DISSERTAÇÃO - PPGDA Programa de Pós-Graduação em Direito Ambiental

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O direito à sadia qualidade de vida e a síndrome de burnout enquadrada como doença ocupacional no Brasil
(Universidade do Estado do Amazonas, 24-02-22) Guimarães, Abraão Lucas Ferreira; Melo, Sandro Nahmias; Silva, Tulio Macedo Rosa e; Faria, Carolina Tupinambá
This study investigates burnout syndrome in Brazil and its classification as an occupational disease, exploring its causes, symptoms and consequences. Using a qualitative approach based on semi-structured analyses, organizational factors were identified, such as excessive workload and lack of institutional support, as well as individual factors, such as lack of skills to deal with stress, as the main triggers of burnout. The results revealed a significant prevalence of the syndrome among participants, with symptoms ranging from emotional exhaustion to depersonalization and low personal fulfillment. Furthermore, negative consequences were identified for the quality of patient care and the well-being of professionals. This study highlights the importance of multifaceted interventions, including organizational support, self-care programs and development of stress management skills, to mitigate the impact of burnout and promote mental health and quality of care, in which Brazilian legislation plays a crucial role. in preventing and caring for burnout, establishing limits on working hours and working hours, providing occupational health programs and promoting awareness on the topic.
O direito ao desenvolvimento sustentável: os royalties de petróleo de Coari-Amazonas
(Universidade do Estado do Amazonas, 2006-07-28) Viana , Rejane da Silva; Melo, Sandro Nahmias; Sánchez Bravo, Álvaro A.; Melo, Sandro Nahmias; Sánchez Bravo, Álvaro A.; Camargo, Serguei Aily Franco de
The present work intended to demonstrate, that ahead of the extraordinary growth in prescriptions of royalties or financial compensations as a result of the exploration and production of oil and natural gas, a new scene begins to appear in the city of Coari in the State of Amazonas supporting the importance of these resources in its prescription confides. The work left of the Constitucional Law to the development and the perspectives for the Amazônia with the prospection of oil in the Basin of the Solimões. The main point of analysis will be to verify how these benefits are being used by the municipal administrations, the results of the investments, that already can be perceived. The adopted methodology was bibliographical consultation with survey and the analysis of social and financial facts of the city of Coari, adding information of the cities near by and using the pointers of human development and quality of life. Between the main results, it was gotten confirmation that royalties and special participations are important in the composition to the local governments offering the necessary resource for many investments, not being possible to determine its accurate use, or if verifying concrete actions for the promotion of a project of sustentabilidade and diversification of the local productive base. The use of royalties of form directed for the improvement in the quality of life of its habitants, justifies for the potential risk of ambient damages inherent to the activity of oil production and as form of indemnity for the exploration of resources you did not renew in order to prevent the economic decline being legitimate that such resources are used to make possible the potentialities of the region Words key: Amazônia; Sustainable development; Enviromental law; Royalties; Petrobras.
Exigibilidade e políticas públicas na área ambiental no estado do Amazonas
(Universidade do Estado do Amazonas, 2006-08-06) Braz, Sebastião Ricardo Braga; Duarte, Clarice Seixas; Duarte, Clarice Seixas; Aith, Fernando Mussa Abujamra; Dantas, Fernando Antonio de Carvalho
The present dissertation has as its subject matter the demand for public politics in the state of Amazonas, aiming to congregate, analyse and systematise the existing knowledge about the judicialization of environmental public politics, presenting examples, especially within the scope of the state of Amazonas. As a methodological procedure, the task was divided into four chapters. In the first one, the reflection of the environment appears as, at the same time, a right and a fundamental duty, in the context of a Social State, whose main goal is to implement public politics with interest in the concretion of the environment ecologically balanced, essencial for the healthy quality of life. These protective public politics of the environment must be made possible through the construction of a space of participation of all the social actors public power and society in general - , which are entailed in the duty of preserving the environment for present and future generations, involved with the environmental thematic, under the form of the caput art. 225 of the Federal Constitution of 1988. The next chapter analyses the concept of public politics, as well as its procedure of creation, since its formulation, going through the implementation and execution, ending with the evaluation and invigilation, as well as the possibility of, along the mentioned phases, invoking the judiciary if any eventual correction of the public politic is needed, in case of any embezzlement or omissions. The third chapter, core of this dissertation, talks about the demand of public politics aimed at the environment and its control of jurisdiction, starting off with the analysis of the arguments contrary to the intervention of the judiciary in the public politics area. The invoked arguments were the offence against the principle of the separation of branches, the illegitimacy of the judiciary to exert such control, the discretionary administration on the implementation of public politics, the limit related to facts and human relations of the reserve of the possible, the apparent normative defects in the disposals that devote the fundamental right to the environment and, lastly, the alleged non-existence of a public right subjective to environmental politics. Such obstacles were, one by one, opposed by arguments of a constitutional nature and based on the international instruments related to the matter, searching for the maximum effectiveness of the right to the ecollogically balanced environment, in the context of a Social State. The chapter is ended with the analysis of the Public Ministry s performance at the increase of public politics, using as instruments the public civil action to question the absence and/or insufficiency of environmental public politics, as well as its correction, presenting examples, especially within the scope of the state of Amazonas. The final chapter presents the public administrator s responsibility in the adoption of environmental public politics, on account of its omission or its eventual change of conduct in the achievement of environmental public politics, taking into consideration that the administrative acting, in this present case, is orientated by the general and environmental constitutional politics. Once there is a distance or change of conduct, the judgment of environmental administrative lack of probity action is suitable to the responsibility of the public agent that caused the omission and/or change of purpose related to environmental public politics. Words-key: Public Politics. Enviromental Law. Exigibility. Judicialization.
Áreas verdes urbanas como elemento da cidade sustentável
(Universidade do Estado do Amazonas, 2006-10-06) Matias, Jefferson Ortiz; Saleme, Edson Ricardo
The present work had the purpose to analyze the urban green areas, as indispensable element to reach the concept of sustainable city, subscribed in the Statute of the City, Law 10,257/2001, in its article 2o., II, where it is described as a city where its inhabitant has guarantee of the right to the urban land, the housing, the ambient sanitation, the urban infrastructure, the public transport and services, the work and the leisure, for the present and future generations. The green areas, even so it is not mentioned as specifically integrant of the formatting elements of the sustainable city, are indispensable for its formation, since it exerts vital functions in the urban ecosystem, such as the social, ecological, educational and aesthetic function, providing reduction in the urban pollution rates, creating shadows for the passer-bys, best acclimatization and protection for intensive winds, also working as space for diversion and leisure, being able to serve in such as local of primary studies directed toward the infantile public and for academic researches as well, and propitiating the aesthetic increasing, promoting the hygienic improvement and the consequence valuation of the urban area where it stands. All these elements lead to increase the population s quality of life, accurately the main point in the sustainable city s persecution, which is a citizen s right.
A inconstitucionalidade da redução de terras indígenas no processo demarcatório por caracterizar remoção
(Universidade do Estado do Amazonas, 2006-10-06) Carneiro, Edilton Borges; Dantas, Fernando Antonio de Carvalho; Dantas , Fernando Antonio de Carvalho; Shiraishi Neto, Joaquim; Wagner, Alfredo
This master dissertation of is centered in the analysis of the subject aboriginal lands, searching to understand the paper of the property of the aboriginal land in the civil law and constitutional Brazilian from the promulgation and entrance in vigor of the Constitution of the Federative Republic of Brazil of 1988. The work, leaving of a historical briefing, looks for to understand the treatment given for the legislators Portuguese and Brazilian to aboriginal lands, arguing the concept of property in the culture colonizer occidental person and the aboriginal culture to show the deep difference of as these concepts are worked by these distinct cultures. It still argues the constitutional recognition of the originary right of the aboriginal peoples to the lands that traditionally occupy, and the interpretation given for the legal hermeneutics to the constant constitutional device of article 231, § 1º, of as if it characterizes the tradicionalidade of the occupation, stops from this however, together with the analysis and interpretation of the contained one in article 231, § 5º of the Brazilian Great Letter, to demonstrate to the unconstitutionality of the land reduction aboriginals in the administrative proceeding of landmark, therefore this reduction characterizes removal of the peoples aboriginals of its lands, and not if it inside finds of the definitive situations in numerus clausus, specifically permissive of the removal act. Key Words: aboriginal lands, unconstitutionality, reduction, landmark, removal.
Cidades sustentáveis e o princípio da função ambiental da cidade
(Universidade do Estado do Amazonas, 2006-11-16) Maquiné, Dillings Barbosa; Saleme, Edson Ricardo; Saleme, Edson Ricardo; Camargo, Serguei Aily Franco de; Beçak, Rubens
We attended in the last century the phenomenon of urbanization. It has reached most of the countries of the world, specially the known first world as well as that ones in development, as consequence of the industrialization process. This new social and economic growth has provided relevant social and places changes in Brazil. This new model of dealing with environment has brought serious consequences. Their results can be compared with the world natural disasters. The situation of the brazilian cities were lead the great urban centers into a chaos. Our cities are still suffering problems from extreme gravity and difficult solution. In this context, the edition of the Law n° 10.257/2001 known as Estatuto da Cidade , come to adjust the urban politics of the Federal Constitution establishing general lines of direction how to adapt the new cities to a certain models more adjusted with the community needs, mostly with the model of sustainable cities. It is an undeniable advance in the fight against invasions and chaotic ways of living. The juridical institutions created by the mentioned Law. Based in the social function of the property and the principle of sustainable city, the Law provide the cities authorities, by domestic laws, to adopt the legal instruments that guarantee all the sectors of the society for a more fair social and territorial distribution of the responsibilities and benefits result of the urbanization process, as well as the accomplishment of the social functions of the city for the implementation of the Director Plan, also allowing the regularization of the irregular urban proprieties. This paper point out how to get an effective implementation of the legal principles established in the above referred law and Brazilian Constitution. By means of the sustainable purpose included in this study and for the real accomplishment of the purpose of Statute of City, it would be necessary a real reconstruction of plans and new policies in order to get what is expected from all Brazilian society. Keywords: Urban Law; town-planning; urban policy; urban sustainable development; Statute of the City; Director Plan.
O direito ao meio ambiente ecologicamente equilibrado como um direito fundamental de natureza social e seus exercicio harmônico com os direitos culturais
(Universidade do Estado do Amazonas, 2007-01-13) Martinho, Luciana Toledo; Duarte, Clarice Seixas; Duarte, Clarice Seixas; Aith, Fernando; Jacinto, Andréa Borghi Moreira
The right to a balanced environment, as foreseen in the Constitution’s 225 article, is considered to be a fundamental right, due to it’s relations with human dignity and healthy life quality, to which is taken for essential. This right is owed to both: individuals and collectivities, which influences the way it can be pursued in law courts. Likewise, the Brazilian Constitution also contemplates the cultural rights, also considered to be fundamental rights due to their relations with human dignity. Conflicts can arise from the exercise of those categories of rights, and the conflicts solution must be solved regarding their normative structures. Understood as principles, not rules, the cultural rights and the right to a balanced environment must be exercised in the maximum possible extent, which demands, to the concrete cases conflict solving, a solution based in balancing the principles so that in the process the very core of those rights remains unwounded. One must think in ways in which the colliding Rights’ boundaries can be bended, and mainly think about ways to assure the harmonic exercise of those Rights. Keywords: Rights. Balanced Environment. Cultural Rights. Collision. Balance.
O dever de recuperar a área degradada e a compatibilidade entre desenvolvimento econômico e meio ambiente na exploração dos recursos minerais
(Universidade do Estado do Amazonas, 2007-02-28) Ferreira, Gabriel Luis Bonora Vidrih; Derani, Cristiane; Derani, Cristiane; Carvalho, Albertino de Souza; Dantas, Fernando Antonio de Carvalho
Mining characterizes itself as an economical activity employed with a strict relation with the environment. Taking into account the exploitation of a natural resource, and due to the fact of the intimate relation between the ‘natural deposit’ and the other environmental resources of a region. Thus, the viability of the mining enterprise depends on the intervention in the area to be exploited, aiming to reach and extract the ore, being a task of the legal system to regulate the way in which the activity shall be developed in order to provide the mitigation and the compensation of the produced environmental changes, highlighting the need for the social and economical benefits to be reached with respect for the environment. Therefore, no matter how much development within the environmental quality patterns and regulations, there will always be a residual impact which necessarily operates for this activity and that is not possible to be effectively avoided. In this picture, it is the forecast of the Federal Constitution which, aiming to reduce the social ONUS and add conditions of sustainability to the mining process, contemplates those who exploit the mineral resources with the obligation of recovering the degraded environment, characterized as a compatibility regulation in the economical order maintenance with the environmental protection which has a specific treatment for the mining process. Thus, it is considered that the characteristics and the importance of mining justify a specific environmental treatment disposed by the Constitution, being the objective of the present study, analyze the existing intrinsic relation between mining and the environment, identifying through the need of recovering, the way in which the economical development and the environmental protection compatible themselves in the mining process, and their respective effects on the field of the environmental civil responsibility, in special to the establishment of a different regimen for the recovering of the environmental hazardous caused through the mining exploitation. With the prevision regarding the need of recovering, built in the mining process, the conception that this kind of mining activity corresponds to a transitory modality of soil usage, being the responsibility of the recuperation phase, provide the upgrading of the degraded area into a stabilized level that allows a further usage of the soil. In this perspective, facing the necessity of recovering, in the range of the manifestation of the civil responsibility in the mining process, certain environmental interventions seem possible to be absorbed by peculiar treatment in relation to the manifestation of the need for recovering, consubstantiated in the classification of a modality of environmental hazardous common in this productive activity, denominated `mineral environmental hazardous´. These environmental alterations inherent and indispensable for the development of the agricultural activity, at first, are considered as residual environmental impact, due to the impossibility of avoiding these occurrences and, further with the finishing of the activities or having the physical possibility of realizing any recuperation service or reduction of the environmental effects, these interventions gain juridical relevance and become to be considered as hazard or degradation, receiving, from then on, the imputation of the recovering obligation. Key words: Economical order and environment. Environmental protection in mining. Mineral environmental hazardous. Residual impact. Civil environmental responsibility.
Fundamentos jurídicos da zona de amortecimento em terra indígena
(Universidade do Estado do Amazonas, 2007-05-08) Pascuchi, Priscila Mari; Dantas, Fernando Antonio de Carvalho; Dantas, Fernando Antônio de Carvalho; Sá, Alcindo José de; Jacinto, Andréa Borghi Moreira
The objective of the work is the protection of the negative environmental impacts, resulting of the adjacent area, on the environmental resources in indigenous land. Though a study about the need of juridically implementation of the buffer zone in the indigenous land. The indigenous land is not considered a territorial space destined to the environmental conservation, however, it should provide to the indigenous society an environment ecologically balanced. With that, the conservation is requested from their necessary environmental resources to the indigenous well-being. The buffer zone in the indigenous land, it should consist of the territorial ordination of its neigborhood for ZEE (Ecological- Economical Zoning), in way to protect the indispensable environmental resources to the indigenous societies. The buffer zone also tends to insert the indigenous lands in ecological corridors, for the end of avoiding the insularization of the same ones. The impacts environmental negative resulting of the area outskirts of the I spill of the indigenous land are caused by antropic activities or by demarcation of the indigenous land, which can transform it in a forest fragment. In conclusion it was observed that the juridical norms of environment conservation the indigenista right and environmental factors bring juridical foundation for implementing the buffer zone. Key words: Indigenous lands, indigenist rights, buffer zone, territorial spaces especially protected, Units of Conservation and environmental conservation.
Direito. biotecnologia e propriedade intelectual: acesso, apropriação e proteção jurídica dos elementos da biodiversidade Amazônica
(Universidade do Estado do Amazonas, 2007-06-12) Stefanello, Alaim Giovani Fortes; Dantas, Fernando Antônio de Carvalho; Dantas, Fernando Antônio de Carvalho; Zanotto, Sandra Patrícia; Rubio, David Sánchez
This work aims at studying how the appropriation of the biodiversity elements, particularly those in the Amazon region, and what are the juridical implications arising from such an appropriation. The access to the biodiversity genetic resources, which may result in the achievement of a private property following patent registration, chiefly after the identification and isolation of the active principle of plants and animal with pharmacological potential will be analyzed. In order to achieve this, a study will be carried out on both national and international legislation dealing with intellectual property and access to the traditional knowledge associated to genetic resources. The traditional communities and indigenous societies are major agents within this context, since they own knowledge on the use of nature and its medicinal-purpose applications. The forest, in a wide sense, represents a source of life for such populations, both in the physical and in the spiritual aspect, particularly in the Amazon region, the stage for the greatest world socio-biodiversity and the target for international greed. The regional biological and cultural richness causes the Northern countries to invest against the Southern countries, since the former own biotechnological resources, but only the latter are holders of abundant biological resources. This generates a mutually asymmetric dependence relationship owing to the perverse way on how this relationship is carried out, wrapping up the work as proposed by this study. Keyword: Intellectual Property Rights. Socio-environmental Function of Property. Environmental Law. Biotechnology.
A participação da sociedade nos interesses difusos ambientais
(Universidade do Estado do Amazonas, 2007-09-17) Vasconcelos , Luiz Alberto Dantas de; Saleme., Edson Ricardo; Saleme, Edson Ricardo; Fonseca, Ozório José de Menezes; Magalhães , Vladimir Garcia
La preocupação com el medio ambiente no es algo reciente. Progresivamente la protección ambiental gana espacio en las conferencias internacionales así com también em el ordenamento jurídico de diversos Estados, incluso el proprio Estado Brasileño que posee uma de las mayores biodiversidades del planeta. La constitución brasileña de 1988 dedicó un capítulo entero al medio ambiente sobre el uso común del pueblo, fundamental a la calidad de vida, seguiendo la legislación infraconstitucional en la misma directriz. No se puede negar que el ordenamento jurídico patrio dio al medio uma merecida importancia, otorgando formalmente a las instituciones y a los cuidadanos herramientas capaces de garantizar efectivamente la protección ambiental. Sin embargos, se discute todavía la implementación de las condiciones materiales para el logro de la protección ambiental. Las herramientas de protección ambiental puestas a la disposición de la sociedad, como la acción civil pública, la acción popular, la audiencia pública, entre otras, no encuentram espacio social, político y econômico para producir los efectos necesarios para que el medio ambiente ecologicamente equilibrado pueda estar protegido y pueda ser disfrutado por todos como de uso común del pueblo e esencial a uma sana calidad de vida. Palabra llave: La tutela ambiental - medio ambiente – interés difuso – participación popular.
Omissão do poder público e responsabilidade civil ambiental: um estudo sobre as ocupações urbanas irregulares em Manaus e seus impactos ambientais
(Universidade do Estado do Amazonas, 2007-09-18) Monteiro, Hediane Naiade Silva; Saleme, Edson Ricardo; Saleme, Edson Ricardo; Fonseca, Ozório José de Menezes; Magalhães, Vladimir Garcia
The right to the ecological balanced environment includes the urban and natural environments. However, the relationship between the housing right, inherent to the constitution of the cities, and the protection of the natural environment is in disharmony. For the lack of public politics, among others aspects, Manaus grew without the due urban planning. Contributing in this disordered growth, there are irregular urban occupations. The present study has the target to demonstrate the environment civil responsibility of the Public Power of Manaus for its omission in promoting the adequate urban order of its territory, causing damages to urban and natural environments in this city. For this, it is intended to point out the competence to promote the urban order, in its aspects constitutional and legal. Also the exercise of this ability for the functions or powers of the State in this scope will be analyzed. Situated this duty, we will study its failure through the analysis of the urban disordered development of Manaus as city and the environment damages caused by the invasions in its territory. In view of that the environment damage represents one of the requirements of the objective responsibility, remains the evidence on the presence of the other requirements: omission and causality nexus. Also these requirements exists, when we conclude, for example, that the urban sustainable is threatened by the “invasion industry”. In a similar way, for the consolidation of these occupations, great areas are deforested, committing seriously the natural resources, as the urban forests. This analysis is eminently bibliographical and will be based on research in public agencies, whose performance in disordered occupations in Manaus. As well as the particular ones, in the Rule of Law, the Public Power must be submitted to the legal forecasts and assume the consequences of its omission. The care with the urban space, so important as the guardianship of the natural environment, must leave of being seen as only urban politics, passing to be faced as what in fact it is: one constitutional duty. Key words: Envoronment competence – irregular urban ocupations – environmental responsability
O compromisso de ajustamento de conduta como mecanismo de resolução de conflitos ambientais
(Universidade do Estado do Amazonas, 2007-09-21) Rocha, Géber Mafra; Derani, Cristiane; Derani, Cristiane; Bessa, Fabianne Lopes Netto; Dantas, Fernando Antonio de Carvalho
The constitutional bedding is the main landmark of the legal foundation of the sovereign State. Without this foundation, the structure of a country will be disfigured, and without base, all governmental action will leave the society to the abandonment of solutions and at the mercy of its endless conflicts. These are typical of the communitarian life and need alternatives so they can be equated in order to allow so longed for social peace. Therefore, the Constitution of the Federative Republic of Brazil, promulgated the 05 of October of 1.988, brought the possibility of application of characteristics rules to the conflict resolution, specially in environmental issues, giving clear definition to the previous mechanisms that have been received. This retrospection can be inferred from reading Chapter 1. The Commitment of Behavior Adjustment, that way called by legislation, as the conflict resolution mechanism, extraprocedural or procedural way - this one having as surrounding the public civil action -, appears, therefore, in 1.990, as a viable alternative for the composition of illegal situations in environmental issues amongst other subjects, matter dealt with more attention in Chapter 2. The highlight of Chapter 3 is the debate around what the Adjustment can represent to the law. The discussion about the legal nature of this institute is, probably, the more debated point by the brazilian commentators, specially as a legal deal, as defended by one and inconceivable for another part of the national doctrine. The mainstream admits the institute as being a transaction form. The making of and the effects of the Commitment of Behavior Adjustment are explained in Chapter 4, emphasizing legitimated subjects and the consequences in the legal world of the celebrated Term. Finally, a finalistic boarding on the institute is made, I order to clarify its real teleological content, boarded issue at this work, but specially in Chapter 5. Key words: Commitment of behavior adjustment, adjustment of behavior, term of behavior adjustment, public civil action, transaction, agreement, adjustment, diffuse rights.
O caminho das águas na Amazônia: Itinerário da tecnologia naval amazônica e sua proteção jurídica como patrimônio cultural imaterial
(Universidade do Estado do Amazonas, 2007-09-27) Martins, Marco Aurélio de Carvalho; Dantas, Fernando Antônio de Carvalho; Jacinto, Andréa Borghi; Dantas, Fernando Antônio de Carvalho; Souza Filho, Carlos Frederico Marés de; Sá, Alcindo José de
This research is included in the field of legal protection of the cultural patrimony and aims identify the amazon naval technology as Brazilian immaterial cultural patrimony. This work had as motivator a rule from the SNPH – Amazon Superintendence of Navigation, Ports and Hydro ways, entity that rules the transport of people in the state of Amazonas. It is analyzed the traditional knowledge associated to the amazon naval technology must be considered as cultural patrimony, even if it can not be considered as scientific knowledge. The boats made of wood in Amazon arte part of a social development linked to the waters of the region. Having the biggest hydrographic basin of the world, the rivers and water courses are part of the daily of the amazons relating to their cultural development, what allows that technology of wooden boat construction must be considered as cultural patrimony of the Brazilian society. It is verified how is done the legal protection of the cultural patrimony in a way to protect the technology of boat construction end the wooden boats. It is focused the concern with the defense of this cultural patrimony because of the influence that it has suffered throughout the times, especially because of the attempt of its forced modification. Modify the material of construction of the boats bumps in the meaning that these instruments of transportation have to the amazon society. Even with the possibility of a combination of materials, metal and wood, it is stressed that it is a menace the modification of a cultural patrimony essential to the region, the boats. The legal instrument of protection of this cultural patrimony is the register, instituted by the Decree 3.551/2000, which rules the art. 216 of the Constitution of the Federative Republic of Brazil. Proceedings and its system are analyzed in a way to understand it better, as well as its main characteristics are stressed as it is applied in the understanding that the concern that is pursued is not the defense in a way to not allow its transformation, but to catalog its current situation and follow its development in time. It is concluded that the amazon naval technology is born and blossoms with the regional culture, being a part of its daily relations and being essential to the development of the region. It is observed that these characteristics confirm the idea that this technology is a Brazilian cultural patrimony and must be protected through the register, according to what states the Decree 3.551/2000. Key words: Legal protection of the Cultural Patrimony; Wooden boats; Cultural Patrimony; Constitution of the Federative Republic of Brazil; Register.
Análise jurídica da gestão das águas subterrâneas no município de Manaus
(Universidade do Estado do Amazonas, 2007-09-28) Aguinaga, Karyn Ferreira Souza; Silva, Solange Teles da; Silva., Solange Teles da; Fonseca, Ozório José de Menezes; Benatti, José Heder
The National Politics of Hídricos Resources - Law 9,433/97, brought important innovations for the management of the hídricos resources in Brazil. The States, while detainers of the domain of underground waters, are responsible for its management that, however, must be in accord with the disposals of the National Politics. The State of Amazon by means of Law 2,712/01 established the State Politics for the Hídricos Resources and instituted the State System of Management of Hídricos Resources. It enters the lines of direction for implementation of the State Politics is the joint of the management of the hídricos resources with the one of the ground. The present study the joint of the management of this resource with the management of the ground had for purpos to analyze the management of underground waters in the City of Manaus approaching, in the direction of the preservation of the quality and availability of the underground resources. Initially it was become fullfilled analysis of the ambient context, social and economic of the urban space object of the study and later was carried through the survey and analysis of the pertinent legislation to the subject. One evidenced that the norms of management of underground waters and the ground present some possibilities and mechanisms for the joint and that the implementation of this joint if finds harmed by a perception still limited and would break up dominant of the public administration. Words key: Hídricos resources. Waters. Management. Manaus. Territorial order
A garantia do conteúdo essencial do direito fundamental ao meio ambiente do trabalho equilibrado
(Universidade do Estado do Amazonas, 2007-12-07) Santos, Adelson Silva dos; Melo, Sandro Nahmias; Melo, Sandro Nahmias; Barbosa, Walmir de Albuquerque; Dantas Júnior, Aldemiro Rezende
This study addresses the recognition of the security of the essential content of the fundamental right to the environment of work in planning balanced constitutional Brazil. This is necessary because it does not e xplicitly guarantee the Federal Constitution. On the other hand, recognized the essential core of that fundamental right, created are the foundations for the emergence of environmental paradigm of the work the authority to worker's health. With this, the l egal protection to the health and safety of the worker acquires greater consistency, the application of objective responsibility of the employer, using collective procedures, transversality of environmental law, the criminal liability of legal entities, am ong others. This core essence, "heart" of the fundamental right to the environment of work health the other hand, can be proposed as a non -dangerous irreversible health and safety of the worker, a center axis formed by respect for their human dignity, to d ecent work, the adaptability of the environment of work and the supervision of their health and safety impact with cross in several legal institutes, such as accidents at work, and easing of labor laws. That agreement, the protection of your environment at work mean the effective supervision, preventive and sanction, health and safety of the worker. Keyword: Environment of work . Essential content of the right . Health and safety of worker.
O tratado de cooperação amazônica: áreas protegidas e regimes ambientais
(Universidade do Estado do Amazonas, 2008-01-23) Torquato , Carla Cristina Alves; Costa, José Augusto Fontoura; Costa, José Augusto Fontoura
This work deals with the analysis of Amazon protected areas and territorially protected areas of the countries belonging to the Amazon Basin, Brazil, Bolivia, Colombia, Ecuador, Peru and Venezuela, through the Amazon Cooperation Treaty, signed the pledge to promote development harmony in the region through cooperation and reciprocity of efforts for the region's economic growth coupled with environmental protection. From this premise, the contracting parties to the Treaty seek to make efforts and joint actions and deeds are one of the systems of protected areas territorially in these countries, which had the basic construction of the Convention of Biological Diversity - CBD and the guidelines system of protected areas the International Union of nature conservation - IUCN and the construction of the same and what role these two instruments within international law. This is analyzed similarities, opportunities for harmonization or unification between the systems, the phenomenon of legalization, the function of the CBD and the system of protected areas guidelines of IUCN as soft law instruments , training and environmental change of a regime and the attempt the state constitutional cooperative as germ of a wider cooperation KEY-WORDS : PROTECTED AREAS, INTERNATIONAL LAW, AMAZON COOPERATION TREATY , LEGALIZATION, SOFT LAW, INTERNATIONAL REGIMES.
Políticas públicas, qualidade de vida e participação democrática: o direito à saúde dos povos indígenas em Roaraima
(Universidade do Estado do Amazonas, 2008-09-19) Anjos, Tereza Cristina Evangelista dos; Duarte, Clarice Seixas; Duarte, Clarice Seixas; Aith, Fernando Mussa Abujamra; Montardo, Deise Lucy Oliveira
This dissertation refers to the state juridical regulation instituted in Brazil with the purpose of protecting, promoting and recovering the indigenous people health through public policies. It intends to analyze if the existing juridical regulation of protection, promotion and recovery of the indigenous health is compatible with the related peculiarities of those people. The recognition of their way of life was constitutionally assured, for the first time in history, through the Brazilian Federal Constitution of 1988 in its article 231. It was verified that the involvement of those people, alone or in a collective way through their communities, as new actors in the social movements, has been generating new and peculiar forms of public policies elaboration. Especially concerning the protection, promotion and recovery of the specific and differentiated health of those people and their communities, the organization of Indigenous Special Sanitary Districts (DSEI’s), which is spaces that materialize and democratize the right to the health of those groups, deserves prominence. At the end of this dissertation, the Eastern Roraima Indigenous Special Sanitary District was analyzed in order to verify it’s potential as instrument of popular participation in the elaboration and in the social control of public policies, taking into account the theoretical model of juridical conception of public policies used in the current dissertation. Key words: Indigenous people, public policies, health, Indigenous Special Sanitary Districts, Brazilian Federal Constitution - 1988
A biopirataria e a apropriação dos conhecimentos tradicionais associados à biodiversidade da Amazônia Brasileira
(Universidade do Estado do Amazonas, 2008-09-27) Alencar, Aline Ferreira de; Dantas, Fernando Antônio de Carvalho; Minahim, Maria Auxiliadora; Dantas, Fernando Antônio de Carvalho; Minahim, Maria Auxiliadora; Fonseca, Ozório José de Menezes
The biopiracy is a non authorized appropriation of certain region genetic patrimony, including fauna, flora, microorganisms and traditional knowledge associated to biodiversity. This kind of activity happens in developing countries, including Brasil, especially in the Brazilian Amazon, region rich in biodiversity, that attracts the lust for natural sources, by countries with technology, however poor in biodiversity, who intends to manufacturate new products, obtaining great financial returns. Therefore the nature is seen like raw material, source of capital gains. In this context, the appropriation of the traditional knowledge associated to biodiversity, from the Indians people and traditional populations, depicts a powerful short cut to create new products, because using the bioprospection is possible to reach the good results with economic rationality. The biopiracy attempts against the national interest and human rights, for that reason there is a suggestion to punish this activity by the criminal law, considering the relevance of the object, the environment. Also, to curb on biopiracy, there is also a necessity to improve the surveillance in the Brazilian Amazon, investment in research, and the application of the information, education and environmental participation principles, as a way of combining the State and collectivity, to prevent this harmful activity to Brazil and the traditional knowledge keepers. Keys-words: Biopiracy. Traditional knowledge biodiversity related. Brazilian Amazon. Genetic patrimony.
Conflitos sociambientais urbanos: o caso da revitalização de igarapés da cidade de Manaus
(Universidade do Estado do Amazonas, 2008-09-29) Azevedo, Renildo Viana; Shiraishi Neto, Joaquim; Lima, Rosirene Martins; Shiraishi Neto, Joaquim; Lima, Rosirene Martins; Jacinto, Andréa Borghi Moreira
The social-environmental conflicts are an urban "new" type of social conflict, originates from the ownership of the environmental discourse by governmental agencies and various stakeholders, as an argument for protection and promotion of the interests that are at stake. The plans of action and intervention promoted by governmental agencies to preserve and protect the environment come into conflict with the interests of parts of the population, usually taken by governmental agencies as causing environmental degradation of the affected areas. Conflicts resulting from this process represent a new component of a struggle for the city. In this case, the environmental law is exerting a major role in formulating concepts and legal standards capable of creating realities and of imposing design of a city. Due to the ownership of the environmental discourse by the state and various social agents, it is possible to relativize the notion of universal respect for the environment, where everyone would be interested in protecting. From the study of urban intervention of the State Government in streams of Manaus, seeks to examine the role of law in the development of this process, where you can watch the raising of environmental separate speeches, which are antagonized by explaining the conflict living there. Keywords: Social-environment Conflicts, Law, Revitalization, “Igarapés”