Navegando por Autor "Lima, Neuton Alves de"

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Combatendo a grilagem no Amazonas através dos projetos de desenvolvimento sustentável
(Universidade do Estado do Amazonas, 2019-01-17) Nogueira Junior, Bianor Saraiva; Lima, Neuton Alves de
This article analyzes the practice of public land grabbing and shows the negative repercussions that it causes for the agrarian reform policy and the environment, focusing on the reality of the state of Amazonas, which adds almost half a million hectares in the hands of grileiros. It demonstrates how gratification has historically constituted itself in Brazil, punctuating other social consequences, such as violence in the countryside, the expulsion of small squatters, indigenous people and traditional communities. It also investigates that the main reason for the phenomenon of deforestation in the Amazon rainforest is the activities related to illegal logging, which transform the areas into pasture for cattle raising. As a proposal, the research indicates that the efficient implementation of an agricultural policy through the Settlements in the model of Sustainable Development Project is one of the most effective measures to combat illegal grilagem in Amazonas. In addition, the activities carried out in the PDS generate low impact to the environment and allow the beneficiary families to explore their work in the prism of environmental sustainability. The research establishes an interdisciplinary dialogue between Agrarian Law and Environmental Law, since the themes explored are placed within these legal disciplines.
O direito à privacidade, autodeterminação informativa e proteção de dados pessoais: o contexto da Lei 13709/2018
(Universidade do Estado do Amazonas, 2018-12-14) Melo, Jonas Santos de; Lima, Neuton Alves de; Nascimento, Antonio Gelson de Oliveira; Iannuzzi, Adriana Moutinho Magalhães
The internet collects and processes data all the time and is indispensable today for the various sectors of society. However, misuse of data, above all personal data, by companies and organizations on the world wide web, has led some countries to create standards to protect this data and control risks to violation of privacy. In Brazil, debated for eight years in Congress, the recently sanctioned General Law on Personal Data Protection, which amends the Internet Civil Framework, follows this standardize the treatment of the above qualified data, which are collected by public and private sector companies, especially in the interconnected digital environment. What adjustments and outcomes are expected by LGPD in society and in the sectors dealing with digital personal data? This work intends to explore, in a condensed way, the concepts of privacy and informational self-determination in building the right to data protection personal. Considering that the study of the theme about the term “personal data protection” is current and still incipient in the Brazilian legal environment, this work seeks to conceptualize term and portray the international data protection landscape. It also seeks to analyze the Data Protection Act - LGPD, its application, objectives and impacts it hopes to achieve in society and in the data processing sectors in Brazil. It was adopted for the development of the work the descriptive research methodology, with theoretical survey obtained in books, articles and other publications on the subject. It was found that companies and governments will need urgency in the implementation of what is established in the new law, which comes into force in the year 2020, a priori in the review of security policies, review of contracts and preparation of Privacy Impact Report. Finally, it was concluded that it is A broad academic and society-wide debate on significantly affect the way procedures for collection and processing of systematized personal data.
Direito fundamental à educação: a inclusão escolar da pessoa com deficiência
(Universidade do Estado do Amazonas, 2019-02-07) Neves, Luciano Oliveira Azevedo; Braga, Taís Batista Fernandes; Lima, Neuton Alves de; Feitoza, Antonio Lucas
The present study aims to verify the barriers to the inclusion of students with disabilities in the regular education system and, consequently, to the realization of their fundamental right to education, through the analysis of the social reality of Brazilian legislation against the protective legislative framework on the theme. To this end, we analyze the historical course of educational provision for people with disabilities, addressing the first educational experiences developed, the institutionalization, the emergence of schools and special classes, the proposals for school integration and, finally, the concept of inclusive education. educational model that seeks to achieve effectively today. Also, the legislation on the right to education of people with disabilities is presented, from the first Brazilian Constitution to the Statute of the Disabled, enacted in 2015, exposing the main social, material, pedagogical and financial barriers found in schools, that lead to the ineffectiveness of Brazilian law. The method of approach adopted is the deductive and the monographic procedure, with the use of documentary and bibliographical research.
A dupla incidência do IPI sobre produtos estrangeiros e o GATT
(Universidade do Estado do Amazonas, 2018-11-30) Pimentel, Davi Macêdo; Rocha, Paulo Victor Vieira da; Dias, André Petzhold; Lima, Neuton Alves de
Brazil is a signatory to a multilateral international trade treaty General Agreement of Tariffs and Trade Tariffs and Trade), the GATT. Such agreement seeks to promote trade international trade and reduce tariff and non-tariff trade barriers between its contracting. The relevance of the agreement stems from the constant commercial expansion that entails major problems such as dumping. The fundamental feature of the treaty is non-discrimination between domestic and foreign products, so that the growth of each country be respected. Such a principle is disregarded when the distinction made by the differentiated incidence of the tax on industrialized products in the national and foreigners. The violation comes from the case law of the Superior Court of Justice itself, manifested by the double incidence of tax in the case of establishments import foreign manufactured products and resell them since, according to the Court's understanding, the IPI has in art. 46 of CTN a cumulative list of hypotheses of incidence. The differentiation will be made from the analysis of jurisprudential construction STJ, the historical change in the IPI and a comparison of the current application of the with the parameters and principles observed in the body of GATT by the STJ's own understanding.
Estudo da constitucionalidade da lei nº 3.278 de 21 de julho de 2008 em relação à polícia militar do Amazonas
(Universidade do Estado do Amazonas, 2017-06-08) Góes, Alcimar Alves; Lima, Neuton Alves de
Laws govern the lives of people since the man began to feel the need to control life in society. In this legal context, Law 3.278, of July 21, 2008, in the state legal order, unified previously foreseen procedures for the Military Police of the State of Amazonas by Specific Law, being foreseen now in a general law that placed the organs of the system of public security under the regency of the same correctional organ and directed by a military or civilian. Therefore, arrises the interest in conducting a study on the law 3,278 / 08, in order to understand it and make it possible to make a concrete statement regarding its constitutionality or unconstitutionality. The problem questioned by this article is: Is law 3,278 of June 21, 2008 constitutional? To solve this question, a qualitative methodology is applied, with bibliographical and documentary analysis. After observations, it is concluded that there is a partial unconstitutionality, for offense the Supreme Charter, which determines that specific law will regulate the matters described in it, referring to the state military, and should exclude the expression "military" from the text of Law 3.278 of July 21, 2008. Keywords: constitution constitutionality, unconstitutionality, laws.
Limites ao direito constitucional à imagem sob a ótica da veiculação de fotografias em matérias jornalísticas policiais
(Universidade do Estado do Amazonas, 2020-03-08) Lobo, Edvanildo da Cunha; Lima, Neuton Alves de
Abstract: This article deals with the limitations imposed by Brazilian legislation on the publication of images-portraits of people in police reports in daily journalistic journals. It aims to analyze the restrictions established by the national legal system, under the prism of the Federal Constitution, to the use of photographic images of human beings in the printed police news. They are writings that suggest exams within the scope of the Major Law and its reflexes in the field of Civil Law. The methodology used in the present study was that of bibliographic research, supported by books and websites, from which, from the latter, legal articles and judicial decisions of the second and higher courts were examined. In addition to definitions of the right to the image, its modalities and legislative apparatus, the work under consideration enters the sphere of conflict resolution between fundamental rights, as well as incoherence of an infraconstitutional rule, based on specific cases. The final result ofthe research is revealed as a contribution to a greater awareness of the press professionals about the importance and care that must be taken with the correct use of the image, striving for ethics and the quality of the product made available to the public - reader, since it was found that the excess on the part of these communication workers in the use of portrait images becomes, in reality, an illegal act, when it goes against constitutional foundations and principles. Evidently, the article is also extremely useful for law enforcement officers, people who deal with the human image and ordinary citizens interested in the topic. Keywords: Right to Photographic Image. Right to Information. Damage to the Image. Police Journalistic Articles.
O neo Direito Privado Administrativo ante a atuação da Administração Pública com o setor Privado
(Universidade do Estado do Amazonas, 2018-11-29) Holanda, Karinna da Costa Sabino; Ribeiro, Gláucia Maria Araújo; Braga, Taís Batista Fernandes; Lima, Neuton Alves de
This is an analysis of the evolution of Brazilian Administrative Law focusing on the current managerial administrative model that allowed greater openness to the increasing use of private law instruments. The theme itself is from of great relevance, since the decisions emanating from the State are of collective interest in what concerns partnerships with the private body for the delivery of public services with a view to that the state is unable to meet all the demands of which it is responsible. THE The approach chosen is historiographic, doctrinal and legal, with the purpose of specifying the evolution, concepts and boundaries known peacefully by the doctrine and laws revolving around the institutes in question. The result of this study showed that there are various hypotheses in which the Administration may act under the private law regime, since uses both its own institutes of public law and its own institutes of private law, due to the construction of the administrative law that occurred through the direct transposition of institutes of civil law, intensified by the Management phase that the Public Administration currently experiencing and the process of diffusion of administrative law. It's fundamental understand the evolution of Administrative Law and note that the authoritarian view that divided and separated the public from the private is no longer stiffened, on the contrary, it is ventilated according to need for public administration by private law institutes.