Nova Hileia - Artigos de Periódicos

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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.
As dificuldades do sistema prisional e a ressocialização do apenado no Estado do Amazonas
(Universidade do Estado do Amazonas, 2018-12-18) Santos, Wener Vieira dos; Bo, Franciney Machado
ABSTRACT: The purpose of this article is to stimulate studies and questioning related to the prison system in the State of Amazonas. To do so, an historical analysis of incarceration in Brazil and related legislation was made, in order to allow the examination of the current scenario of incarceration, of the conditions for punishment compliance and the repercussion it brings to the person convicted and to their process of social reinsertion. Based on the analyzed data, it was possible to draw a sociodemographic profile of the Amazonas population predominantly imprisoned and the number of people under State custody, which enabled to conclude that the phenomena of “criminalization of poverty” and state of unconstitutional things are present. Beyond that, the statistics enabled the identification of the main challenges for the State of Amazonas in the context of resocialization of imprisoned people. Keywords: Prison System. State of Amazonas. Society. Social reinsertion.
Uma análise da atuação dos oficiais da polícia militar do Amazonas como juízes militares estaduais
(Universidade do Estado do Amazonas, 2018-12-18) Coelho, William Veras; Zogahib, André Luiz Nunes
ABSTRACT: The role of the Military Police officer as a military judge in the state military justice system is of fundamental importance in protecting democratic institutions, as well as in the respect and observance of the hierarchy and discipline, values and basic principles of military institutions. must direct any and all military police activity, since they are primarily responsible for the defense of law and democratic order. Its purpose is to evaluate if the officers of the Military Police of Amazonas are properly qualified or prepared for the exercise of the function of military judge, if there were at any time, during their formation, in the Training Course of Officers, some specific discipline to assist them in this activity, which will judge the state military, in an absolutionary or condemnatory, that is, it will be decided for the preservation of freedom or its restriction, in cases of military crimes at the state level. KEYWORDS: Military justice, military judge, military police officer.
O emprego preventivo do ronda escolar como modalidade de policiamento comunitário1
(Universidade do Estado do Amazonas, 2018-12-18) Silva, Wagner Rodrigues da; Zogahib, André Luiz Nunes
ABSTRACT: in Brazil, since there is an evolution from the traditional to the community, effecting the Public Security Policies. The present work has the objective of analyzing the influence of the School Round to reduce violence in schools, influencing in a positive way the formation of the citizen. The research will be in the qualitative approach, the technical procedures used will be of the type bibliographic research, with the purpose of gathering information to analyze the various positions about the research problem. Brazil is a country with continental territorial dimensions and each region requires a differentiated treatment in the actions carried out by the police, since the challenge requires individual and collective actions and the implementation of public policies not only of public security, but, integrated and continuous, that meet the demands imposed by the incidence of crimes in schools and around them, in addition to broadening the vision of children and young people in relation to the future as a citizen inserted in a social context, through the inclusion of lectures aimed at civics, combating drugs, identification of domestic violence and bullying. KEYWORDS: Community Policing. Public policy. Schools. School Round.
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.
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.
Responsabilidade civil do empregador: teorizando com as possibilidades constitucionais
(Universidade do Estado do Amazonas, 2019-01-16) Feliciano, Guilherme Guimarães
This article aims to highlight the applicability of subjective or objective civil liability of the employer, depending on the violation of the subjective rights of employees in relation to the employer's obligation to maintain a balanced working environment. In order to do so, it will seek to interpret the constitutional norms directed to the working environment in order to show how, in what situations and under what conditions, the objective liability of the employer may occur. The research method is the legal theory and the research technique used was the bibliographical one.
O acidente ambiental trabalhista e a responsabilidade Civil objetiva agravada do empregador
(Universidade do Estado do Amazonas, 2019-01-16) Molina, André Araújo
With the validity of the Federal Constitution of 1988, providing in its art. 7, XXVIII, the right to indemnity for an accident at work, by the employer who is guilty or guilty, opened a heated debate about the compatibility of the modalities of objective civil liability with occupational accidents, insofar as the rule require s the subjective requirement of fraud or guilt. The decanted position was that the provisions of art. 7 ° constitute a minimum level of rights, and ordinary legislation may establish a broader range of protection for workers, since the caput of this article guarantees them the rights established in the paragraphs, as well as others that seek to improve their social condition. Once this obstacle was overcome, the discussion began to be about the limits of the coexistence of objective responsibility with the general rule of subjective responsibility, especially the correct identification of the accidental relationships in which each of the formulas has incidence. In this context, the article aims to specify the various microsystems of civil liability in labor relations, focusing on the study of civil liability of the employer in cases of environmental accidents.
Meio ambiente e teletrabalho na reforma trabalhista (lei nº 13.467/2017): disponibilidade, controle e saúde do trabalhador
(Universidade do Estado do Amazonas, 2019-01-16) Porto, Noemia; Lourenço Filho, Ricardo
The new legal discipline of telework, inserted in the CLT by L. n. 13.467/2017, poses several issues, among them, the observance of health and safety standards at work and the limitation of working hours. Constitutional protection of the environment, including work, is fundamental to address these issues. The purpose of this article is to reflect on the normative scope of the guarantee provided, in the Democratic State under the Rule of Law, to the labour environment, with special concern to the problems presented by the teleworking regime. For this, it is necessary to situate telework in the current context of the new forms ofcapital production. In the end, the article concludes that the potential extension of the directive power of the employer and the subordination of the employee, due to the use of technological means of control of productivity and availability, cannot be dissociated form protection to the labour environment, concerning the health of the worker.
Sistemática de tutela específica do direito ambiental do trabalho
(Universidade do Estado do Amazonas, 2019-01-16) Justiniano, Jeibson dos Santos
The proposed study in this paper focuses on the analysis of some of the main instruments and environmental management agencies that exist to promote the protection of health and the worker`s life, under the logic of prevention and precaution of risks and accidents at work. In this attempt the main objective of the research was to present a systematic of specific protection of the environmental right of the work. The specific objectives, in turn, focused on verifying how the prior inspection and interdiction works; the Program for the Prevention of Environmental Risks - PPRA; the Occupational Health Medical Control Program (PCMSO), in addition to analyzing the Specialized Services in Safety Engineering and Occupational Medicine - SESMT and the Internal Commission for the Prevention of Accidents - CIPA. The method adopted was deductive, articulated to indirect documentation and bibliographic research. At the end of the study, it is concluded that the instruments studied are valuable tools for the protection of the working environment, since this, by its very nature, demands the existence of a specific supervision system, capable of considering all the peculiarities that can be found in concrete situations.
Despatrimonialização do direito privado: a responsabilidade civil objetiva do empregador nos acidentes de trabalho
(Universidade do Estado do Amazonas, 2019-01-16) Santos, Adelson Silva dos
The purpose of this article is to address the issue of civil liability in relation to the labor accident, in order to verify how the Labor Judge can apply the rules of civil liability without departing from the protectionist function of labor law. The research method is the legal theory and the research technique used was the bibliographical one
Trabalho perverso
(Universidade do Estado do Amazonas, 2019-01-16) Silva, Tulio Macedo Rosa e
The present work develop the study on the system of protection of the work environment, demonstrating the guarantees in the Brazilian legal system for its protection. In this context, it is demonstrated the importance of the principle of prevention to protect the worker's fundamental right to healthy environment. To this end, the treatment provided by the legislation of other countries and by the International Labor Organization regarding the existence of work in unhealthy conditions was highlighted, emphasizing the measures necessary to reduce the risks to the worker's health. In addition, the apparent antinomy in the Brazilia in Constitution was studied, which allows the work in unhealthy conditions, while at the same time determine the reduction of risks inherent in work, through health, hygiene and safety standards. Next, the treatment provided by the jurisprudence of the main national courts for unhealthy work was analyzed, as well as some effects that the labor reform will lead to unhealthy work.
Um outro senso comum: práticas socioambientais entre os ribeirinhos do Baixo Amazonas
(Universidade do Estado do Amazonas, 2019-01-17) Souza, Deise Nilciane Ferreira de
The reflection exposed in this work problematizes the notion of common sense in its epistemological and cultural aspects as a way of interpreting the socioenvironmental experience of the riverside inhabitants in the Lower Amazon and the symbolisms that surround their practices based on associative practices of knowledge and knowledge that are the result the dynamics of living in the relationship with rivers, forests and urban environments. It highlights in this experience the power relations, the result of a complex web that involves the conservationist discourses, the valorization of the riverside knowledge and its resignified practices. We will show some of these practices as unfolding a vision about the environment to demonstrate beyond conservation discourses that these practices are imbued with a network of symbolisms reproduced in their experiences, which we will call a new common sense.
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.
Planejamento e uso racional da água: estudo de caso do projeto da cidade universitária da Universidade do Estado do Amazonas
(Universidade do Estado do Amazonas, 2019-01-17) Costa, Ana Paula Castelo Branco; Silva Filho, Erivaldo Cavalcanti e
Water as a natural resource has the characteristic of scarcity, being an obligation of the government environmental planning for their rational use, by reason of being a fundamental human right. In Amazonas State competes at the Office of the State of Amazonas Environmental Protection / IPAAM management of waters. In this sense, this article carried out the case study of the EIA / RIMA City University of UEA Iranduba-AM and its proposal for the water resources affected by the project.
Meio ambiente do trabalho e o dano moral ambiental coletivo
(Universidade do Estado do Amazonas, 2019-01-17) Cordeiro, Idelcleide Rodrigues Lima; Pinto, Celciane Malcher
The present work deals with a brief analysis about the occurrence of collective environmental moral damages in the work environment, being considered as one of the aspects of the general environment and having to be repaired when injury to immaterial values, such as health and quality of life of a given community of workers. It was sought to explain about the doctrinal and jurisprudential understanding of the work environment as well as the one related to the modality of damage in comment. It was noticed that there are decisions that recognize its occurrence with respect to the principle of the integral reparation of the damages caused to the environment. The methodology used, in terms of means, is the bibliographical research with analysis of national legislation, jurisprudence and doctrinal sources, and, in terms of purposes, it is qualitative work. It is concluded that collective environmental moral damages may occur in the workplace environment and not only in the natural or cultural environment.
Habeas corpus e as punições disciplinares militares
(Universidade do Estado do Amazonas, 2019-01-17) Matos, Alexandre Antonio Valente; Zogahib, André Luiz Nunes
The present work will confront Art. 5, item LXVIII of the Fundamental Rights of the Constitution of the Federative Republic of Brazil with Article 142, § 2 of this same Constitution. With the aim of demonstrating the relevance of the debate on the proposed theme, thus enriching Military Law, a branch that is little explored by the legal community. Thus, it was analyzed by the supposed antagonism between the two norms, that is, the acceptance or not of the habeas corpus in military disciplinary prisons, with the purpose of assisting in the discussions in the ideological-professional field from the legal and disciplinary point of view. In its construction procedure, the methodological path of this research involved bibliographical research, analysis of documents and legislation. The scientific method used was the hypothetical-deductive, presenting a synthesis regarding the impediment or accommodation of the Habeas Corpus in the prison from the transgression of the military discipline. Thus, it is believed that this study has relevance because it is a work of academic level, bringing the discussion topic of constitutional texts, for aggrandizement of the subject.
O princípio da busca da felicidade e o meio ambiente do trabalho
(Universidade do Estado do Amazonas, 2019-01-17) Melo, Sandro Nahmias; Ferreira, Marie Joan Nascimento
It is defended, in this study, that the idea of pursuit of happiness, inserted in the context of human rights, finds resonance in the right to healthy quality life in working environment established in the Constitution. It is also argued that the search for happiness can not be made possible without the guara ntee of a minimum social rights. In that way, every employee can and should pursuit happiness while developing their work activity, that is, in the working environment.
Processo de investigação social de candidatos a ingresso na Polícia Militar do Estado do Amazonas: proposta de alteração na Lei de Ingresso N.º 3.498, de 19 de abril de 2010
(Universidade do Estado do Amazonas, 2019-01-17) Cavalcante, Flávio Carvalho; Andrade, Cleaci Gertrudes de
The social investigation process (IS), currently established by Law 3.498, of April 19, 2010, "Law of Admission", carried out through the Internal Affairs Section (PM-2), aims to verify the conduct ethical, social and moral of the alleged military servant of the State. The present work, through bibliographical and documentary studies, as well as other scientific methods, goals to investigate and analyze aspects that may difficult for the Military Police of Amazonas through the Internal Affairs Section to obtain better efficiency in the process of social research of the candidates to join the corporation. It aims to provide a study where it is possible to clarify that it is more efficient, quick and simple the summary use of the knowledge produced by the intelligence activity, without right of contradiction and full defense, in the counselling to the decision, during the Social Investigation processes of the candidates for admission in the Military Police of the Amazon State. In other words, with the current instrument of life history and social investigation in force, the full potential of the candidates for admission to the PMAM cannot be achieved efficiently.
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.