Teses em Direito (Doutorado) - PPGD/ICJ

URI Permanente para esta coleçãohttps://repositorio.ufpa.br/handle/2011/6401

O Doutorado Acadêmico em Direito pertence ao Programa de Pós-Graduação em Direito (PPGD) do Instituto de Ciências Jurídicas (ICJ) da Universidade Federal do Pará (UFPA). O curso de Doutorado foi aprovado e implantado em 2003. Para a elaboração da proposta, buscou-se identificar temas comuns desenvolvidos pelas duas Áreas de Concentração, para fundi-las em uma única, o que resultou na criação da Área “Direitos Fundamentais e Relações Sociais”. 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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Dispositivo drogas e governamentalidade neoliberal: funções estratégicas para o exercício do poder sobre os corpos e a população
(Universidade Federal do Pará, 2022-03-14) LIMA FILHO, Eduardo Neves; CHAVES, Ernani Pinheiro; http://lattes.cnpq.br/5741253213910825; https://orcid.org/0000-0002-8988-1910; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
The present study is developed with the objective of analyzing the strategic role of the drug device in neoliberal governmentality evidenced in Brazil and its strategic function for the exercise of power over bodies, over the population and the exercise of the power of death. In order to do so, itstarts from the theoretical-methodological tools developed by Michel Foucault, especially his analysis of power, including his studies on discourses, and his research on neoliberal governmentality. Thus, the work starts from the idea that it is possible to make use of Michel Foucault's research on power and knowledge, as well as his studies on neoliberal governmentality to understand the dynamics of the fight against drugs in the neoliberal context and its role in the exercise of referred to dynamics of exercising power. Based on the Foucauldian approach, the research problem corresponds to asking to what extent the drug device is managed in the neoliberal context from its usefulness to satisfy certain needs of groups that hold capital, enabling the control of bodies, the population and the exercise of the power of death. To answer the question, the work begins with a critical description of the methodological instruments developed by Michel Foucault, especially in his studies on knowledge and his analysis of power, which are fundamental for thinking about policies to combat drugs from the relations of power and forms of resistance in the neoliberal context. Then, it analyzes neoliberalism and its relations with biopower, emphasizing that Foucault does not reduce his analysis of neoliberalism to an exclusively economic issue and that is what is specific and singular in his position. It also deals with the anti-drug policy, starting with an analysis of drugs as a device in the Foucauldian sense. Then, a genealogical analysis of drug prohibitionism is carried out, without the intention of carrying out an approach that universalizes the issue. The analysis takes place through a cut aimed at understanding the current policy of drug repression in Brazil - without ignoring the strong international influences - from the ruptures that have occurred over the years and the conjunctural changes in the relations of power and resistance, especially since the rise and consolidation of neoliberalism. Finally, the strategic role of the war on drugs policy in neoliberal governmentality is demonstrated, especially in Brazil, concluding that the drug device is able to enable and justify the exercise of disciplinary power, biopolitics and sovereign power, especially over certain vulnerable groups because of its economic condition constantly worsened and precarious by neoliberal policies, as well as it is demonstrated that the changes, triggered in the neoliberal context, regarding the exercise of State racism and its intimate relationship with drug policy, which makes it possible to exercise the power of death on those groups.
Acesso aberto (Open Access)
Uma proposta de modelo de responsabilidade ulterior ao dano da liberdade de imprensa na democracia brasileira
(Universidade Federal do Pará, 2022-01-21) MASCARENHAS, Diego Fonseca; RIBEIRO, Cristina Figueiredo Terezo; http://lattes.cnpq.br/9188707404168670
This thesis intends to critically analyze how press freedom is approached in the Brazilian legal system, based on the study of the insufficiency of the responsibility model after the harm to the communication channels proposed in ADPF n. 130/2009, judged by the Federal Supreme Court, due to this conception that any law to regulate the media activity automatically implies in the risk of prior censorship. Thus, the thesis starts from the consideration that the absence of law in Brazilian legal is detrimental to the rights of civil personality for the citizen, as well as being unfavorable to the media, because it promotes legal uncertainty without instituting what are the normative definitions for the broadly-broadcast sectors of news that become more exposed to receiving convictions in the Judiciary. In this context, the model of ulterior responsibility for harm of the Inter-American Court of Human Rights is proposed, to determine normative guidelines in the restriction of free speech, which can occur as long as it is proportional, with clear legal criteria and with respect to the principles democratic. The thesis aims to expose, from Alexis de Tocqueville and Habermas onwards, the origin of press having a strong connection with democracy in order to demonstrate the reason for the judicial reasoning of the STF and the Inter-American Court to associate the press with democracy. In order to analyze the development of communication channels and their relationship in the public space, the study of how news dissemination media are understood from the point of view of media, mediation and mediatization is developed. The concept known media is approached by McCombs' Agenda Theory, which is based on the pre-selection process of the data that will be conducted to the public space and the way in which they will be interpreted, while the sense of mediation from Thompson makes up the media news as a transmission center not only for facts, but also for values, culture and education. Further on, the thesis positions the emergence of mediatization of data flow channels through Muniz Sodré and Fausto Neto, as it states that the receiver of information is no longer a passive subject to actively participate in the communication process, which shows change perspective of the traditional concept of journalism when there is participation of people within the language of the editorial board. Finally, all the decisions about free speech of the Inter-American Court are exposed to examine what the criteria are when establishing limits for the exercise of free circulation of thoughts and news in democracy, in order to serve as a legal parameter for the Brazilian legal system.
Acesso aberto (Open Access)
Sloterdijk e o antropoceno: micropolíticas para a agenda civilizatória
(Universidade Federal do Pará, 2022-08-10) RODRIGUES, Bráulio Marques; MATOS, Saulo Monteiro M. de; http://lattes.cnpq.br/1755999011402142; COSTA, Paulo Sérgio Weyl Albuquerque; http://lattes.cnpq.br/4135075517359609
Acesso aberto (Open Access)
O tribunal deve manter a sua jurisprudência íntegra, e agora?: a integridade dos precedentes como garantia do direito fundamental de acesso à justiça a partir do Supremo Tribunal Federal
(Universidade Federal do Pará, 2022-08-23) HOMCI, Arthur Laércio; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115; https://orcid.org/0000-0002-2104-2889
The objective of the present study is to answer the following question: can the obligation of the jurisprudence integrity attributed to Brazilian courts may contribute to the guarantee of the fundamental right of access to justice? The central hypothesis of the research is that one of the elements able to guarantee the fundamental right of access to justice is the performance of the Brazilian courts from the observance of the integrity of their jurisprudence, according to the precedental jurisdiction that is long for in Brazil. The research is justified, as we still lack an investigation that applies the legal value of integrity as a possible solution to the problems of our community regarding access to justice. To reach the general objective, four chapters are elaborated, each one corresponding to a specific objective of study. In the first chapter, we demonstrate how the precedent movement is happening in Brazilian law, stating that our tradition, historically more identified with the civil law tradition, does not constitute an impediment for this movement, but imposes several challenges to the consolidation of law in a precedent perspective. In the second chapter, we expose how the Brazilian normative system is regulating the application of binding precedents, especially from the 2015 CPC, passing by some basic concepts of the precedent theory, and we analyze how society participates in the formation of binding precedents. In the third chapter, we investigate the role of integrity in this scenario, we seek to justify the insertion of the expression “integrity jurisprudence” in the wording of article 926 of the Civil Procedure Code, and we sustain that Ronald Dworkin's theory of law as integrity can be a form of interpreting the meaning of this expression and its importance to our legal system. In the last chapter, we established two objectives: to expose the faces of access to justice in contemporary jurisdiction, and to assess whether the Federal Supreme Court, particularly in trials involving issues related to access to justice, considers the principle of integrity as a relevant value to our legal system. In conclusion, we discourse how the Supreme Court practice should be a relevant guide to the performance of all Brazilian judges and courts. The research transits among deductive methods, from the bibliographic analysis of the authors studied, and inductive methods, based on the analysis of the STF precedents and its concrete application. The objective of the methodology used is to accomplish a scientific research, seeking in the theory of law, in the theory of precedents and in practical experiences, the answers to the presented problem.
Acesso aberto (Open Access)
Regularização fundiária e o direito territorial coletivo das comunidades tradicionais rurais na Amazônia: análise da Lei nº 13.465/2017 a partir dos parâmetros interpretativos das decisões da Corte Interamericana de Direitos Humanos
(Universidade Federal do Pará, 2022-04-08) MONTEIRO, Aianny Naiara Gomes; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881
Law No. 13,465/2017 changed the legal regulation of urban and rural land regularization, making the collective titling of traditionally occupied lands in Brazil more difficult. This research presents a critical analysis of Law No. 13,465/2017 and the implications of this legislation and its regulating decrees to rural collective territories in the Amazon, seeking to answer the following guiding question: to what extent does the current federal legislation on land regularization guarantee the territorial right of traditional communities and the effectiveness of this right in the Amazon Environmentally Differentiated Settlement Projects? To answer the research question it is used Convention 169 on Indigenous and Tribal Peoples, of the International Labor Convention (ILO), of which Brazil is a signatory, as it establishes special protection for collective territories; as well as the Inter-American Court of Human Rights’ (IA Court. H.R.) decisions, from which interpretative parameters are derived that represent important standards for protecting the territorial rights of indigenous and tribal peoples, a category that includes Brazilian traditional communities. This is a bibliographical study, since it presents concepts about the land instruments available for regularizing possession and/or ownership of the territories of traditional peoples and communities. It is concluded beyond the simple creation of obstacles that hinder the collective titling of traditional territories in the modalities of Environmentally Differentiated Settlement Projects, Law No. 13,465/2017, if used for the land regularization of these spaces, it makes unfeasible any possibility that new differentiated settlements will be created that safeguard the territory in its entirety. The use of Law No. 13,467/2017 to the Environmentally Differentiated Settlement Projects should be rejected, since it imposes a restrictive interpretation to the collective territorial rights of traditional communities, affecting the fundamental rights of these groups. Therefore, it is not possible to speak of a guarantee or effectiveness in the right to collective property of the lands traditionally occupied in the validity of the current legislation of landholding regularization.
Acesso aberto (Open Access)
Adoção internacional: o melhor interesse da criança e seu direito fundamental à convivência familiar em face da subsidiariedade
(Universidade Federal do Pará, 2021-06-29) FURTADO, Maria Marlene Escher; RIBEIRO, Cristina Figueiredo Terezo; http://lattes.cnpq.br/9188707404168670
The thesis presented deals with International Adoption from the perspective of the best interest of the child and his/her fundamental right to family life confronting its subsidiarity in Brazilian legislation. The problem raised in this research was: “to what extent does the subsidiarity of international adoption in Brazil affect the realization of the child's right to family life in the perspective of child’s best interest?”. The objective was: “to investigate the obstacles to international adoption and obstacles to effective family life in the perspective of the principle of subsidiarity”. The method used was the deductive one and the techniques were bibliographic research; jurisprudential, via decisions of the Third Panel of the STJ; and the field, where visits and semi-structured interviews were carried out with the Federal Central Administrative Authority, State Judicial Commissions of International Adoption in the states of Pará, Ceará, Rio de Janeiro, Santa Catarina, Rio Grande do Sul, and Mato Grosso do Sul, and also, forms were applied, via e-mail, to the State Judicial Commissions for International Adoption from all over Brazil, to ACAF, in Courts of Childhood and Youth, State Prosecutor's Office, as well as in bodies accredited to act in international adoption. The main results found were: that the current Brazilian legislation puts international adoption as the last resort and, thus, does not guarantee the effectiveness of the child’s right to family life in a situation of adoptability; that from the analysis of the decisions of the STJ, the best interest of the child is family life, with its institutionalization being the last resort; and that from the analysis of the interviews and applied forms, it was found that most professionals do not consider subsidiarity to be an obstacle; however, it was identified that professionals with longer experience in international adoption understand differently, arguing that subsidiarity “runs against time” and delays the child's adoption process. The conclusion reached was that insofar as the subsidiarity principle places international adoption as a last resort, the fundamental right of the child to family coexistence is not taken into account in view of his/her best interest in being raised and developed in the midst of a family that cares and loves the child.
Acesso aberto (Open Access)
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)
Greve ambiental individual: propostas para a sua efetividade
(Universidade Federal do Pará, 2021-12-21) ZWICKER, Igor de Oliveira; MARANHÃO, Ney Stany Morais; http://lattes.cnpq.br/5894619075517595; https://orcid.org/0000-0002-8644-5902; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324
The ILO’s Convention n. 155, an international human rights treaty that bears the hierarchical-normative position of supralegality in the Brazilian legal-constitutional system, provides for the possibility of triggering an environmental strike for the self protection of life or health, by a single worker. The research problem rests in the (in)effectiveness of ILO’s Convention n. 155, due to the series of obstacles that militate in favor of its ineffectiveness: the worker's vulnerability; the lack of protection for the environmental striker and the difficulty in recognizing the guarantee of employment; the lack of strengthening of anti-discrimination protections; the lack of recognition of the right to refuse work situations that involve an imminent and serious risk to life or health; deficiency in the collective governance of the work environment; the inexistence of an adequate exercise of the right to environmental information, at its three levels (right to inform, right to seek information, and right to be informed); and the worker's lack of technical knowledge to adequately exercise self-protection. The research goes deeper into the institute of the individual environmental strike and the general objective is to seek ways to guarantee the effectiveness of its outbreak, by a single worker. The research presents itself theoretical, for the delimitation of the environmental strike in its individual bias; jurisprudential, to recognize the meaning and scope of the institute in the iterative, current and notorious jurisprudence of the Superior Labor Court; and empirical, to verify the effectiveness of the environmental strike. The results show that, currently, the individual environmental strike is not effective, lacking proposals for its effectiveness. It concludes with the presentation of proposals for its effectiveness: caution in recognizing the abusiveness of individual environmental strikes, with inquiry into the extensive information offered to workers, so that they could exercise this right/guarantee; a reverse onus clause, that shifts the burden of proof onto the employer; the communication to other social actors and not just to the worker's direct superior; a supported decision-making, with recourse to technical advisers outside the company; the guarantee of indemnity for its free exercise, without fear of employer reprisal; and the protection of self-protection as an intrinsic corollary of freedom of association, with the presumption that the worker acted in good faith in defense of his life or health.
Acesso aberto (Open Access)
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.
Acesso aberto (Open Access)
Responsabilidade civil por danos à pessoa decorrentes da aplicação de agrotóxicos na atividade agrária: estudos teórico e jurisprudencial de decisões dos Tribunais de Justiça dos estados brasileiros
(Universidade Federal do Pará, 2021-08-25) COSTA, Elida de Cássia Mamede da; MATTOS NETO, Antonio José de; http://lattes.cnpq.br/4719479439779242; https://orcid.org/0000-0002-6830-7485
This thesis assesses the civil liability to pesticides’ users in Brazil for damages to the person that this activity effectively and potentially causes. The main objective is to analyze theoretical aspects and the judicial decision regarding civil liability for the pesticides’ application, whose damages caused directly to the person are increased with the increasingly flexible standardization of pesticides in all its production stages as a Brazilian trend. To elaborate the situation analysis, this work first used theoretical and qualitative research based on a bibliographic survey and legislation related to pesticides and civil liability, while the second step involved quali-quantitative Brazilian Courts judgement’s documentary survey, with the deductive reasoning’s juridical method in both stages. The theoretical reference’s result points to the need for consideration and evaluation civil liability following functions: reparative / compensatory, punitive, preventive and precautionary, as well as this circumstance as a harm’s state and conduct damage, added to the legal or normative causality notion, causality’s presumption and integral risk theory application. In the second stage results in demonstration that in Brazil the tendency is that the Judiciary does not impose civil liability on the pesticides’ users if the evidence for direct and immediate damage and causal link is not present in terms of the causal nexus in generalizing and individualizing causality’s theories. The conclusion is that in Brazil the doctrinal evolution does not follow accompanied by the judicial decision evolution, observed the difficulty to civil liability’s judicial imposition for the pesticides application. This difficulty is coupled with the current legislative tendency to facilitate from registration for manufacture to the product’s use, production, storage, transportation, distribution, commercialization and application of the product – that culminates in the excessive pesticides’ application in crops, which will allow the expansion of agro-environmental damage. Thus, there is a need to reinforce agro-environmental protection through strict legal restrictions and the consequent civil liability recognition amplitude in judgments, to promote the pesticides responsible application.
Acesso aberto (Open Access)
A ilusão do controle das drogas: guerra às drogas e economia política do controle social
(Universidade Federal do Pará, 2021-10-29) SILVA, Adrian Barbosa e; GOMES, Marcus Alan de Melo; http://lattes.cnpq.br/0371519214729478
This present thesis confronts the theme of social control in the war on drugs. In its methodological path, which combines bibliographic and documental techniques with dialecticity anchored in the empirical (general method), it retakes the discussion around the concept of social control to evaluate its heuristic potential for analyzing the researched object (social control of drugs). When carrying out a national diagnosis based on the literature review (penalism and criminology), and noting the absence of a consolidated debate, it proposes a problematizing approach, in a negative (deconstruction or criticism of social control) and positive (reinvention or revisited social control) dimension in the face of particularities of the situated context. In this way, it seeks to boost the sociological oxygenation of critical criminology (referent), from an interactionist-materialist perspective (specific methodology) open to interdisciplinarity, forging a conceptual approach based on power relations (intersectional social control), from Mead to Marx & Foucault (and Mbembe), from contributions of gender, race and class and, consequently, on hierarchies of neoliberal capitalism and on the bonds of global dependence. Prohibitionism is taken as a case of study, given the need to cut and its unique relevance for understanding criminal and social issues. When questioning the impact of the production relations of the Brazilian social structure on the articulation of strategies for the social control of drugs (problem), tests the hypothesis – which, in light of the political economy of punishment, leads to believe that they are consistent with the transformations of the hegemonic mode of production –, and indicates its developments (objective general), dividing the investigation into four moments (specific objectives): initially (1st chapter), the limits of the legal field for understanding the phenomenon and the role of the hegemonic vision built in research on drug consumption, production and trade in Brazil for the maintenance of a security and defensive “academic collaborationism” are questioned, drawing up, in reaction, the guidelines for a (critical) sociocriminology on drugs and social control; then (2nd chapter), the debate around social control is reconstructed, proposing an updated reading on the subject, for then (3rd chapter) to situate social control in the scope of the critique of political economy, historicizing it in the Brazilian social structure and in its mode of production and, finally, the development of Brazilian-style prohibitionism, in both aspects, as much internationally as domestically, from the colony to democracy; and, finally, but not least (4th chapter), the microphysics and macrophysics of the war on drugs are unveiled, as a way of understanding the dimensions of the power relations that underlie (and which) strategies for the social control of drugs in the current stage of capital accumulation in the country and, as a background issue, the very meaning of “failure” (and the “alternatives” proposed to it) of war on drugs. It is intended, in the final analysis, to build criticism advocating the horizon of a political economy of social control of drugs, proposing a re-discussion of the metaphor or war in the light of the sovereignty of capital. It is a possible intellective effort for an emancipatory understanding and transformation of the social reality of the peripheral crowd that is the priority target of bio and necropolitical strategies in the social order.
Acesso aberto (Open Access)
Trabalho e velhice: como ler os direitos dos trabalhadores velhos?
(Universidade Federal do Pará, 2020-06-19) SILVA JUNIOR, Paulo Isan Coimbra da; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567; https://orcid.org/0000-0003-4955-1949
This work discusses the possibility of extending the legal protection provided for the elderly (people aged 60 or over) to workers who, even before reaching this age mark, are inferior in the labor market because they are socially identified as old. The investigation is based on the version of egalitarian liberalism developed by Ronald Dworkin, arguing that a government is only legitimate when it strives to demonstrate equal consideration for the destinies of all those governed and full respect for the personal responsibility they have for their own lives, thus to the two Dworkian principles of dignity. In this sense, the right must be consistent and treat people as equals. In the context of the research, the correct interpretation of the rights of the old person in labor relations is one that expresses this effort to treat everyone with equal respect and consideration. The construction of the interpretation begins with the understanding of aging in the social perspective and its projection in the work relations with the outline of the figure of the old worker, who reached the age group, is seen as a person in physical, psychological and social decline who no longer meets the requirements arising from the employment relationship due to its progressive distancing from the privileged age frame. Then, a survey of the legislation resulting from the intense process of normative production in the framework of Human Rights proceeds, which, challenging the presumption of incapacity of work for the elderly, recognized specific rights intricately linked to the condition of old. In this research it is argued that our legislation for the elderly is a reaction to the aging process and is based on the need to guarantee legal protection to all those who are inferior because they are considered old, even before the age of 60. Limiting its application to the group arbitrarily defined as elderly would imply an unfair limitation of legal protection to a group that has aging as the determining cause of its vulnerability. The best reading of Brazilian legislation, therefore, is in the sense of extending the legal protection guaranteed to the elderly to workers who are inferiorized due to aging, regardless of age.
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 Núcleo de prática jurídica da Universidade Federal do Oeste do Pará como instrumento pedagógico
(Universidade Federal do Pará, 2021-06-30) SOARES, Maria da Conceição Cosmo; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
The goal of this research is to analyze the centre of legal practices of the University of the West of Pará (NPJ/UFOPA) considering its human, material and pedagogical aspects. The analysis verifies the contribution of the institution on the academic education of law graduates. The interest for this topic started due to the author´s experience as a teacher in NPJ/UFOPA since 2010. This experience brought some concern over this subject. This research is based on the systematization of the methodological/theoretical references, documental research and interviews. Two themes will be approached in two separate but connected chapters: the first chapter will cover debates concerning the main functions of the NPJ and the centre of the UFOPA along with a study of the pedagogical project of the course of law and statutes as well as norms of the institute. We will analyze the relations on the activities of the NPJ/UFOPA and the main beneficiaries of the free legal assistance as well as show the characteristics of the beneficiaries of this service. The second chapter will present the clinical methodology and the extension and research projects of the UFOPA that aim to amplify activities related to the legal practice. This chapter will also analyze the centre of legal practices of UFOPA, its operation, its importance for the law graduates and eventual difficulties that may occur. In conclusion, we identify the problems on the process of fulfillment of the pedagogical functions of the NPJ/UFOPA, and the ways to improve this process. Some structural changes are suggested such as the adoption of activity groups that incorporate an office that will give free legal assistance, mediation, negotiation and conciliation to vulnerable people. Another idea is to create a laboratory of simulated practices and a centre of legal clinics.
Desconhecido
Os Fundamentos da repercussão geral: as funções dos recursos aos tribunais de cúpula e o descongestionamento do STF
(Universidade Federal do Pará, 2021-12-20) SOUSA, Lizandro Rodrigues de; VAZ, Celso Antônio Coelho; http://lattes.cnpq.br/0547983721448176
It is a thesis that investigates the theoretical and historical foundations that supported the new configuration of diffuse constitutionality control in the STF (Supremo Tribunal Federal), with the institution of the Repercussão Geral (RG). The methodology used required a cadence. In order to identify the foundations for the institution of the RG as a filter of admissibility of the Recurso Extraordinário appeal in Brazil, we deal with each possible foundation in a specific chapter. The first possible foundation considers the role of the vertex courts based on the description of the role of judges and of the top courts, given the current guidelines of conduct. From the observation that the process has evolved, from a means to the realization of subjective rights to an effective protection of rights through fair decisions and/or the promotion of the unity of law, the study analyzes how the process and functions of the vertex courts. Would the RG help the STF to configure itself not as a court of justice, but as a court of precedents? The second possible foundation supposes the recognition that there is a worldwide tendency to solve the phenomenon of congestion of the Vertex Courts by restricting access, in order to build them into true courts of precedents. Would RG be the Brazilian version of this trend? The third possible foundation comes from the finding of the separation of the STF from the court corresponding to the historical and political justification of its conception and the conception of the Recurso Extraordinário itself, of which the RG is a current and special requirement of admissibility. In this sense, from the Constitution of 1891 onwards, the embryonic destination of this resource to sustain the supremacy of the Constitution, the authority, validity and completeness of federal law, the nature and type of Brazilian federation, is evident. Could these scopes be pursued today with the knowledge of only a relevant part of the extraordinary appeals together with the operation of other instruments, such as the actions of concentrated constitutionality control, which did not exist in 1891? The fourth possible foundation is based on the assumptions of the model found in Mitidiero (2015) or Taruffo (2011), which distinguishes the Supreme Courts from the Superior Courts. It states that a constitutional court cannot be seen as the final source of justice in the specific case, but as a court of precedents, and that ways of selecting resources according to criteria related to the general importance of the issues raised is a fundamental requirement for that a vertex court is seen as supreme. Would RG be in line with this model? The study concludes that the RG joins a list of previous attempts, thought or implemented, to overcome the centenary crisis of the Supreme Court. That currently, the RG is inserted in a positive procedural context (repetitive appeals, collective actions...) in favor of the rationalization of the practice of the Brazilian vertex courts. And that the set of grounds exposed gave support to the implementation of the RG as a solution to the STF crisis and as a directing factor of our constitutional court towards an orderly action in pursuit of its nomophylactic, standardizing and paradigmatic functions in the field of constitutional law.
Acesso aberto (Open Access)
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.
Acesso aberto (Open Access)
O Código florestal e a perspectiva amazônica: transformações paradigmáticas desde o agro do negócio para o agro da ecologia
(Universidade Federal do Pará, 2020-12-21) MARTINS, Evilhane Jum; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
This thesis aims to analyze the Amazonian agroecological epistemology as an instrument to the re-reading of the Forest Code through an investigation thatstarts from the developmentalist logic of the agribusiness to the Amazonian agroecological perspective. For that purpose, the research is based on the following problem: what are the limits and possibilities for the production of counter-hegemonic interpretive views about the Forest Code from the Amazonian agroecology as an episteme? In order to answer the research problem, the methodology employed obeys the trinomial: Base Theory/Approach, Procedure, and Technique. AsBase Theory and Approach this research has an epistemological matrix conducted by the systemic complex perspective, which is based on authors with a multidisciplinary view through the connection of areas of knowledgesuch as Political Ecology, Environmental Geopolitics, Sociology, and Environmental Law. The Procedureused is initially supported by the historical method,which in the present case will conduct the studies on the evolution of Forest Code in Brazil, as well as the monographic method. The Technique to beused will be projected in four interconnected moments, which will consist of the preparation of reviews, extended abstracts, data analysis and annotated bibliographies. Regarding the results, it is shown that the Amazonian agroecology as episteme is not onlya possibility, but is effectively a subvention to a paradigmatic transformation from the interpretive outlooks of complex, multidimensional, and counter-hegemonic matrix, about the Forest Code.
Acesso aberto (Open Access)
“Tem que mover uma ação”: mobilização, participação e resistência indígena no processo de licenciamento ambiental da usina hidrelétrica Belo Monte
(Universidade Federal do Pará, 2021-02-22) SOUZA, Estella Libardi de; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048; https://orcid.org/0000-0003-2113-043X
In this thesis, I analyze the mobilization, participation and resistance of the indigenous peoples of the Middle Xingu in the course of the implantation process of the Belo Monte Hydroelectric Plant (HPP), located on the Xingu River, in the municipalities of Altamira, Vitória do Xingu and Brasil Novo, in the state of Pará. I discuss the political action and the resistance of the indigenous peoples to the actions for the implantation of the plant, with the purpose of understanding: how do indigenous peoples act and react in the face of damages and losses to their territories and ways of life, caused by the implantation of Belo Monte HPP? How do they act to deal with violations and violence? What rights are enunciated and claimed in your political struggle? For the development of the thesis, I used qualitative research methods, such as participant observation and interviews, through fieldwork in Altamira/PA, Brasília/DF and in indigenous lands, between July 2015 and February 2017. In the first chapter, I address the historical trajectories of the indigenous peoples of the Middle Xingu, in an attempt to understand the specificities of the different social and historical situations experienced by them. In the second chapter, I examine the political and legal context in which the hydroelectric project on the Xingu River, which gave rise to the Belo Monte HPP, was created, and explore the project's chronology and history. In the third chapter, I discuss the implementation of the Belo Monte HPP, focusing on the environmental licensing of the project and the (im) possibility of participation of indigenous peoples, having as main sources the documents of the process of the indigenous component of environmental licensing, which is being processed at Funai, and that build a state narrative about the implantation of the hydroelectric plant. Finally, in the last chapter, using the narratives of Juruna/Yudjá and Arara people from Volta Grande do Xingu as main sources, I analyze the mobilization and strategies of struggle and resistance of indigenous peoples in the course of the environmental licensing process of the project, whether to do recognize the losses suffered, to “negotiate” with the Brazilian State and Norte Energia the mitigation and compensation measures for impacts, to pressure for the implementation of other measures established as conditions for environmental licenses or to demand actions that guarantee the improvement of their conditions of life, even if not provided for in environmental licenses.
Acesso aberto (Open Access)
Justiça restaurativa: ampliando suas fronteiras para o direito de família
(Universidade Federal do Pará, 2021-09-14) SOARES, Cynthia Fernanda Oliveira; COSTA, Rosalina Moitta Pinto da; http://lattes.cnpq.br/5469957203750291; https://orcid.org/0000-0002-3673-6912
Family conflicts are complex and are growing in scale related to several aspects, such as psychological, behavioral, moral, cultural and economic, leading to the massification of judicialization due to the actors involved not being able to reach a consensual resolution. This fact also generates the possibility of other conducts arising from the absence of this consensus with consequences, including criminal ones. This research aimed to verify the possibility of applicability of Restorative Justice in conflicts of Family Law whether judicial or not, observing its specificities so that the methodological approach could be applied satisfactorily. As a methodology, qualitative empirical research with a hermeneutic focus was chosen. In the phase of restorative justice interventions in concrete cases, the peacebuilding circle method was applied, according to the methodology described by Pranis (2011). First, a bibliographic documentary survey was carried out on restorative justice, family conflicts, restorative practices, projects and legislative policy. Then, the choice of cases for interventions to be carried out, with cases of family conflict that were under the responsibility of the Nucleus of Legal Practice (NPJ) of the Federal University of Pará (UFPA) being selected; the Court of Justice of the State of Pará (TJPA) of Belém, through the 4th and 5th Family Courts; Permanent Nucleus of Consensus Methods for Conflict Resolution (NUPEMEC), and the Judiciary Center for Conflict Resolution and Citizenship (CEJUSC) of the Capital and Ananindeua, totaling 14 interventions. Which followed the following steps: pre-circle, peace-building circle and post circle, when possible. After analyzing the interventions, the results were: five fully restorative cases; four partially restorative cases; and five non-restorative cases. Given the above, it is observed that the resolution of family conflicts through Restorative Justice is fully possible and even recommendable, providing the actors involved with the opportunity to reach a consensual, humanized and democratic solution, based on dialogue and active listening , enabling a safe environment for the discussion of difficult and painful matters that meets the needs of the parties, generating obligations in relation to the damage caused, making them assume their responsibilities.
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.

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