Navegando por Autor "Aguiar, Denison Melo de"

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Abuso de drogas e o sistema de justiça criminal no brasil
(Universidade do Estado do Amazonas, 2020-03-16) Rosa, Fábia Ileanna Gondim; Aguiar, Denison Melo de
ABSTRACT Despite growing evidence that dependence is a treatable brain disease, most individuals do not receive treatment. Involvement in the criminal justice system often results from illegal drug search behavior and participation in illegal activities that reflect, in part, the disruptive behavior resulting from brain changes triggered by repeated drug use. Dealing with drug offenders provides a unique opportunity to reduce substance abuse and reduce associated criminal behavior. Thus, the purpose of this article is to present a literature review about drug abuse and the Brazilian criminal justice system. The research had a qualitative approach of exploratory nature and as far as procedures were concerned, the bibliographic research was used, which made possible to understand better the importance of the proposed subject. It is concluded that the challenge of delivering treatment in a criminal environment requires the cooperation and coordination of two different cultures: the organized criminal justice system to punish the perpetrator and protect society and drug abuse treatment systems organized to assist the dependent individual. Keywords: Drugs; Justice; Treatment.
A atuação do ministério público federal no combate ao desmatamento: a atribuição de responsabilidade civil ambiental através do cruzamento de dados públicos
(Universidade do Estado do Amazonas, 2024-02-07) Costa, Leonardo de Souza; Medina, Marcia Cristina Nery da Fonseca Rocha; Aguiar, Denison Melo de; Sá, Emerson Victor Hugo Costa de
Given the global concern about deforestation in the Amazon region, due to the ecosystem services and climate regulation it provides, environmental civil liability is one of the mechanisms for promoting, conserving, and recovering the environment, however, identifying those responsible for environmental damage is complex and involves several economic, social and logistical factors. The research explores the implementation of the right to an ecologically balanced environment, in the case of deforestation and the fight against it carried out by the Federal Public Ministry within the scope of the Amazônia Protege Project, with an emphasis on the attribution of environmental civil liability assessed through the crossing of georeferenced images of illegal deforestation and public databases.
As consequências sociais, familiares, físicas e psíquicas do dependente de álcool
(Universidade do Estado do Amazonas, 2019-01-10) Costa, Joyce Leão da; Aguiar, Denison Melo de; Souto, Átila de Oliveira
This article deals with alcoholism and the social and environmental consequences of this addiction. Alcohol is a substance that has accompanied man since the earliest times. Always associated with good times, it is consumed freely within homes, at parties and celebrations. Being a licit drug, alcohol begins to be used long before that indicated by the health agencies. The incentives for it to be consumed are quite appealing to young people. The results derived fromsuch abusive use may persist throughout adult life, causing physiological and psychological problems. The family of a dependent suffers the consequences of this addiction together with the alcoholic. Family degradation, job loss, and the sequels caused in the children are some of the consequences of abusive use of alcohol. Dependents are excluded from society and go to the streets, where the livelihood alternative is presented in the collection of solid waste. Public policies appear as attempts to repress the misuse of alcoholic beverages. The general objective of the research was to show the consequences that alcoholism generates socially and environmentally. The methodology used was a qualitative-descriptive bibliographical approach extracted from books, articles and printed and electronic magazines focused on the subject in question. It is concluded that there are many negative consequences of alcohol misuse and abuse, and that social exclusion of alcoholics has implications for the community as a whole. KEYWORDS: alcohol, dependency, social exclusion, solid waste.
Decreto N° 5.641, de 12 de julho de 2023: Um estudo a respeito da participação da Administração Pública indireta em procedimentos arbitrais envolvendo o município de Manaus
(Universidade do Estado do Amazonas, 2024-02-07) Pinto, Bruno Sebastião da Silva; Fernandes, Taís Batista; Torres , Camila Pontes; Aguiar, Denison Melo de
The possibility of using arbitration by the Public Administration is not new to legal practitioners. However, considering that the Public Administration operates based on the principle of legality, it becomes extremely important that this "novelty" becomes part of the positivized law. Respecting state competencies to address the issue, the regulation of the public administration's participation in alternative dispute resolution methods has gradually advanced in the Brazilian state. In Manaus, this possibility was formalized through Decree No. 5,641, dated July 12, 2023. This monograph aims to analyze the mentioned legal framework and provide a better understanding of the normative possibilities outlined therein.
Dependência química: direito ao tratamento e às intervenções terapêuticas
(Universidade do Estado do Amazonas, 2019-01-17) Campelo, Allan; Aguiar, Denison Melo de
Brazil has a considerable population of disorders related to the use of alcohol and other substances, but there are still considerable gaps in access and retention of treatment. This is a chronic medical condition, it is highly comorbid with medical and behavioral health disorders. This indicates the need for more targeted interventions to achieve the integration of health care (one of the main objectives of the Brazilian health system). Care management -that is, the organization of patient care by an institution - is a viable strategy to involve individuals with SUT who can benefit from treatment, but are not aware or donot use available resources, as well as to help maintain patient treatment. Management of care is considered an essential complement to the treatment of chronic diseases. The purpose of this article is to highlight the right to treatment and therapeutic interventions of the chemical dependent. We describe internationally adopted care management models and identify the feasibility and advantages for their adoption in Brazil.
Desafios da efetivação do direito à educação em nível superior das pessoas com transtorno do espectro autista
(Universidade do Estado do Amazonas, 2018-12-03) Silva, Josias Gadelha da; Aguiar, Denison Melo de; Aguiar, Denison Melo de; Silva, Ygor Felipe Távora da; Souza, Gabriele de Souza e
The challenges faced by people with Autistic Spectrum Disorder are analyzed (TEA) in realizing their right to education, specifically at a higher level. such right is fully guaranteed in the Federal Constitution, as well as in the National Protection Policy of the Rights of Persons with Autistic Spectrum Disorder and various norms spread throughout the Brazilian legal system. The research theme focuses on the principles guiding principles of inclusive education and public policies aimed at people with ASD – who are legally equivalent to people with disabilities. The objective of the work is describe the main challenges encountered for the realization of the right to education in terms of admission and permanence in higher education, and also to verify how the inclusion of these people occurs in the infrastructural and pedagogical sectors of the institutions, since, although there is a vast guaranteeing legislation, it is verified in practice, its non-effectiveness. In that In this sense, the broad legislation on the subject applied to the inclusion of people with disabilities is analyzed. TEA in higher education, based on public inclusion policies as a way of realization of the right to education – regarded as a fundamental right by the Federal Constitution.
Do Princípio da Dignidade da Pessoa Humana e o Conhecimento Tradicional Associado ao Manejo Pesqueiro: um estudo de caso na Comunidade Santo Antônio do rio Urubu, no município de Boa Vista do Ramos – Amazonas
(Universidade do Estado do Amazonas, 2011-09-29) Aguiar, Denison Melo de; Camargo , Serguei Aily Franco de; Camargo, Serguei Aily Franco de; Silveira, Edson Damas da; Fraxe, Therezinha de Jesus Pinto
The main objective of this dissertation is the theoretical study of the principle of human dignity and the protection of the traditional knowledge associated with the fisheries management in its interface. In the factual level the fishing agreements at Comunidade Santo Antônio do Rio Urubu in Boa Vista do Ramos in the State of Amazonas, Brazil are examined. The study is justified as follows: a) in the social side - there is a real need for indigenous peoples and traditional communities to participate in the management of the fisheries resources, based in their traditional knowledge and b) on the legal side - the fishing agreements are formal rules, originated from the community uses and customs about the fishing resources, constituting a kind of traditional knowledge protection. The general objective is to analyze the relationship between the principle of human dignity and the traditional knowledge associated to the fisheries management, via a case study of the Fisheries Agreement No. 11, from March 20, 2003 in the community above. In summary, one can conclude that in the foreground, that is necessary to elaborate a principle which corresponds to a collective reality, incorporating the principle of human and community dignity, as well as in designing a principle of human dignity that can be manipulated as information in decision- making and the fisheries agreement, in order that they have effectiveness, efficiency, efficacy on the principle of human and community dignity in the the fisheries agreement. So the interface between them is evident in the ecological dimension of the principle of human dignity, especially when it comes to the fishing agreements as a means of socioenvironmental conflict resolution and traditional knowledge protection related to the fisheries management. Concerned to to above community in factual terms, the relation between principle of human dignity and the traditional knowledge relating fisheries management in this fishing agreement is the formation of a etnoictiological law. Community participation ranged from preparation to implementation, albeit it is necessary their greater participation in terms of the assessment and monitoring of fishing agreements. It is suggested that to have better fiscalization is necessary to training voluntary environmental agents in the community and with stakeholders, in monitoring, articulate alliances with research groups from universities and institutes in the fishing sector. Concerning to the assessment, it must have a better mutual stakeholders monitoring in the preparation of fishing agreements. Therefore, it necessary a better political articulation of the community and the stakeholders in the fishing agreements, as the political articulation is existential, as when they receive dental care and medical assistance and dental group Americans and with the City of Boa Vista Ramos. From all this, the fishing agreements can be an instrument of political communities to be effective, even in part, the principle of human and community dignity through traditional knowledge associated with the fisheries management.
A importância da aplicação dos princípios da proporcionalidade e da dignidade da pessoa humana na sentença judicial que condena ao pagamento de alimentos
(Universidade do Estado do Amazonas, 2018-11-09) Andrade, Alexandre Coimbra de; Lima, Adriana Almeida; Oliveira, Paulo Roberto Farias de; Oliveira, Paulo Roberto Farias de; Aguiar, Denison Melo de
This paper aims to present a study on food as a legal institute to better understand some doctrinal characteristics and classifications in order to make familiar terms used in the field of food law through bibliographical research in the work of renowned civilists. and scientific articles by scholars of the subject. From this knowledge I can now briefly examine the principles of proportionality, presenting theoretical classifications, and the dignity of the human person, as a constitutional principle applied to food law, which information is necessary so that, in combination, To achieve the objective of this work is to verify how the application of such principles can influence the judge, providing guidance to him when fixing foods for low income or more than one offspring, so as not to negatively affect the subsistence. one who owes food and one who is to be fed.
Judicialização da Saúde e a efetivação do Direito Fundamental
(Universidade do Estado do Amazonas, 2018-12-12) Monsores, Ricardo Gomes; Braga, Taís Batista Fernandes; Aguiar, Denison Melo de; Guimarães, Anselmo Cavalcante
This paper aims to demonstrate and conceptualize the right to health as a right fundamental, the historical, social and political context by which passed, as well as identifies the social ills of each epoch. Expose themselves to division of fundamental rights into dimensions or generations, thereby demonstrating form the normative content of each and locating the dimension to which the right to health has been inserted at the international level. At national level we analyze the context history of public health in the country and its evolution to contemporary times, where the Unified Health System is located, how it was implemented and its implementation challenges. With some flaws in the system, we noticed the Health Judicialization phenomenon, being an outlet found by the SUS users / patients for the realization of their right to health. Yet, there are some negative reflexes in this social and legal phenomenon that will be analyzed and as well as procedural aspects of extreme relevance. THE The research methodology used in this work was bibliographic, deductive and qualitative. It is concluded that judicialization is a legitimate social movement and that the Judiciary is not usurping the competence of the other Powers, but judicialization does not extend fundamental rights, it restricts them in to the extent that mostly individual processes need to be of the money that should be passed on to public policies collective health In addition, most court proceedings use the emergency guardian institute to fulfill this requirement if right of extreme social relevance.
Lar é direito! Cartilha de direitos de adolescentes LGBTQIAPN+ expulsos(as) de casa
(Universidade do Estado do Amazonas, 2024-06-13) Pinto, Saulo Góes; Aguiar, Denison Melo de
The booklet discusses the rights of LGBTQIAPN+ teenagers and what they should do if they are expelled.
Liberdade religiosa e Autonomia de vontade
(Universidade do Estado do Amazonas, 2018-12-13) Bezerra, Lisandra Aparecida Pinheiro; Leal, Luziane de Figueiredo Simão; Aguiar, Denison Melo de; Abreu, Daniele Souza de
The Federal Constitution of 1988 brings in its title II, the fundamental rights and guarantees, subdivided into five chapters, among them, the right to religious freedom and the right to life. It is common ground that fundamental rights, as principles, are not absolute in character, and it is therefore necessary, in the event of conflict between them, to weigh one over the other to decide what is most appropriate to the individual. In this case, it cannot be said that one has supremacy over the other. This collision of rights is the object of study of this academic research, especially with regard to cases in which there is a collision between autonomy of will, religious freedom and right to life, a theme that involves refusal to submit to medical-surgical treatment by religious imperative. ; embryonic stem cell research; cloning; euthanasia, to name a few. The methodology used in order to carry out the research in the title, is the bibliographic, with historical and legal focus, aiming through an interdisciplinary analysis to analyze the various nuances that comprise the subject matter.
Natureza jurídica dos recursos vertidos nas entidades fechadas de Previdência Complementar tomando como base a estrutura fiscalizatória e a forma de retirada
(Universidade do Estado do Amazonas, 2018-12-14) Leite, Saymon Cesar de Azevedo Ferreira; Braga, Taís Batista Fernandes; Aguiar, Denison Melo de; Távora, Ygor
With the theme “Legal Nature of Resources Reverted in Closed Supplementary Pension Entities”, this paper aims to address how to Supplementary Pension, especially regarding closed. In this regard, a priori a brief survey will be made on the historical aspects of Social Security in general and its aspects, after the study continues, but giving more visibility to the distinctions between the Pension be it Private, Complementary or Supplementary, this time which will result in the last point where we sought to investigate the legal nature of the appeals perceived to be and how the courts have been interpreting such a possibility.
Os precedentes e a viabilidade de sua aplicação no ordenamento processual brasileiro
(Universidade do Estado do Amazonas, 2018-11-12) Melo, Luiz Eduardo da Silva; Rosa e Silva, Túlio Macedo; Aguiar, Denison Melo de; Albuquerque, Ricardo Tavares de
The paper aims to make a brief historical review of civil law and common law, with emphasis on stare decisis, its evolutionary aspects and theoretical analysis of the role of the precedent institute in the Brazilian legal system, from its earliest influences on constitutional law to its great recognition, this occurring within the law 13.105 of March 16, 2015, the current Code of Civil Procedure. Following the brief historical analysis of the traditions, we will conceptualize the precedent institute and highlight the peculiarities of its use in current Brazilian law, listing and substantiating its positive aspects and justifying its application in the face of the main arguments against its use. Finally, clarification and justification, according to the current Code of Civil Procedure, will be made of the two devices of overruling and distinguishing. After this historical and functional analysis, it is concluded that the two aforementioned removal devices help the use of the precedents, giving dynamism to the device, which makes its positive application in the Brazilian legal system.
Reforma Tributária: Os impactos da CBS instituída pela Emenda Constitucional n° 132/2023 sobre a Zona Franca de Manaus
(Universidade do Estado do Amazonas, 2024-02-20) Ferreira, Paula Queiroz; Rocha , Paulo Victor Vieira da; Aguiar, Denison Melo de; Alves, Mércia Nogueira Monteiro
This article intends to analyze the repercussion of the new tax provided for in art. 195, V, of the Federal Constitution, the Social Contribution on Goods and Services (CBS) on activities relevant to the Free Economic Zone of Manaus (ZFM), which was included by Constitutional Amendment 132/2023, and replaces the Social Integration Program (PIS), the Contribution for Social Security Financing (COFINS) and the Tax on Industrialized Products (IPI). The objective is to verify the impacts of the new tax on ZFM, focusing on the guarantees arising from EC 132/2023, thus seeking to verify the maintenance of the competitiveness of its products. During the development of the work, legal texts pertinent to the topic were examined, as well as relevant articles, using descriptive and qualitative research, in order to conclude that there is still no data that accurately determines all the repercussions of the incidence of CBS in the ZFM, however, even with the institution of the Tax Reform, some advantages relating to the ZFM will be maintained.
Os resíduos sólidos na sustentação da família de um usuário de crack: uma questão social e ambiental
(Universidade do Estado do Amazonas, 2019-01-10) Ribas, Ana Leila Gazel; Aguiar, Denison Melo de; Souto, Átila de Oliveira
The present study addresses the environmental and social impact caused by solid waste capitation from crack users. The use of psychoactive substances has been following humanity for millennia. In the nineteenth and twentieth centuries its use was no longer ritualistic as it took other paths. Drug use has increased exponentially. Heavy drug addiction has harmful consequences for users. Social exclusion and family neglect are constant in the lives of crack addicts, causing many to die on the streets. In recycling materials, they find a way to support themselves, their family and their addiction. It is important to understand the importance of recycling to the environment. However, the damages of this type of trade come from the way it is done. Locations full of garbage, with a high level of unhealthiness make the urban centers, where drug consumption and sales are located, deteriorate rapidly and continuously. Social loss can also be noticed. People stop going to these places, causing commerce to go bankrupt. The general objective of the research is to show that the use of crack damages the environment and society. The methodology used was a qualitative-descriptive bibliographical approach extracted from books, articles and printed and electronic magazines focused on the subject in question. It is concluded that public anti-drug policies are ineffective and cannot end crack trafficking and consumption in urban centers. KEYWORDS: solid waste, crack, drugs, environment.
Transporte aéreo interestadual de animais domésticos: análise do bem- estar animal na perspectiva da família multiespécie
(Universidade do Estado do Amazonas, 2023-02-15) Tapia, Aisha Leandra Cornelio; Aguiar, Denison Melo de
The interstate air transport of domestic animals may have animal welfare as a legal basis when dealing with a multispecies family. This research has the basic objective of investigating the current legislation on the air transport of domestic animals, as well as delimiting the need for legislation relevant to the minimum criteria for the protection of animal welfare and the prospecting of the multispecies family. The treatment of the domestic animal by the human being and by the airlines will be identified. In this scenario, it enters into the study of bills and jurisprudence around the theme. The methodology developed is qualitative bibliographic based on academic studies, on legislation and on the analysis of jurisprudence, with a descriptive-deductive content. In short, there was legislative inertia with regard to the social desire to monitor the welfare of domestic animals in general.
O uso de drogas e a saúde mental do trabalhador
(Universidade do Estado do Amazonas, 2019-01-17) Sampaio Júnior, Adonias da Silva; Aguiar, Denison Melo de
The use of drugs is a public health problem of great social concern, affecting several dimensions of the individual, a mong them the work. Considering this scenario, the objective of the article is to present the relationship between drugs and mental health of the worker and to identify the impact generated in the employee and in the organizations. The bibliographical research was used to access the theoretical refe rences published with the subject in question. Drugs appear as a risk factor for the worker's withdrawa l fro m their work environment affect ing mental hea lth. The data on the causes of workers' withdrawa l revea l that preventive actions should be taken by companies to minimize the psychosocial risks involved in drug abuse.