Navegando por Autor "Feitoza, Paulo Fernando de Britto"

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Arrecadação de bem vago como instrumento urbanístico eficaz na proteção do patrimônio histórico – cultural do município de Manaus.
(Universidade do Estado do Amazonas, 2016-06-30) Carvalho, Ellen Larissa Frota De; Feitoza, Paulo Fernando; Feitoza, Paulo Fernando de Britto; Mota, Nazareth da Penha Vasques; Ramos Filho, Carlos Alberto de Moraes
The Legal Relevance of Cultural Heritage came with a adoption unitary and systemic conception of the Constitution of 1988 entered cultural right in the role of environmental. Faced with this importance, the study aims to analyze a new and protection form in cultural through civil institute vague collection, derives from "abandonment", property loss mode, the article 1275, III and 1.276 are Civil Code. With so, work will talk about property law, since any action directed to the good of historical and cultural value preservation interfere directly in this law conforms it to reason with a social function of property. Also, as studied issues on administrative supervision of cultural heritage, as well as the protection of constitutional instruments to brazilian cultural heritage. However, raises the possibility of well abandoned storage as another form of protection. The dissertation method and deductive and data collection technique and the bibliographical research.
Consciência ambiental como instrumento de efetivação da dignidade humana no sistema prisional
(Universidade do Estado do Amazonas, 2017-02-17) Caetano, Eduardo Paixão; Feitoza, Paulo Fernando de Britto; Feitoza, Paulo Fernando de Britto; Braga, Mauro Augusto Ponce de Leão; Ramos, Jucelem Guimarães Belchior
The Brazilian prison system lives in inhuman and precarious conditions, with increasing overcrowding, which shows that the values of environmental law are far from being respected. It is also true affront to the dignity of the human person and this can be faced by Environmental Law with quick and viable solutions. It is not enough just to build new prisons, there is a need to go further, changing the conduct inside prisons, guaranteeing the prisoner a favorable environment, as guaranteed by law. Thus, these lines propose a systematic analysis of the prison environment in Brazil and the improvement in the treatment of the victims, allowing their full resocialization in a sustainable and adequate environment, even considering the effective privatization of the ruined public prisons, since the only thing That man loses when he is condemned is freedom, but never his dignity as a human being. The methodology used is the study of the current legislation, texts of the internet and, in addition, are used as source of research doctrines that deal with Environmental Law and its specific principles, as well as judged, whose decisions are based on them. Keywords: Human dignity, Overcrowding, Privatization, Minimal living floor.
A cultura das águas na Amazônia
(Universidade do Estado do Amazonas, 2019-01-17) Feitoza, Paulo Fernando de Britto
This composition aims to bring a cultural notion from being and living of the riverine. People that live near rivers or on the river board and cohabit with the Amazon Hydrographic region. For these reasons they develop skills and compatible utilities with aquatic world that surrounds them. At the same time, they are stimulated by imagination, producing a legendary tradition with that emerge from the waters and mix with people or exterminate them. Life like this, from the man of Amazon river's hydrographic bay, in a very peculiar way, with the follow approach, wherefore will be evaluated the region's landscape, with the possibility of constructing a Brazilian cultural landscape.
Dano moral ambiental coletivo na sociedade de risco: estudo sobre a instalação de uma empresa de agronegócio no município de Santarém- Pará
(Universidade do Estado do Amazonas, 2016-03-10) Pinto, Celciane Malcher; Braga, Mauro Augusto Ponce de Leão; Braga, Mauro Augusto Ponce de Leão; Feitoza, Paulo Fernando de Britto; Silva, Miguel Ângelo da
Before the environmental crisis scenario there is the theory of Ulrich Beck venturecompany dealing with brand new environmental risks characterized by being unpredictable and uncontrollable resulting from the current model of modernity which, in turn, requires new thinking about science and Own environmental law as to their role in this society. In this context, the present study aims to investigate the recognition of off-balance sheet damage (moral) collective environment is a civilian accountability mechanism adapted to the profile of new risks, since repair is in accordance with the principle of full repairability. We adopted the method of deductive approach using case study and as indirect documentation to literature through books, journals and virtual vehicles related to the theme and the Civil Public Inquiry organized by the MPF on the case study. For this, initially the research, pursuing a multidisciplinary approach, presents the contours of qualifying company at risk in Ulrich Beck's vision and discusses the challenges of environmental law at thisjuncture. This study also presents some considerations relating to liability, the study of environmental damage and new paradigms of environmental liability. Then, far-there will be a doctrinal analysis, case law and legislation the Supreme Court on the environmental collective moral damage which currently judged fully admit their occurrence before accepted only in relation to individual moral aspect. For this study is taken against the backdrop of the possible occurrence of such damage mode for setting up and Cargill's activities in Santarém-PA, a situation that caused various environmental problems particularly regarding the degradation of cultural heritage with the suppression of beach Vera Paz and ground the archaeological site Tapajó, bringing with it the loss of the population's quality of life. Thus, it is concluded that a new hermeneutics which brings together environmental principles and allows for accountability for collective environmental moral damage there is the addition of new instrument in the search for adaptation to the new profile of environmental risks through an ever repair more integral.
Diversidade biológica: regulamentação jurídica do patrimônio genético
(Universidade do Estado do Amazonas, 2015-06-30) Cordeiro, Idelcleide Rodrigues Lima; Feitoza, Paulo Fernando de Britto; Feitoza, Paulo Fernando de Britto; Mota, Maria Nazareth da Penha Vasques; Lazzari, Márcia Cristina
Concern for the defense of biodiversity has been growing in recent years due to the progress of life sciences, especially in the areas of genetic engineering, molecular biology and modern biotechnology. This dissertation, whose theme biological diversity, the legal regulation of genetic resources and associated traditional knowledge, addresses the importance of preserving biodiversity, aiming to demonstrate the need to create efficient legal instruments for their protection. It adopted the method of deductive approach using the indirect documentation and literature through books, journals and virtual vehicles related to the topic. Initially, the study presents the key issues of biodiversity, discussing the evolution of this concept, as well as the genetic heritage of notions and associated traditional knowledge. It demonstrates the potential of biodiversity in Megadiverse Countries. Addresses the relationship of biodiversity with biotechnology and biopiracy, highlighting the cases of global impact and the factors that encourage biopiracy. It discusses the importance of traditional communities as environmental preservation factor. Then deals with the legal protection of biodiversity, analyzing the UN's role in environmental protection, environmental principles and national legal instruments of access to genetic resources and associated traditional knowledge. The research highlights the prospects for the development of the Brazilian Amazon from the exploitation of their genetic heritage, demonstrating the need to seek a balance between economic use of components of biodiversity, so pace and such that do not lead to depletion of natural resources while maintaining the potential to meet the aspirations of present and future generations, highlighting the urgent need to reconcile the conservation of the immense potential for natural resources in the Amazon with the consolidation of a sustainable development policy and effective legislation. Finally, defines the regulatory power under administrative law, has a regulatory proposal Protection Act of genetic resources and associated traditional knowledge of Acre, in order to ensure faithful implementation of Acre law and contribute to reducing the undue access Natural products. Thus, it appears that Amazon should be protected for its importance in the national context, protecting the Brazilian State of improper of their genetic heritage and associated traditional knowledge appropriation.
Do necessário diálogo entre direito eleitoral e direito ambiental para redução da poluição do meio ambiente durante o período de propaganda eleitoral: caso do Tribunal Regional Eleitoral do Amazonas
(Universidade do Estado do Amazonas, 2015-03-30) Anjos, Marcela Cristina Gomes Dos; Mota, Maria Nazareth da Penha Vasques; Mota, Maria Nazareth da Penha Vasques; Cabral, Silvana Nobre de Lima; Feitoza, Paulo Fernando de Britto
The State has been evolving in search of better serve the interests of its citizens. After several "phases", the Democratic State brings on the one hand, the right of citizens to information so they can better choose their candidates; on the other hand, the right to live in an ecologically balanced environment, guaranteed by art. 225 of the Federal Constitution of 1988. With the object of study the Electoral Court, this paper demonstrates the effects that the electoral process causes to the environment. In addition to the consumption of natural resources along the daily activities, presents the environmental impacts of electoral propaganda. These impacts are so strong that during the election period is clear the conflict between the right to an ecologically balanced environment and the right to canvass, embodied in the binomial - Right to Freedom of Expression and Information. The solution to this apparent conflict involves the harmonization of these two rights. For last, a study of the performance of the Regional Electoral Court of Amazonas in favor of sustainability in the electoral process was conducted, having noticed that the activities developed by TRE-AM in favor of the environment deserve more attention. In this sense, some suggestions are presented in a purposeful bias.
A Gestão Sistêmica das Águas no Brasil: desafios e perspectivas
(Universidade do Estado do Amazonas, 2011-11-30) Caldeira, Daniela Helena Brandão; Silva, Solange Teles da; Silva, Solange Teles da; Feitoza, Paulo Fernando de Britto; Piedade, Maria Teresa Fernandez
The conservation of the water resources on the planet depends on water management models consider among other things, the relationships that occur in nature. These relationships that characterize each ecosystem are responsible for essential ecological processes, especially in the field of water especially the influence of these relationships in the different phases of the hydrological cycle. Establish mechanisms for legal protection to consider the hydrologic cycle as the unit is critical to the development of an adequate water resource policy, and establish a management model that overcomes the traditional model in which human needs are placed in the foreground, and results in many cases, do not generate effective conservation of water resources. These issues are examined in this work, and emphasized the need to consider the relationship of water with other natural resources such as forests and other forms of vegetation. The research, using the deductive method, with analysis of scientific studies, standards, case law and doctrine, focused on the importance of a systemic management of water resources, especially in Brazil, a country in which the existence of the Amazon rainforest has a role instrumental in rainfall patterns and therefore the hydrological cycle. The text starts with a brief background to the availability of water on the planet, giving the ways to manage these resources. The paper discusses the mechanisms of management and emphasizes the importance of the relationships in nature to maintain ecosystems in Brazil, especially the Amazon biome. Seeking alternatives for improvement, were identified models of water management options that are in the search for value these relationships, ie, we analyzed models that adopt a systemic approach in water management. It was emphasized also the need to implement this logic in the National Water Resources in Brazil, emphasizing the relationship between water and ecosystems for effective protection of water resources in Brazil. Finally, and after consideration of the systemic view in law, have been identified ways to interpret the rules and points of change in legal texts so as to achieve an effective systemic management of water in the country.
Patrimônio cultural imaterial - Tutela jurídica e administrativa
(Universidade do Estado do Amazonas, 2017-01-13) Silva, Andréa Cláudia Sales; Feitoza, Paulo Fernando de Britto
The legal relevance of intangible cultural heritage came with the adoption of a unitary and systemic conception of the Federal Constitution of 1988, which inserted in art. 216, the cultural good in the role of environmental goods. In view of this importance, the present study intends to analyze the protection of intangible cultural heritage, in order to verify its preservation, as well as its respective tutelage, seeking to verify the difficulties for the preservation of the National Intangible Cultural Heritage. With this, the work will discuss the extent to which the Brazilian legislation for the protection of intangible cultural heritage is effective in protecting these assets. For this, an analysis was made of some institutes for the protection of cultural heritage and environmental law. Also will be studied the issues related to the administrative tutelage of the Brazilian cultural heritage, as well as the constitutional instruments of protection to the Brazilian cultural patrimony. Considering the objectives of the research, the method of deductive approach was adopted, using indirect documentation and bibliographic research through books, periodicals, articles, and virtual vehicles related to the theme. Keywords: Preservation. Intangible cultural heritage. Legal protection.
Principais obstáculos no combate aos crimes ambientais no rio Javari, na fronteira entre Brasil e Peru
(Universidade do Estado do Amazonas, 2016-03-28) Marinho, Bruno Costa; Silva Filho, Erivaldo Cavalcanti e; Silva Filho, Erivaldo Cavalcanti e; Feitoza, Paulo Fernando de Britto; Gomes, Sebastião Marcelice
The purpose of this work is to present the main existing obstacles in combating against environmental crime at the border between Brazil and Peru, bounded by the Javari River and the region around it.To better understand theimportance of the region, it was initiallystudiedtheAmazonfeatures, which includes the mentionedborder, with the main existingresources, materialand immaterialorder.And then were presented environmental crimes established in the Environmental Crimes Law and was analyzed how they occur in the area.After that, was studied the power of environmental police, showing the federal and state entities that have such competence and how they make present in the region.Finally, the specific features of the Javari River and the main obstacles faced by those who have legal obligation to combat environmental crimes at the border which is bounded by that river were analyzed.
A proteção jurídica do patrimônio cultural diante das novas formas de conflitos armados
(Universidade do Estado do Amazonas, 2015-06-19) Almeida, Pedro de Paula Lopes; Feitoza, Paulo Fernando de Britto; Feitoza, Paulo Fernando de Britto; Braga, Mauro Augusto Ponce de Leão; Menezes, Vitor Hugo Mota de
This study seeks to analyse the protection of cultural property towards new forms of armed conflicts. The research focuses, on the one hand, on the ethnographic and historic elements of culture and, on the other hand, on the legal features of that kind of protection. Therewith, the first Chapter seeks to demonstrate the extent to which a certain group‘s cultural features and its differences in comparison to others humans groups features‘ are related to the sparking of armed conflicts. This dissertation, although not having gathered primary data, is based upon several ethnographical studies, paving the way in order to build up a historical approach on the threatens armed conflicts pose over cultural heritage. In chapter one, general features of contemporary armed conflicts are described and compared to its standards from the first half of the 20TH Century. Some distinctions are also stated between armed conflicts and other phenomena that do not fit into the definition of armed conflicts to this work‘s scope. The crisis of the combatant status is also examined in chapter one. Chapter two is more dogmatically founded and concerns to the analyse of the international legislation related to the protection of cultural heritage in case of armed conflict, particularly the 1954 Hague Convention and its two additional protocols. Chapter three focus on the crime of genocide and the destruction of cultural property that follows it. The centrality oh the human being is one of its distinctive points. Finally, chapter four deals with the criminal consequences arising from the acts of destruction of cultural heritage and the relevance of the effectiveness of the international criminal law in order to dissuade people from practising acts such as that of the of the destruction of cultural property.
A responsabilidade civil do estado em face dos depósitos irregulares de resíduos sólidos no Estado do Amazonas
(Universidade do Estado do Amazonas, 2016-06-27) Santos, Silvia Helena Antunes Dos; Melo, Sandro Nahmias; Melo, Sandro Nahmias; Feitoza, Paulo Fernando de Britto; Marques, José Roque Nunes
The epicenter of the search reside in civil Research About State responsibility in face of irregulars Deposits of Solid Waste. Address - will be appreciated the dilemma of Production and solid waste disposal, tracing hum analytical diagnosis of the situation of the Municipal Solid Waste Management in the Amazonian capital, investigating the path traversed hair from Waste Your Descartes Up to a destination, final landfill OS, the que this measure dynamics and the cause of the search problem, the maintenance of landfills toilets, IN Being a consequence, as State measures and private Implementation of opened Guidelines For Law que establishing the National Policy on Solid Waste, and how laws State entailed BY configure the Power - Duty, investigating how environmental impacts resulting possibilities to Political treatment's Issues, paragraph At the end of the TREAT State responsibility in face of legal obligations.