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 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 As influências do direito internacional da água, mais particularmente das SOFT LAW, sobre a construção do tratado de cooperação amazônica(Universidade do Estado do Amazonas, 2023-03-17) Fonseca, Alan Kelson de Lima; Silva Filho, Erivaldo Cavalcanti e; Braga, Mauro Augusto Ponce de Leão; Bentes, Arone do NascimentoThis dissertation analyzes the influences that the Amazon Cooperation Treaty suffered from the International Water Law. Despite the Amazon Cooperation Treaty not having assimilated concepts rooted in International Water Law, such as the definition of basin of international drainage or international river, represents a strong expression of the norms international issues, such as environmental preservation and protection, even ensuring the sovereignty of Amazon States, since this was its main focus. The reasons why the Treaty has privileged sovereignty is in the frequent international discourses that preach the internationalization of the Amazon, under the false premise that the Amazon States, through their governments, would not have the capacity to manage environmental assets, putting the international community, especially in the future maintenance of these assets. The insistence on expropriation of Amazonian assets, which result from their enormous dimensions and fantastic riches of all shades have always been a constant in the Amazonian reality, since the first explorations by colonizers, which is evaluated in the text, in a separate chapter on the Amazon. The text evaluates the environmental issue, from the perspective that it represents a change in paradigm in Law; demonstrates the growing concern of countries with the availability and water quality, which has generated international cross-border conflicts; reports the terms the construction of the Amazon Cooperation Treaty and the difficulties in its implementation; It is, as a conclusion, it evaluates the importance of the norms of International Water Law in the Treaty of Amazon Cooperation, and the strong contribution of the terms of the Treaty in Law Water International.Item As influências do direito internacional da água, mais particularmente das soft law, sobre a construção do tratado de cooperação amazônica(Universidade do Estado do Amazonas, 2023-03-17) Fonseca, Alan Kelson De Lima; Silva Filho, Erivaldo Cavalcante e; Braga, Augusto Ponce de Leão; Bentes, Arone do NascimentoThis dissertation analyzes the influences that the Amazonian Cooperation Treaty suffered from the International Water Law. Despite the fact that the Amazonian Cooperation Treaty did not assimilate concepts rooted in International Water Law, such as the definition of an international drainage basin or an international river, it represents a strong expression of international norms, such as environmental preservation and protection, even assuring the sovereignty of the Amazonian States, since that was its main focus. The reasons why the Treaty favored sovereignty lie in the frequent international discourses that preach the internationalization of the Amazonian, under the false premise that the Amazonian States, due to their rulers, would not be able to manage environmental assets, putting the international community at risk, especially in the future maintenance of these assets. The insistence on the expropriation of Amazonian goods, which result from its immense dimensions and fantastic riches of all kinds, have always been a constant in the Amazonian reality, since the first explorations by the colonizers, which is evaluated in the text, in a separate chapter on the Amazonian. The text assesses the environmental issue, from the perspective that it represents a paradigm shift in Law; demonstrates the growing concern of countries with the availability and quality of water, which has generated cross-border international conflicts; reports the terms of construction of the Amazonian Cooperation Treaty and the difficulties in its implementation; and, as a conclusion, evaluates the importance of the rules of International Water Law in the Amazonian Cooperation Treaty, and the strong contribution of the terms of the Treaty in the International Water Law.Item Sociedade da notificação: a dignidade humana no meio ambiente digital(Universidade do Estado do Amazonas, 2022-09-22) Silva, Elaine Rodrigues Jerônimo; Braga, Mauro Augusto Ponce de Leão; Braga, Mauro Augusto Ponce de Leão; Badr, Eid; Menezes, Rafael da SilvaThis dissertation aims to seek, in the principles of human dignity and intergenerational solidarity, a way out for an improved digital world. In this world, reality is liquid; highly technological and fragmented. There is an urgent need for a digital (omni)presence, the consumption of online information, concern for likes and notifications, purchases influenced by sponsored links, the instantaneous sharing of information (and misinformation) through messaging applications, or repetitive and standardized dances on social networks. Thus, the question arises: given the lack of regulatory intervention on digital platforms, is there a way to enhance a healthy environment and the principle of human dignity on the Internet? Indeed, the study is justified by the relevance of reflection on the healthiness of the digital environmental space and the interdisciplinarity of the theme, being connected to the human, technological and economic sciences. The adopted methodology is based on the mixed methods of Creswell and Clark Plan. The main objective of the study is to identify a possible legal-administrative solution to the issue of degradation in the digital environment, considering the lack of normative instruments in the scenario of regulation of technology industry products. Specifically, the study aims to verify updates in the notion of human dignity in the information society, establish a dialogue between the use of artificial intelligence and the serial standardization of the cultural behavior of individuals; and finally, to evaluate the feasibility of fundamental rights and the principles of Environmental Law as regulatory benchmarks for digital platforms, considering, among others, the teaching of Paulo Affonso Leme Machado, Wolfgang Hoffmann-Riem, Ingo Sarlet, Manuel Castells, Milton Santos and Hans Jonah. The hypothesis defended in this study seeks to recognize quality internet access as a fundamental right and the regulation of digital platforms as an essential action.Item Extrafiscalidade do IPVA como instrumento de proteção ambiental(Universidade do Estado do Amazonas, 2012-09-27) Souza, Priscila Silva de; Pozzetti, Valmir César; Pozzetti, Valmir César; Fraxe, Jaiza Maria Pinto; Badr, EidIn recent years has increased markedly the number of vehicles circulating on the streets of cities across the country. These vehicles are responsible for emitting carbon dioxide into the atmosphere, what contributes to the increased pollution of the environment, which will affect long-term life of the community. Within this context, public health is threatened, since the pollution produced by discharges of cars brings respiratory diseases and destroys the ozone layer, causing prejudice also to the environment. The actions carried out by civil organizations in the fight against environmental pollution, cannot achieve together citizens the same results, if practiced by public authorities, by the limitation of its structure and scope. Thus, the figure of the State as promoter of environmental preservation in the use of his attributions, can avail themselves of the extrafiscalidade tribute to curb harmful conduct, committed by individuals. Thus, the tax levy on pre-existing legal solidarity becomes an important instrument to induce taxpayers to pay less tax, provided that they use for this, viable technologies to environmental health, reducing the emissions of pollutants from motor vehicles. In this sense, the Brazilian Government has sought to develop various programs, as it has already done so with the Proálcool, bio-fuel from sugar cane, with little environmental impact. To stimulate the purchase of vehicles moved to a bi-fuel, the State reduced the IPI tax rates at the time of purchase, making them more accessible to the consumer and thus reduced the emission of polluting agents. So, encourage the use of fuel with appropriate policies of low taxation should be the goal of the Brazilian Government, since it is the State's role to preserve the environment, together with the community, in accordance with art. 225 of CF/88. Soon, the system of taxation is no longer simply a mechanism for collection of financial resources to become an instrument of State action in the social field, enabling the legislator to discourage behaviors that may bring damage to society and the environment, and stimulate appropriate behaviors, bringing the citizen who fulfills its social role. Besides alcohol, science has discovered new clean sources of fuel, such as natural gas, electric power, hydrogen, among others, with reduced environmental impact. The aim of this study is to demonstrate how the State can, by making use of extrafiscalidade of tribute, promote the use of clean fuel sources by consumers/contributors through the gradation of aliquots of Property taxes for the less polluting modes; and yet, to the establishment of a differentiated policy for used vehicles, since these, notably, emit more toxic components in the atmosphere, due to its wear, always seeking the benefit of the collectivity.Item O IPTU e a tributação indutora como instrumento para o desenvolvimento sustentável(Universidade do Estado do Amazonas, 2011-03-26) Faria, Ana Luisa Sousa; Silveira, Edson Damas da; Silveira, Edson Damas da; Barbosa, Walmir de Albuquerque; Cavalcanti, ErivaldoPreserving and protecting the environment is the responsibility of the State, it being understood Federal, State, Federal District and municipalities (Constitution, Article 23., VI and VII). It is therefore common competence of federal guardianship and ensure environmental preservation, to be held in conjunction with the community (CF, art. 225). Faced with the obligation imposed by the Constitution, the State needs to use the means offered by the legal system to play the role of mentor to an environmental policy that ensures protection of the environment. It is in this light that the tax law becomes an instrument of environmental protection, as well as revenue collection of the character, function inherent to adduce resources to the public coffers, extrafiscal offers the function to induce or encourage conduct environmentally sound. The tribute comes, then, to encourage economic agents to environmentally friendly choices and discourage harmful practices. It is a policy of encouraging the preservation founded in economic stimulus. By understanding this, the tax can also assist in regional development and implementation of public policies. Given the importance of the topic, a survey was conducted explanatory qualitative approach, with a design focused on literature, whose purpose is to understand how the tax law, tax law through the inductor, especially property taxes, can be an instrument of protection and development of the artificial environment so that it will reach the level of sustainability.Item O princípio da prevenção e a responsabilidade civil por danos ao meio ambiente do trabalho(Universidade do Estado do Amazonas, 2012-07-25) Silva, Andrea Mazzaro de Souza Fiuza e; Melo, Sandro Nahmias; Melo, Sandro Nahmias; Camargo, Serguei Aily Franco de; Braga, Mauro Augusto Ponce de LeãoThis paper discusses the application of the principle of prevention and responsibility civil object for damages to the work environment. The study was conducted by analyzing the Brazilian legislation and doctrine, notably through the study of the concept environment, the structuring principles of environmental law and environmental features of the work to achieve it the applicability of the principle of prevention as well as institute of randomly occurring damage liability arising from the imbalance of the conditions in working environment. In this context, it was found that the prevention principle, is considered fundamental principle of environmental law, not to be confused with the precautionary principle, and autonomous principles. In this context, the lack of employer's duty of care, which causes damage to the employee, shall give rise to civil liability for damages to the work environment, which in the case of aspect of the environment, responsibility civil will be applied objectively, ensuring greater protection health, safety and lives of workers. It was found that the law recognizes the application of responsibility civil object for damages to the work environment, before the damage to life and health of workers. Keys-word: Prevention Principle. Environment Work. Damage. Responsibility civil objectiveItem O princípio do poluidor-pagador e o meio ambiente de trabalho(Universidade do Estado do Amazonas, 2012-11-09) Torres, Rodrigo Araújo; Melo, Sandro Nahmias; Melo, Sandro Nahmias; Braga, Mauro Augusto de Ponce Leão; Camargo, Serguei Aily Franco deAs the beginning of the industrial process, on the second half of the 18th Century, due to the Industrial Revolution, which arise initially in England, triggering the manufacturing by mass production. New technology applied on machinery capable of accelerating the making of new products released a good feeling on people, not only because of consume potential, but also due to the great amount of industrial products, at affordable prices, giving cause to scarcity of natural resources and, also, afflicted serious problems to workers, for not having any ideas on the risks incurred of working with machinery applied for production, completely unconnected with the safety of their operators. A different range of conflicts developed branches of law regarding to the present research: labor law and environmental law. Along the deployment of environmental law, from the United Nations Conference in 1972, in Stockholm/ Sweden, and in Rio de Janeiro/ Brazil, in 1992, as an autonomous subject within the law, with its specificities and connection with other legal disciplines, has noticed that the concepts and standards usually thought of as genuinely labor may actually be rules and concepts applications of environmental law. This research aims to conduct this analysis, checking whether the additional health and safety arising from the unhealthiness of the Polluter Payer Principle, and the provision of Personal Protective Equipment. The 1988 Federal Constitution provides the legal basis for both branches of Law in question: in its 7th article it bases workers' rights, whereas the article 225th, provides that an ecologically balanced environment is essential to a healthy quality of life. Since the environment is one and indivisible, the work environment is inserted in this context. Also, it appears that life referred to the article under discussion is human, marking thus the philosophical reasoning followed in this study, which is anthropocentric. The Polluter Payer Principle, disposed in § 3rd of Article 225 of FC/88, searches environmental pollution in the production process costs, avoiding the implementation of such to society. We conclude that the Polluter Pays Principle is applied in labor law, perceiving its implementation in insalubrities’ premiums and the obligation of PPE use as well as a must be revised values and accumulation of bonuses materializing up the Principle of Environmental Law presented, by internalizing the costs of environmental pollution more widely than now taken.Item 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 GarciaThe 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 responsabilityItem 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 MoreiraThe 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.