Nova Hileia - Artigos de Periódicos

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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.
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.
O alerta sobre a presença de componentes transgênicos em alimentos:o projeto de lei da câmarados deputadosnº 34 de 2015 e o direito à informação
(Universidade do Estado do Amazonas, 2019-06-08) Paulo, Alexandre Ribas de Paulo; Silva, Valine Castaldelli
Abstract: The end of the twentieth century was marked by the introduction, in Brazil, of genetically modified organisms (GMOs), also called transgenics. With the incorporation of these emerged controversies about the country's adherence to such technology, its effects on human health and the environment are not completely known by science. The objective of the present study is to verify if the proposal listed in the Bill of the Chamber of Deputies nº 34 of 2015, regarding the alert on the presence of transgenic components in food, would infringe the right to information. he method used is the inductive; the theoretical framework is a Foucauldian analysis of the discourse used by the legislator, who proposed the punctual alteration of art. 40 of Law 11,105 / 2005, also known as the Biosafety Law. The conclusion is that the insertion of transgenic foods in the nutrition of Brazilian citizens refers to the consumer's right to be informed about what is on the product that is being acquired. Keywords: Right to information. Draft Law nº 34 of 2015. Transgenic.
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.
Análise dos recursos semióticos em filme publicitário
(Universidade do Estado do Amazonas, 2019-01-18) Vieira, Josenia Antunes; Yared, Maria Lílian de Medeiros
The objective of this text is to analyze an excerpt from the television commercial of Caixa Econômica Federal - a hybrid institution, mixed of public banks with private banks. The commercial section will be analyzed and interpreted in the light of the Social Semiotic Theory of Multimodality, by Gunther Kress (2010) and Halliday's Isthmian-Functional Linguistics (2014). The video is a 60-second advertising piece, aired on 2014 on prime-time television - between 9 pm and 10 pm. This research intends to elucidate how the semiotic features - camera position, speech text, participant distance to the viewer, participants' look, gestures, colors etc - were used by the author of the commercial and integrated in the multimodal text for the construction of the whole significant. We consider that the author of the commercial is the Government and, in this way, he is also the signmaker, the one who has the semiotic and economic resources at his disposal to use them and, with this, transmit the message with the effect that he wishes , which is equivalent to performing a semiotic-social action.
Aspectos antagônicos entre violência e pobreza
(Universidade do Estado do Amazonas, 2020-03-02) Leite, Yuri Bindá
Abstract: The main objective of this research is to show, through a methodological bibliographical analysis, the forms of violence, its (false) relation with poverty and its impact on society. The first specific objective is the theoretical discussion of the culture of violence and its unfolding, evidencing the forms of expression of violence and its massification in the media that makes it something everyday in people's lives, a paradox between the restlessness of insecurity (which fosters the use of weapons, for example) and normality or "peaceful" coexistence with crime printed in newspapers, blogs or television programs, all of this, corroborating to the cultural formation of the present day. Once the basic notions have been overcome, the second part of the study will show the influence of the dominant power for the construction of legitimate violence by the State, as public policies conform to the crime rate and violent sociability. The last objective is the analysis of the paradox of the association of crime with poverty. The purpose of the research is to demonstrate the sociological context of the origin of violence, as the ruling class attempts to camouflage their acts and put the blame on the poorest. Keywords: violence, culture, media, weapons, power, poverty.
O assédio moral como agente causador de psicopatologias no meio ambiente do trabalho
(Universidade do Estado do Amazonas, 2019-01-17) Arruda, Monique de Souza
This article aims to contribute to a better consolidation of the academic literature on moral harassment in the work environment, a matter of great relevance, since it is a serious agent that triggers psychological illness. These harmful impacts on working health are in line with the protection accorded by the Constitution of the Republic of 1988 to the dignity of the human person and the ecologically balanced working environment with a view to ensuring the health, life and physical integrity of the worker. Because it is an inherent content of the Environmental Labor Law, relatively new branch of law, the literary production is still discreet. The method used in this research is the deductive and, how much to the means, the research is bibliographical, based on the legislation, doctrine and jurisprudence and, how much for the purposes, the research is qualitative. In the body of the present study, we sought to conceptualize the work environment, evidencing moral harassment as the main cause of psychopathology in the worker, enumerating some of the most common diseases that he triggered. In the end, it was tried to deal with the actions aimed at combating bullying in the work environment.
A atribuição para investigar os crimes dolosos contra a vida praticados por militares dos estados contra civil
(Universidade do Estado do Amazonas, 2019-01-18) Macedo, Wagner Alves; Almeida, Arlindo Correa de
When it becomes effective the Law 9.299 / 1996, doctrinal and jurisprudential divergences began to arise concerning the constitutionality of §2, art. 82 of the Code of Military Criminal Procedure, it was added by that law. Accordingly, two direct actions of unconstitutionality were filed: ADI 1.494/1997 and ADI 4.164/2008. Law 13.491, of October 13, 2017, was enacted recently, which again altered art. 9th of the Military Penal Code and further intensified the discussion on the subject. Consequently, these differences still persist today. So, the objective of this work is to analyze which police institution has assignment to investigate the intentional crimes against life practiced by military of the states against civilians. 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 this problem. Finally, as can be observed, the issue is controversial and current, since this disagreements persist, including whether such crimes would be military or common, hence the need to analyze, based on doctrine and jurisprudence, which institution investigating such crimes.
A capacitação continuada como fator de desenvolvimento, atualização e assimilação de competências dos policiais militares do comando de policiamento metropolitano
(Universidade do Estado do Amazonas, 2019-01-17) Botelho, Alisson; Maduro, Márcia Ribeiro
Organizations are inserted in an increasingly dynamic and competitive environment; therefore, it has been observed that the institutions that stand out are those who recognize their weaknesses and strengths, acting proactively to improve them. In this sense, the consensus of the scholars of the administration that the great difference for range improvement is the optimization of human capital; in people management with a focus on individual skills. The objective of this study was examine how ongoing training processes can contribute to improvement of individual skills of the military police of Policing Metropolitan Command (CPM) and their daily practices, of the risks that the profession requires them, in a responsible and ethical manner, conscious of their duty to promote social order, human rights and democracy. For this we used quantitative and descriptive methods, in conducting research and literature documents, case study. At the end of the work, one can detect the latent weakness related to the knowledge and ability of the military police who are the first policing mesh CPM, the main issues governing the profession, namely: technical and operational procedures, laws and interpersonal relationships, supported by the inertia of the institution to invest in training processes aimed at this audience. It is concluded with the present study, the implementation of continuing training for permanent programs will have a strong impact on the technical and professional promotion of these military police and efficiency of the services they provide.
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.
Compartilhamento de informações pelo whatsapp e facebook: a proibição do comissariado de Hamburgo e a concretização do direito a privacidade do usuário No Brasil pelo marco civil da Internet
(Universidade do Estado do Amazonas, 2019-01-18) Pessoa, Flávia Moreira Guimarães; Pamplona Filho, Rodolfo
The paper analyzes the recent change in the privacy policy of social network Facebook and Whatsapp application on the user data sharing of both companies. To achieve the goal, analyzes the protection of direitos personality, in particular the right to privacy. Also carries out analysis of the share of ban given by the German government to the end conclude the need for the state to adopt measures to prohibit the sharing application user information Whatsapp with facebook.
A condenação por improbidade administrativa por enriquecimento ilícito presumido ("DAMNUM IN RE IPSA”) não é causa de inelegibilidade de candidatura
(Universidade do Estado do Amazonas, 2019-06-08) Silva, Rodrigo Ribeiro; Choy, Marco Aurélio de Lima
ABSTRACT: This article aims to address the causes of ineligibility of candidacy and to demonstrate that the condemnation for administrative impropriety for presumption of illicit enrichment only becomes a hypothesis of ineligibility if it becomes clear that the public manager illicitly enriched, born of the recent decision in Ordinary Recourse n. 11505, from the construction of Minister Luiz Edson Fachin of the Superior Electoral Court, opening a precedent capital for the next electoral disputes, since it establishes the thesis that the condemnation for administrative impropriety for presumed damages ("damnum in re ipsa") does not fulfill requirements of the ineligibility of such application. KEY WORDS: Illegal enrichment. Administrative, dishonesty. Ineligibility.
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.
Considerações sobre a proteção do meio ambiente de trabalho do teletrabalhador em tempos de omissão legislativa
(Universidade do Estado do Amazonas, 2019-06-08) Leite, Kaleen Sousa
Abstract: Faced with the technological advance, labor relations gain new contours. Work at a distance is gaining increasing relevance in the face of such a globalized world. Reducing costs and optimizing tasks are one of the advantages that teleworking provides to the job market. On the other hand, work away from the premises of the employer may weaken some labor rights, especially the health and safety of the worker. In this perspective, the present work aims to discuss the protection of the working environment in the telecommuting contracts, analyzing this guarantee under the bias of fundamental right. It also seeks to discuss the legal shortcomings existing in the recent legislation No. 13467/2017 that introduced into the Brazilian legal system the telecommuting contract. However, in our view, it has not been able to answer how the teleworkers will be guaranteed the constitutional right to the balanced working environment, whose contractual reality demands complexpeculiarities to guarantee this right. From the conception of the legal system as an open and incomplete system, the fulfillment of these shortcomings is discussed through norms and principles, now labor law and environmental law. Keywords: WorkingEnvironment. Legal shortcomings. Teleworking.
A contribuição da lei de acesso à informação para a ética ambiental como forma de concretização para a cidadania ambiental
(Universidade do Estado do Amazonas, 2019-01-17) Paiano, Daniela Braga; Maito, Deíse Camargo
The environmental citizenship aims to an active participation by civil society, especially in decisions related to them and the environment. Under this perspective, environmental protection can’t be a private function of the government, but it requires new ways of communication and popular participation. It is important to note that the citizenship presupposes an effective participation of the politician actors potentially affected by the decisions, not only in the project supervision, but on decisions themselves. Besides, to achieve this kind of citizenship, the access to environmental information, which is all available information about environmental components, the activities that affect or will affect these components and the administrative conducts and environmental management programs. Because of the importance of these information to reach the environmental citizenship, the Brazilian law has many devices which aims to achieve the access to information and environmental information. Therefore, this paper studies how these devices can contribute to environmental information access, indispensable to reach environmental citizenship.
Controle de convencionalidade do crime de desacato: uma visão crítica
(Universidade do Estado do Amazonas, 2020-02-21) Costa, Márcio Fernandes Lima da
Abstract: The presente study adresses the jurisprudential controversy about conventionality control of brazilian crime of contempt, due to the decisions exposed by the brazilian Superior Court of Justice and Federal Supreme Court, in comparison with decisions of the Human Rights Interamerican and European System, and the possible consequences from using one or other ways of soluton. The scientific metodology was limited to bibliographic, qualitative and descriptive, extracted from books, articles and eletronic scientific journals about the subject. The study found out results about conventionality and constititucional control, with its diferences, supported by the decision from European Court of Human Rights and opinions from Inter-American Comission of Human Rights and decisions from inter-american court of Human Rights. On the other hand, the presente study also compared the decisions from Superior Court of Justice and from Federal Supreme Court, with the conclusions that the right of freedom of expression is submited to limits of human-fundamental rights and the legal certain may prevail in case of abuse of rights from the public citizens against public servants. Keywords: contempt, conventionality control, constitutional control, human rights, penal typification; international responsability
A crise migratória sob a perspectiva dos direitos humanos. Uma questão de ordem!
(Universidade do Estado do Amazonas, 2019-01-17) Costa, Beatriz Souza; Souza, Lívia Maria Cruz Gonçalves de
Discuss the migratory crisis and make a historical survey of the construction of human rights were the main objectives of this article, for which we use as a theoretical fundamentally the Declarations of Rights and the texts of Celso Lafer and Norberto Bobbio. Our methodology was descriptive-literature, as we seek to stick to put literature.
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.
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.
Os desdobramentos da subordinação trabalhista e seu impacto no Brasil
(Universidade do Estado do Amazonas, 2020-01-20) Leite, Yuri Bindá
Abstract: A survey wasdeveloped to demonstrate the types of subordination and its impact on labor relations in Brazil. Through a systematic theoretical review, the study of analysis as was the process of evolution of labor law in the world until the contemporary. Submission is sometimes unpleasant, so the scientific debate on the topic is relevant, or justifies its production. Therefore, ask: Why are employment relationships avoided in the international context? To answer a question, execute a bibliographic method, an investigation will take two approaches, the first or subordination history and the second study of this impact in Brazil. Keywords: Subordination, work, employment, impact