lack of specific training, workload, lack of budgetary resources, structural difficulties (materials, support staff, etc.), the indispensability of working with the Judiciary (defense in court), the deficient coverage of services, inadequate environment, among others. Thus, in view of the difficulties faced and considering that this is a priority function determined by law, this research investigates the application of extrajudicial methods and techniques for dealing with conflicts by the Public Defender's Office in the assistance provided by the institution, and adopts as a spatial cut the Public Defenders of the Northern Region of Brazil-DPEs. To this end, it analyzes the proportionality/disproportionality and continuity/discontinuity existing between the cases received by these public defenders and the number of extrajudicial agreements entered into during these periods (those not judicially approved), as well as strategic planning and institutional organizational charts. The method used is hypothetical-deductive, with qualitative and quantitative research of the descriptive, analytical and explanatory type, and later inferential. In qualitative research, bibliographical and documentary research is used. In conducting the quantitative research, the main source of data is the National Public Defender's Survey (2022), and the time frame is the periods correlated to the database used (2006-2008 and 2018-2021). As a result, when collecting the data and performing the statistical analysis, it was found that the DPEs in the northern region effectively apply extrajudicial methods and techniques for dealing with conflicts, but apply them regularly with low intensity; and, in general, with reduced use over time.Item Acesso aberto (Open Access) “Morreu? Não vai dar em nada, melhor nem ter o trabalho” : uma análise dos assassinatos de travestis em Belém(Universidade Federal do Pará, 2020-08-04) LOPES, Davi Haydee Almeida; SOUZA, Luanna Tomaz de; http://lattes.cnpq.br/5883415348673630; https://orcid.org/0000-0002-8385-8859Item 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/0000-0003-4639-9881The 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.