DISSERTAÇÃO - PPGDA Programa de Pós-Graduação em Direito Ambiental
URI permanente para esta coleçãohttps://ri.uea.edu.br/handle/riuea/2277
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27 resultados
Resultados da Pesquisa
Item Zona Franca De Manaus: Compliance como instrumento de preservação ambiental(Universidade do Estado do Amazonas, 2024-07-03) Carvalho, Denise Beatriz Magalhães de Figueiredo; Ribeiro, Gláucia Maria Araújo; Nogueira Júnior, Bianor Saraiva; Teixeira, Heloysa SimonettiThis research deals with the Manaus Free Trade Zone, addressing its historical origin, its regulatory frameworks and its general impacts on the region, with special attention to the environmental impact. In this sense, an approach to environmental compliance is made in the context of the Manaus Free Trade Zone, providing a brief overview of its origin, its guiding aspects, its interconnection with policies related to the environment and analyzing compliance as an effective instrument for environmental preservation. from a legal perspective. This study also seeks to bring the relationship between the Courts of Auditors and compliance with a focus on the regulatory and supervisory role of the institution for compliance with this instrument, also presenting the report of the Federal Court of Auditors in relation to the public policy of the Manaus Free Trade Zone.Item Política nacional de educação ambiental: a educação ambiental como meio de estratégia para construção de um futuro sustentável(Universidade do Estado do Amazonas, 2024-04-19) Diógenes, Ana Flávia Monteiro; Souza, Alcian Pereira de; Ribeiro, Gláucia Maria de Araújo; Seixas, Bernardo Silva deThis research aimed to discuss the strengths and weaknesses of the National Policy of Environmental Education, implemented by Law 9,795/1999, recognizing its importance for the construction of a more environmentally conscious and committed society. To achieve this general objective, specific objectives included understanding the general aspects of environmental education, discussing the guiding principles of Environmental Law in the Brazilian legal system, and reflecting on the National Policy of Environmental Education Law from the perspective of strengthening popular participation. The adopted approach was deductive, starting from general constructions to specific aspects of the National Policy of Environmental Education, particularly its strengths and weaknesses. The procedure method was descriptive, exploring and describing issues related to environmental education. The research technique used was bibliographic review, seeking elements in doctrine, articles, legislation, and other sources to understand the phenomenon under study. Throughout the study, the importance of formal environmental education in building a more sustainable and conscious society was highlighted. It was recognized that environmental education promotes awareness, understanding of interactions between humans and the environment, and provides knowledge about ecosystems, biodiversity, and natural resources. Despite the advances provided by legislation, such as the mandatory nature of environmental education at all levels of education and teacher training, weaknesses compromising its effectiveness were identified. These include the lack of implementation of Environmental Law principles, the isolated approach to environmental education, and the lack of clear strategies for popular participation in environmental management. Therefore, measures such as promoting popular participation, integrating environmental themes transversally into school curricula, and continuous teacher training were proposed to strengthen environmental education in Brazil. It is concluded that continuous reflection on environmental education and seeking ways to make it more effective are necessary, thus ensuring the preparation of future generations to face current environmental challenges.Item A lei pro-águas como ferramenta de implementação de sistema de tratamento de esgoto em condomínios residenciais de Manaus(Universidade do Estado do Amazonas, 2024-04-17) Breves, Luciana de Souza; Silva Filho, Erivaldo Cavalcanti e; Vieira, Guilherme Henrich Benek; Silva, Túlio Macedo Rosa eThe study, developed based on bibliographical research, uses the deductive-descriptive method, with the main objective of analyzing Municipal Law 1,192/2007 (Pro-Águas) as an environmental tool for adapting the sewage treatment system of construction projects. Manaus built before the law came into force, which would, in theory, include residential condominiums in an urban area that circulate more than 40 people per day. The article develops with a historical-philosophical excursion into the nature-man relationship, in order to contextualize the research, mainly within an Amazonian panorama, and understand the reasons why today it is necessary to think about ways to realign this relationship between human beings and nature, through the idea ofan ecologically balanced environment, already constitutionalized in the Brazilian legal system as a fundamental right. Next, the concept of sustainable development and its relationship with basic sanitation are discussed; with the urban development policy and fixation of municipal competence; and with the legislative history of the Public Basic Sanitation Policy in Brazil, relating them, finally, to the Pro-Water Law. Finally, we sought to criticize the mandatory installation of a sewage treatment system in residential condominiums built before legal validity (and already having another type of sanitary sewage approved at the time of their construction), without the law municipality has addressed well-defined legal categories and hypotheses, nor enforceable deadlines, reflecting, therefore, whether Pró-Águas is an effective and sufficient tool to achieve, in practice, the intended environmental objectives.Item O princípio da solidariedade intergeracional e o acesso à água potável: o caso das comunidades ribeirinhas da reserva de desenvolvimento sustentável Mamirauá(Universidade do Estado do Amazonas, 2024-02-22) Paiva, Lucyléa Thomé de; Silva Filho, Erivaldo Cavalcanti e; Seixas, Bernardo Silva de; Souza, Alcian Pereira deWater, as an environmental asset essential to humanity, is protected by the 1988 Federal Constitution in a relationship formed by bonds of intergenerational solidarity, since natural resources must be conserved for future generations in an ecologically balanced environment. Despite its essentiality, water is still a scarce resource in many regions of Brazil. In this sense, this research addresses the issue of access to drinking water in the region of the Mamirauá Sustainable Development Reserve and the effectiveness of public policies on access to water in the region, since the right of access to water is intrinsically linked to human dignity. The aim of this research is to analyze the effectiveness of public policies on access to drinking water for riverside communities in the Mamirauá RDS region and future generations. To this end, the methodology used in this research has a qualitative approach, hypothetical-deductive method, using eminently bibliographic and documentary means. It was concluded that existing public policies and current water protection legislation are not fully effective in terms of access to drinking water in the Mamirauá RDS region, since they do not take into account the social reality and geomorphological specificities of the floodplain region. Despite the efforts of social actors in the region, such as the Mamirauá Institute, the proposed projects need public funding and state legislation needs to be adapted.Item Realidades e perspectivas sobre o plano de resíduos sólidos na cidade de Manaus.(Universidade do Estado do Amazonas, 2024-03-05) Rage, Edvania Barbosa Oliveira; Souza, Alcian Pereira de; Ribeiro, Gláucia Maria de Araújo; Seixas, Bernardo SilvaThis research aimed to analyze the reality and perspectives on the Solid Waste Plan in the city of Manaus. Over the years, several laws have been created aiming to protect the environment, such as Law no. 6,938 of August 31, 1981, which provides for the National Environmental Policy (PNMA), in balance with the protection of socioeconomic development, starting to act in the educational, technological and sanitation areas. With the advent of this law, the environment began to be protected and supported, being considered a public asset with a view to collective use. The Constitution of the Federative Republic of Brazil (CRFB/88), established in its article 225, the environment as a common good for the people, essential to the quality of life, and that both the Public Power and the community have the duty to preserve it for present and future generations. The development, implementation and evaluation of these public policies are fundamental to environmental sustainability. In 1998, Law no. 9,605, known as the Environmental Crimes Law, which provides for criminal and administrative sanctions arising from conduct and activities harmful to the environment. Subsequently, Law no. 11,445/2007, which defined basic sanitation as the set of services, infrastructure and operational facilities for water supply, sewage, urban cleaning, urban drainage and solid waste and rainwater management. This Law is considered one of the milestones that highlight the importance of adequate waste management. Thus, almost 20 years after the beginning of discussions on waste management, the National Solid Waste Policy (PNRS) was established, through Law no. 12,305/2010, regulated by Decree no. 7,404/2010, which represents a national landmark in relation to environmental issues, as it establishes, through shared responsibility, the obligation on the part of both the Public Power and society to properly dispose of their waste. In terms of public policies aimed at research, it is noteworthy that the state of Amazonas enacted Law n. 4,457, even late, which establishes the Amazonas State Solid Waste Policy (PERSAM), in accordance with the guidelines defined in Law no. 12,305/2010 which established the PNRS. The year 2014 was the deadline for closing landfills according to what was established in the PNRS, which should be replaced by landfills or other environmentally appropriate technologies, however, this goal was not achieved by the majority of Brazilian municipalities. Therefore, the research concluded that this scenario of final disposal of solid waste in the city of Manaus is a major problem for both human beings and the environment, which involves the construction of a sanitary landfill located in a Preservation Area of Tarumã, where it has been the target of criticism, as an open dump in this region can cause several environmental problems, in addition to affecting the safety of aircraft flights that use Eduardo Gomes International Airport. The scientific method adopted was deductive, in terms of means, the research was bibliographic and documentary with consultation of doctrine, legislation, jurisprudence, periodicals, magazines and public documents and, in terms of purposes, the research was qualitative.Item Áreas públicas em situação de abandono e a responsabilidade civil objetiva do estado(Universidade do Estado do Amazonas, 2024-04-18) Pereira, Angela Angeline Martins Rocha; Silva, Túlio Macedo Rosa e; Badr, Eid; Bentes, Dorinethe dos SantosThe institute of civil Liability and environmental protection are two victorious advances in modern society. Since the promulgation of the 1988 Constitution, the public authority and society have a duty to preserve and defend the environment for present and future generations. Along the last decades, the normative environmental protection and the jurisprudence were reinforced and improved in favor of the implementation of fundamental rights, including through the use of judicial liability, representing a relevant environmental protection instrument. It turns out that, despite all the progress already achieved, the country continues to deal with latent environmental issues, completely contrary to the constitutional normative order. This dissertation will begin with a panoramic analysis of the historical formation of the dynamic institute of civil liability, highlighting its doctrinal and mainly normative advancement. It continues with the analysis of the effectiveness and application of the institute internally, highlighting its requirements and elements applicable today. At the end, it will discuss public areas and the possibility of applying objective civil liability to the detriment of the state for omissive conduct when characterized by the abandonment of a certain public space. The methodology used in this research was the deductive method, after analyzing the information, to reach the final result. The means used to carry out this research were doctrine, legislation and jurisprudence, as well as documents available on the websites of the global computer system (internet) of public and private organizationsItem Saúde digital no meio ambiente do trabalho(Universidade do Estado do Amazonas, 2024-04-19) Ribeiro, Adriano Cezar; Melo, Sandro Nahmias; Ferst, Marklea da Cunha; Almeida, Carla Vidal GontijoThis research seeks to contextualize workers' right to digital health. In this area, discussions range from the genesis of man as a modifier of the environment in which he is inserted to hypotheses of the working environment in the metaverse, demonstrating the creation, development and trends that involve the construction of the worker's right to a healthy quality of life in the environment. digital/virtual environment. Parameters are created in this discourse of hyper connectivity and digital dependence that we are part of in our daily lives, as building activities of any nature without dependence on the internet, a smartphone or social networks is an almost impossible configuration to think about in any activity that involves propose to do it today. This context involves teleworking, home office, home work or immersive virtual environment (metaverse); The worker involved in these aspects has inherent rights to health. Digital health in this research does not mean the manifestation or form of the application of medicine in distance treatments through sensing and personal interaction technologies, but rather the right to balanced health, a healthy quality of life, the right to disconnection, the minimum vital level and conditions of predictability and precaution in the chances of avoiding occupational diseases, all with the aim of guaranteeing the healthy development of work in the digital/virtual work environment. The research method applied is qualitative exploratory research, seeking to understand the topic in its general aspect, based on bibliographic analysis and observations taken from books, scientific articles, doctoral theses, laws, doctrines, jurisprudence and internet research, in addition to analyzing lectures, podcasts and films, until we obtain the necessary filter to approach specific points. The general objective is to understand the worker's right to digital health in their work environment, with specific objectives being the understanding of the genesis of the work environment, the temporal development through the industrial revolutions until the formatting of the digital/virtual environment and a proposal on workers’ right to digital health. We lack works that address this topic in its entirety, which is why it is necessary to go a little further than traditional research and grammatical interpretation, making it necessary to create options for scenarios that can be used and confronted with the possibilities already experienced and already consolidated data. In this case, hypothetical-deductive situations are used, starting from the general to reach the specific points proposed. The law must accompany social evolution as quickly as it happens, this work is a grain in the construction of this cutting-edge subject, demonstrating the need for its regulations, so that technology can be an ally factor in the development and aggrandizement of us all.Item Soluções tributárias para falhas de mercado no uso de sacolas plásticas descartáveis(Universidade do Estado do Amazonas, 2024-04-23) Hübner, Ricardo; Rocha, Paulo Victor Vieira da; Araújo, Gláucia Maria de Ribeiro; Branco, Carolina Nobre CastelloThis study aims to provide a legal analysis of the use of tax rules to correct market failures related to the use of disposable plastic bags. Thus, the objective was to answer the question: is taxation a mechanism capable of mitigating market failures due to physical origin, externalities and collective goods to discourage the use of single-use plastic bags and charge the social cost against the polluter? If so, what tax rules can be used? In the first chapter, will be analyzed the debate between Pigou and Coase on externalities and the concept of market failures. Also, will be identified those market failures that directly impact public policies to discourage the use of single-use plastic bags. In addition, some difficulties inherent to tax solutions will be presented and will be used the proportionality control to compare tax, restrictive and prohibitive policies. After that, will be analyzed the need of track the impact of extrafiscal rules, through clear rules for evaluating regulatory impact. In the second chapter, will be demonstrated the conceptual differences between environmental taxes (green taxes) and environmentally-oriented taxes. Afterward, the study will focus on environmentallyoriented taxes. In the third chapter, will be analyzed the tax solutions for market failures in the use of single-use plastic bags, such as: granting incentives for investment, tax creation, increase and reduction of taxes. The research results indicated that green taxes and environmentally-oriented taxes are valid solutions to reduce market failures related to the use of single-use plastic bags.Item Direito animal: histórico e perspectivas(Universidade do Estado do Amazonas, 2024-02-22) Miranda, Kanthya Pinheiro de; Ferreira, Patrícia Fortes Attademo; Cavalcanti, Carla Cristina Alves Torquato; Maia, Maurílio CasasThis work thesis aims to demonstrate a new way of thinking about protection rights dedicated to non-human animals, within the perspective of the national legal system. In an attempt to ward off anthropocentric ideals, that still very influent in Brazilian laws, this paper shows the need to attribute specific fundamental rights to these sentient beings, with therecognition of their value as living creatures that deserve dignity. Throughout the research, is demonstrated the important role of fundamental rights for the protection of basic rights, and the function of the status of dignity, currently attributed only to human beings. Based on an analysis of the most important laws on the subject and on the main theories that justify animalprotection, it is proposed a reflection on how animals are treated by Brazilian legislation and by society, stressing the urgent need for a change of paradigms about these living beings, so that their protection by the legal order can be done in a more relevant and effective way.Item 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 TupinambáThis 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.
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