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 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 Tutelas jurisdicionais de urgência em reação ao dano ambiental no novo código de processo civil(Universidade do Estado do Amazonas, 2016-08-02) Barbosa Junior, Vitor Berenguer; Badr, Eid; Badr, Eid; Melo, Sandro Nahmias; Gomes, Sebastião MarceliceThe life in society, in order to be harmonic and peaceful, needs clear, precise and accessible rules, and that materializes trough the law. The jus positum projects itself to not only establish parameters to the individuals living in the same space, but also align their relations with the environment. The relations transcend the merely human range to reach the environmental range. Nevertheless, the existence of rules don’t assure the effectiveness tutelage of those rights, there are needs of useful tools that ensures the effectiveness of those constituted norms, therefore, the procedural law acquire a prominent role of a legitimate instrument that ensures the tutelage of the violated or threatened right throughout him. Concerning the environmental law, that subject gets even more complex configuration, because, beyond the necessity of that instrument to ensure the jurisdictional tutelage, and that is the due process of law, there is a need of celerity end effectiveness over the process, itself. In this current year occurred that the New Civil Procedural Code had invigorated, crafted with the purpose to ensure better cohesive text e closer proximity with the norms and constitutional principles, such an instrument has in its core the urgency tutelage, and that, in our vision, is the main disposed procedural instrument regarding the environmental protection.Item O corredor ecológico urbano do Mindu: ações do poder público municipal e participação da coletividade(Universidade do Estado do Amazonas, 2011-02-21) Norte Filho, Antônio Ferreira do; Camargo, Serguei Aily Franco de; Camargo, Serguei Aily Franco de; Fonseca, Ozório José de Menezes; Barbosa, Walmir de AlbuquerqueThe special protected areas consist of the constitutionally protected environmental perimeters, where the definition, creation and management are the responsibility of the Public Authorities. The development of systematic actions aimed at environmental management in Brazil planned territorial demands the establishment of public policies to be developed in a sector with a view to the needs of environmental protection, is fundamental for the establishment of territorial management in the field of integrated environmental policies public, a public-institutional vision, consolidated in the integrative character of the actions of the Government and the participation of the society addressed the environmental good, as well the use of all common and necessary to a healthy quality of life. The Ecological Corridors consist of large continuous forests consist of a network of protected areas - UC's, interwoven with the human occupation, as well as different forms of land use, aiming at the quality of life, biodiversity protection, rescue Eco-territorial region, improving the climate, retention of rainwater and water resources protection; through a strategy focusing on the participation of the community through integrated policies, creating alternatives to the development of minimal impact practices under these special protected areas. The city of Manaus created in 2008, by Municipal Decree No. 9329 of October 26, 2007, the Ecological Corridor Urban Igarapé Mindu, which, according to the Municipal Development and Environment (SEMMA) has become the Ecological Corridor of the country first conceived in the urban area. In 2009, the State Government of Amazonas has built a corridor called the Avenue of the Towers, with approximately 6,800 meters long, consisting of an integrating factor of the Northern, Eastern and Central South of Manaus, forming an alternative path in the municipal level, allowing the flow of traffic from this city, however, creating a geographic split in the path of the Ecological Corridor Urban Mindu, when the Japanese colony. Thus, both economic development and protecting the environment translates into constitutionally provided rights and duties and taxes and that, especially in terms of rights, means that they are not antagonistic to each other and should be designed in a possible conciliatory perspective, seeking the realization of the so-called sustainable development.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 O direito urbanístico como instrumento de defesa ao meio ambiente: a construção de uma sadia qualidade de vida na cidade de Manaus(Universidade do Estado do Amazonas, 2016-06-03) Scheffler, Stéfano Guimarães; Melo, Sandro Nahmias; Melo, Sandro Nahmias; Silva Filho, Erivaldo Cavalcanti e; Dias, Mônica Nazaré PicançoMotivado únicamente por la satisfacción de sus necesidades y, supuestamente, por la búsqueda de una cómoda (pero no necesariamente sana) calidad de vida, la voluntad del hombre sobresale ya hace algunos siglos: deforestación, contaminación de aguas, calentamiento global, descubrimiento de la energía eléctrica, quema de combustibles fósiles, el acto de pavimentar y asfaltar las calles, construcciones en mampostería, terraplén de cuerpos de agua, desecho inadecuado de residuos sólidos, experimentos nucleares, entre muchos otros actos que damnifican al medio ambiente, son algunos de los ejemplos dados. El medioambiente, tratado por el hombre como si tuviera infinitos recursos y una interminable capacidad de recuperación, resiste a las embestidas. Se muestra en realidad debilitado, pero todavía existente. Omnipresente, ya demuestra su reacción a los ataques sufridos, lo que provoca que el hombre moderno, consciente de su vulnerabilidad, intente encontrar maneras de buscar una sana y sustentable calidad de vida. Esta tesis presenta como problemática el siguiente cuestionamiento: si la relación del hombre con el medioambiente es inevitable y debe estar guiada por el respeto reciproco, tanto en atención a las necesidades humanas como a los recursos finitos del medioambiente, ¿de qué manera el Derecho Urbanístico puede ser utilizado como herramienta para la construcción de una efectiva y sana calidad de vida? El objetivo general de la investigación es analizar este proceso de construcción - mediante la previa preservación del medioambiente, tal como lo prevé el artículo 225 de la Constitución de la República Federativa del Brasil – utilizándose, para tanto, de los elementos brindados por el Derecho Urbanístico, ciencia relativamente nueva, pero que condensa elementos que pueden tornar esta inevitable relación más benéfica para la humanidad y el medioambiente.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 Tributação Ambiental: a extrafiscalidade como instrumento estatal de preservação do meio ambiente(Universidade do Estado do Amazonas, 2011-04-25) Badr, Fernanda Matos; Saleme, Edson Ricardo; Saleme, Edson Ricardo; Gomes, Victor André Liuzzi; Barbosa, Walmir de AlbuquerqueThe present study, considering the fact that nowadays we can not conceive the development process decoupled from the idea of environmental protection and preservation, investigates the principles, standards and administrative instruments and procedures of environmental law, that ensure the preservation of environment and the compensation for the damage caused. The Federal Constitution, in Article 225, caput, erected to the level of fundamental right the ecologically and balanced environment, essential to a healthy quality of life. This fundamental right to the environment is self-administered, indispensable, indivisible and inalienable, imposing upon the Government, together with society, duty, and not mere power, to defend it and preserve it for present and future generations. This study demonstrates that insofar as the Constitution and other rules that make the legal duty to the State, also give it the means to do it, in other words, the legal and financial resources it needs to meet expenses that will perform these tasks. So, at the same time that the responsibilities and duties are given to the State, are also given the power to tax. It can be said that the tax, primarily aims to raise funds, but can also be an instrument used by the State to interfere in the economic domain, in order to encourage or discourage certain practices or behaviors. This practice is known as extrafiscality and it can provide a variety of purposes, including the protection and defense of the environment, when, the tax is not only used to collect, but interfere on the economic agents will inhibiting environmentally undesirable choices or even encouraging other desirable under an environmental perspective. So, the stimulating functions or the extrafiscality can be considered as an instrument of state for environmental conservation, when the tax is used by the state to induce behaviors. At the end of this study, aiming to highlight what is considered abstractly, the last chapter studies the species capable of fulfilling such tax purposes and includes some examples that show the Brazilian normative materialization of that form of taxation. Thus, we conclude that our laws admit extrafiscality legally as skilled and effective disposal of the state for intervention in the economic domain with the purpose of environmental protection and preservation.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.Item A legalidade da atuação da guarda municipal como agente de educação ambiental(Universidade do Estado do Amazonas, 2019-08-25) Silva, Ygor Felipe Távora Da; Mota, Maria Nazareth Vasques; Mota, Maria Nazareth Vasques; Badr, Eid; Gomes, Sebastião MarceliceWith population growth and the accentuation of environmental degradation, new legal and constitutional aspects ensured tools that foment the mitigation of impacts caused by human interaction with the environment. In an attempt to protect and conserve natural resources, the practice of public education policies ensures a fundamental prism preventive vision held by the public authorities primarily through environmental education, for reflecting and objectify an awareness in the different education levels, surpassing the academic limits and allowing the performance of new educational agents, through direct interaction with the community, conveying an empirical knowledge, local and traditional within the protected areas. However, due to significant population mass present in large urban centers, almost expressionless, centralized environmental education by a single agency manager, should allow, at the municipal level, the interaction of all the actors responsible for public property protection, especially for the preventive action of institutions such as the Municipal Guard Manaus, responsible, including the urban environment, as provided by the very Statute of the Municipality, which asserts the formation of a specialized body to safeguard the environmental heritage and legally enables the formation of agents educators within the Municipal Protected Areas. This thesis has the primary objective to study a proposal for a program that enables the performance of the Municipal Guards, through environmental education, and their preventive actions to safeguard the environment, the harmonic performance of their duties by the Municipal Department of Environment and sustainability. The specific objectives are: Set the jurisdiction of the Metropolitan Guard and its activities in the city of Manaus protected areas; Identify the preventive measures already in place between the Metropolitan Guard and the Municipal Environment and Sustainability; Describe the elements of management, public policy and legislation to an applicable interagency program within the Municipal Protected Areas. The methodology was qualitative research with exploratory and descriptive character. It is concluded that the Municipal Guard currently has a protective function and surveillance of public property. However, the guards target a higher profile by acting as environmental education officers, describing the relevance of its functions to the protection of the Environment and disseminating scientific and traditional knowledge to society.Item Meio ambiente prisional do Estado do Amazonas: uma abordagem sobre o local onde são cumpridas as penas(Universidade do Estado do Amazonas, 2015-04-01) Cruz, Monique Rodrigues da; Mota, Maria Nazareth da Penha Vasques; Mota, Maria Nazareth da Penha Vasques; Silva Filho, Erivaldo Cavalcanti e; Lazzari, Márcia CristinaThe ecologically balanced environment is essential to a healthy quality of life, and the right of all, under Article 225 of the Brazilian Magna Act. The place where the penalties are met must also respect the constitutional and legal dictates relevant to the appropriate conditions of enterprises, public or private, established through the environmental licensing. The lack of adequate conditions for the serving of sentences did not arise in our times, but has been perpetuated in Brazil since 1500, with its discovery, and other countries even more remotely. The struggle for recognition and respect for human rights is not new, being an evolutionary process that has been adding new rights to its role throughout the history of civilizations, including the recognition of the environment as a right of third generation. The evolution of the Brazilian criminal law also has gone through transformations under the historical references of lived time, reflecting changes in "darkness" with degrading and corporal punishment, to the "lights" with the humanization of feathers. The story Amazonas State of the prison system highlights the precarious conditions of their environment prison environment, from its initial installations to date. For the defense of the prison environment, only in this case can the interpreter of the law find what fundamental right should prevail over another. Detailing to the current environmental conditions of prisons IPAT and UPP, it is clear how these are impacting detrimentally on the health of prisoners, staff and community correctional facility adjacent. The methodology used in this study, as the means is the literature, with review of the literature and relevant case law and, as to the purposes, is qualitative.