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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Resultados da Pesquisa
Item O adicional de penosidade e a de efetivação do direito humano fundamental ao meio ambiente do trabalho saudável(Universidade do Estado do Amazonas, 2023-02-28) Ferreira, Magdalena Araujo Pereira; Silva, Tulio Macedo Rosa e; Melo, Sandro Nahmias; Boucinhas Filho, Jorge CavalcantiThe present work aims to analyze the possibility of realizing the fundamental human right to a healthy work environment in the face of the lack of regulation of the additional hardship, provided for in art. 7, XXIII of the Brazilian Federal Constitution. To this end, general aspects of the environment and the legal nature of the work environment were analyzed, considering it as a fundamental human right and classifying it as a diffuse right of the 3rd dimension. The structuring principles of the work environment were addressed, with emphasis on the principles of human dignity, prevention and precaution for the environment, the polluter pays, sustainable development, as well as the apparent antinomy between the norms that determine the reduction of the risks inherent to work (art.7, XXII of the CRFB) with the possibility of remuneration for painful, unhealthy or dangerous work provided for constitutionally (art.7, XXIII, of the CRFB) and the question of the existence, validity and effectiveness of the legal norms and the horizontal effectiveness of fundamental rights. In addition, the norms for the protection of workers' health and safety were observed at the international level, with an analysis of the main ILO conventions (155 and 161), constitutional and infraconstitutional norms, which aim to eliminate risk and ensure a safe and secure work environment. In conclusion to the proposed problem, an analysis was presented on the lack of regulation of the additional hardship and the ways of realizing the fundamental human right to a healthy work environment. In conjunction with the study, the appreciation of the forms of perverse work (thus considered unhealthy, dangerous or painful activities), the projects to regulate the additional burden of hardship, the performance of the Judiciary and examples of painful activities, such as working in the sugar cane cutting, bus drivers and collectors and the public service of urban public cleaning. Thus, research on the subject is significant so that, under the norms and principles that govern environmental law, it is possible to outline paths that can guarantee a healthy quality of life for workers, regardless of the existence of ordinary laws regulating the aforementioned additional.Item Amplitude do Conceito Jurídico de Futuras Gerações e do Respectivo Direito ao Meio Ambiente Ecologicamente Equilibrado(Universidade do Estado do Amazonas, 2011-07-29) Ramos Júnior, Dempsey Pereira; Silveira, Edson Damas da; Silveira, Edson Damas da; Melo, Sandro Nahmias; Barbosa, Walmir de AlbuquerqueThis work deals with intergenerational legal relations instituted by article 225 of brazilian Federal Constitution. That legal provision launches, in brazilian environmental law, a kind of relation formed by intergenerational solidarity links, that connects different generations around the defense and preservation of the ecologically balanced environment duty. Within this theme, the work looks for the legal concept of future generations, presenting objective criterions able to define the frontiers that set apart a present generation from a past generation and a future generation. Considering that the mentioned constitutional provision refers to a fundamental right − ecologically balanced environment −, and that this right is assured both in favor of the present generation, as the future generations; there is a right colision in the intergenerational field. Before this problem, the work presents decision techniques, criterions and methods to resolve intergenerational rights colision, avoiding the annihilation of both parts‟ rights: present generation and future generations. As a method, the work makes use of an hypothetical nuclear accident case, supposedly ocurred in Brazil under the Federal Constitution of 1988, to exemplifies the amplitude of environmental damages caused against interests of future generations. Based upon official data produced by International Atomic Energy Agency, the work shows which solutions the brazilian legal order offers to a kinf of disaster whose effects can spread out along 310.608 years. The objective is to evidence the amplitude and the limit of future generations right. Before this hiperdilated time extention, typical of environmental matters, the work deals with an epsitemological problem known as environmental law time paradox. To resolve this problem, the work proposes the incorporation of space-time astrophysics concept by law theory, making use of the autopoietic systems theory, developed by Luhmann and Teubner. As result, a decision technique emerges at law disposal, able to conciliate the past, the present and the future, by means of transgenerational sentences.Item Do Princípio da Dignidade da Pessoa Humana e o Conhecimento Tradicional Associado ao Manejo Pesqueiro: um estudo de caso na Comunidade Santo Antônio do rio Urubu, no município de Boa Vista do Ramos – Amazonas(Universidade do Estado do Amazonas, 2011-09-29) Aguiar, Denison Melo de; Camargo , Serguei Aily Franco de; Camargo, Serguei Aily Franco de; Silveira, Edson Damas da; Fraxe, Therezinha de Jesus PintoThe main objective of this dissertation is the theoretical study of the principle of human dignity and the protection of the traditional knowledge associated with the fisheries management in its interface. In the factual level the fishing agreements at Comunidade Santo Antônio do Rio Urubu in Boa Vista do Ramos in the State of Amazonas, Brazil are examined. The study is justified as follows: a) in the social side - there is a real need for indigenous peoples and traditional communities to participate in the management of the fisheries resources, based in their traditional knowledge and b) on the legal side - the fishing agreements are formal rules, originated from the community uses and customs about the fishing resources, constituting a kind of traditional knowledge protection. The general objective is to analyze the relationship between the principle of human dignity and the traditional knowledge associated to the fisheries management, via a case study of the Fisheries Agreement No. 11, from March 20, 2003 in the community above. In summary, one can conclude that in the foreground, that is necessary to elaborate a principle which corresponds to a collective reality, incorporating the principle of human and community dignity, as well as in designing a principle of human dignity that can be manipulated as information in decision- making and the fisheries agreement, in order that they have effectiveness, efficiency, efficacy on the principle of human and community dignity in the the fisheries agreement. So the interface between them is evident in the ecological dimension of the principle of human dignity, especially when it comes to the fishing agreements as a means of socioenvironmental conflict resolution and traditional knowledge protection related to the fisheries management. Concerned to to above community in factual terms, the relation between principle of human dignity and the traditional knowledge relating fisheries management in this fishing agreement is the formation of a etnoictiological law. Community participation ranged from preparation to implementation, albeit it is necessary their greater participation in terms of the assessment and monitoring of fishing agreements. It is suggested that to have better fiscalization is necessary to training voluntary environmental agents in the community and with stakeholders, in monitoring, articulate alliances with research groups from universities and institutes in the fishing sector. Concerning to the assessment, it must have a better mutual stakeholders monitoring in the preparation of fishing agreements. Therefore, it necessary a better political articulation of the community and the stakeholders in the fishing agreements, as the political articulation is existential, as when they receive dental care and medical assistance and dental group Americans and with the City of Boa Vista Ramos. From all this, the fishing agreements can be an instrument of political communities to be effective, even in part, the principle of human and community dignity through traditional knowledge associated with the fisheries management.Item O modelo de regulação do programa nuclear brasileiro e suas implicações com os princípios da precaução e prevenção(Universidade do Estado do Amazonas, 2014-05-20) Braga, Dimis da Costa; Silveira, Edson Damas da; Silveira, Edson Damas da; Marques, José Roque Nunes; Pozzetti, Valmir CésarThis paper proposes a critical analysis of the regulation of the nuclear power program in Brazil, in comparison with the principles of precaution and prevention, and suggests the need for public debate on the issue of energy, do that government and society to democratically define the optimal energy mix for the country. After discusses sustainable development correlated to citizenship in accordance with the Federal Constitution of Brazil of 1988, describes the history of nuclear energy in the world, and particularly in Brazil, analyzing the risk of damage that can cause to the environment and people. In order to understand the logic arising out from the nuclear model proposed in Brazil, indicates the evolution of the Brazilian experience and the impact of the deployment of nuclear energy project, from the agreement between Brazil and Germany in the 1970s. Finally, comments the duties of the Comissão Nacional de Energia Nuclear - CNEN and its contradictions in relation to sustainable development anchored on the principles of precaution and prevention as key elements Environmental Law.Item O ipi como instrumento indutor da utilização de matéria prima reciclada objetivando a preservação do meio ambiente(Universidade do Estado do Amazonas, 2014-08-29) Maia , Polyanna Cecília de Menezes; Badr, Eid; Badr, Eid; Filho, Erivaldo Cavalcante e Silva; Marques, José Roque NunesAs the art standard. 225 CFRB/88 of the right to an ecologically balanced environment is a fundamental right, occasioning, therefore, a positive state conduct, which covers not only the executive but also the legislative and the judiciary. But the constituent divided the responsibilities between government and the community, therefore, the Government or the collectivity infringe constitutional law when they allow or omit before conduct detrimental to the environment. Over the years the world has been facing the consequences of growth and technological advancement, given that a capitalist society uses natural resources to promote economic growth. Such advances will undoubtedly encounter with the concept of sustainable development. And yet, it can be stated that contemporary society is a risk society. For despite the pursuit of effectiveness of the precautionary principle in order to minimize certain risks, the exorbitant production of solid waste prevents the current scientific knowledge of all risks. The production of solid waste is not only an Australian problem but a global problem, especially in developing countries. And still aggravating to have such a problem it is the projection of that in coming years the production of solid waste will double. Therefore the state and society in general can not remain silent on this factual context. So one alternative is to encourage the use of recycled raw materials in industrial processes, through extrafiscality IPI. Such an alternative may be able to achieve the objectives of the National Policy on Solid Waste more effectively, as the reduction and not solid waste, become more competitive recycled products and give greater effectiveness to the precepts of art. 225 of the Constitution.Item Improbidade administrativa: não realização de estudo de impacto ambiental para obras públicas(Universidade do Estado do Amazonas, 2014-03-15) Costa, Luiz Claudio Pires; Badr, Eid; Badr, Eid; Mota, Maria Nazaré Penha Vasques; Marques, José Roque NunesConcern for the environment has been more evident incessantly by recognizing their need to maintain their quality of life and to humans in its various aspects , so it was inserted in the Constitution as a fundamental right . Every day new or modifications of existing mechanisms arise in order to meet that goal , making the same groups of extra - procedural and procedural provision for such legal protection instruments . Being a collective good , the State has the largest share of responsibility in this preservation, making it create or enhance mechanisms that assist in this maintenance. The prevention of such events always proven to be the best way to avoid them , considering that the occurrence of some types of damages are impossible to be reversed , accordingly, the Preliminary Assessment of the Impacts of works and projects proved to be the most effective mechanism to protect that diffuse well . The allocation of evaluation studies that demonstrate these impacts , as well as licensing for implementation of these projects is the responsibility of the State , which shall give always to the observance of constitutional principles hallmarks of Public Administration . Failure to comply with these principles can and should be characterized as administrative misconduct , regardless of hierarchical level or position of the offending agent and , regardless of the findings of the civil and criminal spheres , because they are designed to maintain a fundamental right safeguarded by the state.Item Direito à desconexão e meio ambiente do trabalho(Universidade do Estado do Amazonas, 2016-03-28) Leite, Karen Rosendo De Almeida; Melo, Sandro Nahmias; Silva Filho, Erivaldo Cavalcanti e; Gomes, Sebastião Marcelice; Melo, Sandro NahmiasEl trabajo tiene como objetivo presentar el impacto que la introducción de las nuevas tecnologías han causado en el ambiente de trabajo, que afecta a una serie de derechos garantizados por la Constitución. Para una mejor comprensión del tema, se tratan inicialmente el medio ambiente y el derecho ambiental, el derecho al desarrollo y el progreso tecnológico, haciendo una visión teórica necesaria para el análisis de la existencia de un derecho de desconectar, el derecho a desconectar del ambiente de trabajo, derecho considerado por el autor como fundamental y necesario a la protección de otros derechos garantizados por el ordenamiento constitucional. Por último, se presentaron propuestas de solución a el aparente conflicto entre el derecho a un medio ambiente equilibrado y el derecho al desarrollo, mientras la introducción de nuevas tecnologías y también se presenta el concepto de daño existencial y contextualizados como daño causado al ambiente de trabajo, con la introducción de las nuevas tecnologias, puede importar este tipo de daño.Item Conflitos ambientais e de pesca: o caso do rio Arari e a regulamentação do acordo de pesca(Universidade do Estado do Amazonas, 2012-04-10) Dias, Bianca Gabriela Cardoso; Camargo, Serguei Aily Franco de; Camargo, Serguei Aily Franco de; Filho, Erivaldo Cavalcanti e Silva; Freitas, Carlos Edwar de CarvalhoSince the establishment of the Social Contract that Rousseau spoke, society agreed to leave individualism to legitimize a transcendental entity, the State, to regulate its dynamics, being able to edit this normative elements that regulate the community life in order to achieve estimated as the social peace. Occurs that, although the theory of the State so dictate, in many cases the state entity cannot cover the variety of situations that are presented by social life, especially in those countries with continental dimensions like Brazil, especially in the Amazon region. However, it is not only this factor that presents itself as a barrier to access by state agencies, but also an unique feature of the area: the great cultural diversity. It is known that the most isolated regions of the Amazon, especially in the state of Amazon have their own normative systems, far from the state approval, but practiced fully by community members, regardless of whether such Community rules go against the national legal system or not. In this sense, becomes important to perform a study on the possible conflict between the local customary law and national law, tracing outlines about its occurrence and verifying actual cases experienced by communities that live their lives there. With this in mind, this study will focus on the looks for issues relating to conflicts of fishing tools used by fishing communities to regulate local and regional interests, allowing the management of natural resources in order to contemplate the reality experienced by coastal communities, specifically contemplating the case of Arari River, passing from the formation process of formalization of the agreement, reaching its effective results in the community.Item A responsabilidade civil do estado em face dos depósitos irregulares de resíduos sólidos no Estado do Amazonas(Universidade do Estado do Amazonas, 2016-06-27) Santos, Silvia Helena Antunes Dos; Melo, Sandro Nahmias; Melo, Sandro Nahmias; Feitoza, Paulo Fernando de Britto; Marques, José Roque NunesThe epicenter of the search reside in civil Research About State responsibility in face of irregulars Deposits of Solid Waste. Address - will be appreciated the dilemma of Production and solid waste disposal, tracing hum analytical diagnosis of the situation of the Municipal Solid Waste Management in the Amazonian capital, investigating the path traversed hair from Waste Your Descartes Up to a destination, final landfill OS, the que this measure dynamics and the cause of the search problem, the maintenance of landfills toilets, IN Being a consequence, as State measures and private Implementation of opened Guidelines For Law que establishing the National Policy on Solid Waste, and how laws State entailed BY configure the Power - Duty, investigating how environmental impacts resulting possibilities to Political treatment's Issues, paragraph At the end of the TREAT State responsibility in face of legal obligations.Item Ações subsidiárias do exército brasileiro na garantia da preservação do meio ambiente em faixa de fronteira da Amazônia ocidental(Universidade do Estado do Amazonas, 2013-08-27) Rodrigues, Marcelo Moraes; Filho, Erivaldo Cavalcanti e Silva; Filho, Erivaldo Cavalcanti e Silva; Feitoza, Paulo Fernando de Brito; Barbosa, Walmir de AlbuquerqueThe region of band of border of the “Amazônia Brazilian occidental person” possesss innumerable ecosystems that must be protected by the State in result of some factors to contribute for the degradation of the environment in the localities extreme of the country, this occurs in relation to the withdrawal irrational of natural resources, the not sustainable development and the occurrence of ambient crimes. In this manner, the presence becomes important accomplishes of the public power to prevent the occurrence of these facts, the “Armed Forces”, particularly the terrestrial force to militate, possesss organizations invades in strategical points of the domestic territory, in this way its presence helps in the preservation of the natural resources, and in the proper format of development of these regions. The present research was carried through with approach in the bibliography, legislation and circumscribed documentation to the subject, possesss as target to understand the paper of the “Brazilian Army” in the relative questions the occured ambient crimes in Amazonian bordering area, also it searchs to show the subsidiary actions that involve the preservation of the environment and, the relation with the traditional communities that they inhabit specific localities, as well as: to identify aspects of the “Ambient International law” capable to influence the national sovereignty. The object of this inquiry involves the bordering arc located in the portion the northwest of the Amazonian, noticed, the city of “Is Gabriel of the Waterfall” approaches the principles of the sustainable development, precaution and polluting agent-payer. Due to possibility of the activities exerted in the neighboring countries to cause eventual damages to the nature contained in the ground national and also the carried through ones in Brazilian lands to affect neighboring ecosystems were brought to quarrel the problem of the relativity of the sovereignty. It also presents the question of the power of policy of the army in advantage of the protection of the environment, shows its legitimacy to accomplish destined actions to prevent and to restrain ambient crimes. It chooses the region of Are Gabriel of the Waterfall for presenting land overlapping of the Union with Unit of Conservation of the too much federative beings and aboriginal lands, showing the implications for the protection of the environment.