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A possibilidade do ensino domiciliar no Brasil e seus aspectos jurídicos
(Universidade do Estado do Amazonas, 2017-11-24) Queiroz, Danyelle Barbosa de; Aquino Neto, Daniel Antônio de; Albuquerque, Ricardo Tavares de; Romero, Antônio Enrique Fonseca
This work has as object to analyze the phenomenon known as "homeschooling" or home education, which refers to a modality of teaching in which parents choose to teach their children exclusively at home, removing them from the school. This paper will explain the history of the treatment given to education in the Brazilian legal system over the years, as well as analyze the legal possibility of home education, explaining the arguments for and against such practice.
Desafios da efetivação do direito à educação em nível superior das pessoas com transtorno do espectro autista
(Universidade do Estado do Amazonas, 2018-12-03) Silva, Josias Gadelha da; Aguiar, Denison Melo de; Aguiar, Denison Melo de; Silva, Ygor Felipe Távora da; Souza, Gabriele de Souza e
The challenges faced by people with Autistic Spectrum Disorder are analyzed (TEA) in realizing their right to education, specifically at a higher level. such right is fully guaranteed in the Federal Constitution, as well as in the National Protection Policy of the Rights of Persons with Autistic Spectrum Disorder and various norms spread throughout the Brazilian legal system. The research theme focuses on the principles guiding principles of inclusive education and public policies aimed at people with ASD – who are legally equivalent to people with disabilities. The objective of the work is describe the main challenges encountered for the realization of the right to education in terms of admission and permanence in higher education, and also to verify how the inclusion of these people occurs in the infrastructural and pedagogical sectors of the institutions, since, although there is a vast guaranteeing legislation, it is verified in practice, its non-effectiveness. In that In this sense, the broad legislation on the subject applied to the inclusion of people with disabilities is analyzed. TEA in higher education, based on public inclusion policies as a way of realization of the right to education – regarded as a fundamental right by the Federal Constitution.
Limites do controle judicial sobre o mérito administrativo e sua relevância para políticas públicas socioambientais
(Universidade do Estado do Amazonas, 2021-05-13) Corrêa, Osmar Neto de Paula; Ribeiro, Gláucia Maria Araújo; Ribeiro, Gláucia Maria Araújo; Marinho, Vânia Maria Marques; Souza Junior, Albefredo Melo de
This article discusses the possibility of judicial control over the merits administrative, seeking to point out, in the use of the deductive method of research and based on the legislation and supported doctrine, the limits within which correct unionization is verified jurisdiction and its consequences for Environmental Public Policies, without prejudice to the opportunity and convenience of the public administrator. The question is also particularly pointed out of the limits of judicial control in relation to acts within the scope of delegalization, in addition to indicating practical consequences to the proper delimitation of judicial control over the administrative merits.
As alterações promovidas na pensão por morte do regime geral de previdência social com a lei N° 13.135/2015 e emenda constitucional N° 103/2019 e suas relações com o princípio da vedação ao retrocesso social.
(Universidade do Estado do Amazonas, 2021-06-30) Oliveira, Anderson Fabiolo Cardoso de; Souza Júnior, Albefredo Melo de; Souza Júnior, Albefredo Melo de; Justiniano, Jeibson dos Santos; Braga, Tais Batista Fernandes
This article intends to address the changes suffered by the social security benefit of death pension, within the scope of the General Social Security System - RGPS, with Law No. 13.135/2015 (result of the conversion of MP No. 664/14) and Constitutional Amendment No. 103/2019 and its relations with the principle of prohibition of retrogression. The work was developed based on bibliographical research and support in national legislation and doctrine, discussing in a succinct way about: social security in Brazil and its organization in General Regime, the death pension and the main changes implemented with the publication of the legal norms discussed. Despite being positive for social security accounts and control over possible fraud in the granting of this benefit, it is concluded that these legislative changes generate restriction and even suppression of access to this fundamental social right that protects the family nucleus, when analyzed under the prism of the principle from prohibition to social regression.
Violência obstétrica e a responsabilidade civil dos profissionais de saúde e hospitais, no Brasil, em tempos de pandemia de covid-19
(Universidade do Estado do Amazonas, 2021-07-13) Rangel, Amanda Thalita Maia; Albuquerque, Ricardo Tavares de; Albuquerque, Ricardo Tavares de; Marinho, Vania Maria do Perpetuo Socorro Marques; Reis, Thays Bianca Bastos dos
Obstetric violence is a relevant public health problem that must be eradicated from society. In addition to obstetric violence, Covid-19 emerged, globally, as another extremely important issue. Identifying the fundamental rights of women, with regard to motherhood, and understanding the pertinence of the subject humanization of childbirth and birth it was noticed that some of these rights were relativized, during the Covid-19 pandemic, and in certain cases, the right was completely ignored by hospitals and even health professionals. Therefore, from the observation of the position of the Brazilian legal system, through laws, jurisprudence and literature, it was possible to observe, from the study of civil liability, how the aggressors of the cases that occurred can be held accountable.
Dano Temporal: A reparação ao consumidor pela perda de tempo gerada pela falha na prestação de serviço nas relações de consumo.
(Universidade do Estado do Amazonas, 2021-07-13) Souza, Ketlen Rayane Videira de; Albuquerque, Ricardo Tavares de; Albuquerque, Ricardo Tavares de; Choy, Marco Aurélio; Costa, Christiano Pinheiro da
The time lost by the consumer trying to solve problems caused by poor service and supply in consumer relations is a reality under discussion in the Brazilian judicial system. The Productive Diversion Theory of the Consumer appears, then, with the proposal of a just compensation to the consumer in the face of violations of their rights, including the freedom to enjoy their time. Per On the other hand, the materialization of the Theory still encounters some challenges in the legal field, in particular as to the justification of the compensation due due to the loss of time, seen as a mere annoyance, be framed as damage that can be repaired. In this bias, the autonomy of temporal damage, as a new current, inspires researchers and scholars in the area a response to the damage caused by the loss of time generated to the consumer by the failure in the provision of services.
A incidência do ICMS sobre as tarifas de uso de sistemas de distribuição (TUSD) e de transmissão (TUST)
(Universidade do Estado do Amazonas, 2021-07-13) Silva, Alexandre Souza da; Rocha, Paulo Victor Vieira da; Rocha, Paulo Victor Vieira da; Aquino Neto, Daniel Antônio de; Ganim, Antônio
The purpose of this article is to analyze the taxation by the tax on transactions related to the circulation of goods and on the provision of interstate and intercity transport services and of communication (ICMS) in the tariffs related to the use of the distribution (TUST) and transmission (TUST) systems of electrical energy. The issue is controversial and has favorable and unfavorable decisions regarding the tax incidence within the scope of the STJ, where it awaits judgment with No. 986. The approach starts from the analysis of the electric energy cycle, from its generation to the supply to the consumer, evaluating the role of each of the agents that integrate it, in line with the hypothesis of ICMS tax incidence. Thus, it was demonstrated that the taxation of the tax does not reach the portion corresponding to the availability of physical structures, in the event that its contracting is carried out separately from the acquisition of electricity, itself. Such considerations lead to the conclusion that both the TUSD and the TUST should not be part of the ICMS calculation basis, except in the event that its contracting is carried out in an inseparable manner from electricity.
Direito de Propriedade: O poder de disposição e os efeitos da exclusão por indignidade do herdeiro.
(Universidade do Estado do Amazonas, 2021-07-13) Silva, Adriano de Oliveira; Albuquerque, Ricardo Tavares de; Albuquerque, Ricardo Tavares de; Leal , Luziane de Figueiredo Simão; Rebelo, Ana Carolina Cei
The present work is based on the analysis of the legal gap in the sole paragraph of article 1.816 of the Brazilian Civil Code. The legal command imposes that the individual sentenced to indignity the exclusion of the right of usufruct and administration of the inherited property is applied. before the presented, questioning the possibility of alienation of that asset in favor of the heir unworthy. From the analysis of law, doctrine and jurisprudence, it resulted in the finding that the last will of the de cujus must be understood in its entirety, and may be extended to in addition to succession acts. This will does not have the power to form an obligation, a since the obligation has a pecuniary bond between creditor and debtor, existing in succession only the moral duty of obedience. It was also found that the sentence of indignity did not can be understood as an inalienability clause, interpreted as an implicit effect of the exclusion, because only with just cause, and on the available part of the assets, if can record the property with such a clause, which makes it fully possible to dispose of the property in favor of of the unworthy.
A rede de enfrentamento no combate a violência contra a mulher na cidade de Manaus/Amazonas a partir da visão dos gestores.
(Universidade do Estado do Amazonas, 2021-07-13) Alencar, Laura Garcia; Nascimento, Izaura Rodrigues; Nascimento, Izaura Rodrigues; Koc, Criscyanne Andrade de Oliveira; Lima, Adriana Almeida
The general objective of this work was to understand the functioning of the Confronting violence against women in the city of Manaus/AM from the point of view of managers of the institutions that compose it. A documentary, bibliographical research was carried out and field through the application of interviews with the managers of 07 institutions in the municipality that offer assistance, follow-up and protection services to women victims of domestic violence, namely: SAPEM (Emergency Support Service for Women), CREAM (State Center of Reference and Support for Women), Casa Abrigo, SARE (Service of Assistance, Accountability and Education to the Aggressor), DECCM (Specialized Police in crimes against women), Ronda Maria da Penha and NAEM (Núcleo de Assistência Specialized for Women), it should be noted that the Coping Network in Manaus is not limited to only to the 7 institutions delimited in this work. The functioning of the Coping in the municipality, according to the managers, it is concluded that there is a network that articulates through referrals, calls and meetings, offering services of protection, follow-up and professional qualification of women, with no necessarily a right order for them to enter the Network, but DECCM and the SAPEM are pointed out as the two main institutions that insert women in the Network, the DECCM for being more popularly known and seen as a reference in the fight against violence domestic, and SAPEM for working together with the specialists offering services psychosocial. Once inserted in the Coping Network, women have access to other services, namely CREAM, SARE, NAEM, Casa Abrigo and RMP with services service, and follow-up to the woman. Despite infrastructure improvements and organization of services, among the challenges pointed out are the lack of personnel, the dissemination and consequent knowledge of this network of services by women.
Os desafios do uso de algoritmos de inteligência artificial em processos decisórios à luz do ordenamento jurídico.
(Universidade do Estado do Amazonas, 2021-07-14) Amaral, Camila Augusta Medeiros Colás; Choy, Marco Aurélio de Lima; Choy, Marco Aurélio de Lima; Aufiero, Mário Vitor Magalhães; Salazar Netto, Aguinaldo Ferreira
This study aims, in general terms, to analyze how the insertion of artificial intelligence algorithms in decision-making processes implies access to certain rights, focusing mainly on the possibility of discrimination by these algorithms and how this is regulated in Brazilian law. To this end, the concepts of artificial intelligence, algorithms and automated decisions are presented, in addition to the principles that govern the topic and the evolution of the treatment given to the matter in the main national and international legislations, especially the General Law of Data Protection, under the cutout of the change promoted by Provisional Measure N. 869/2018 and the European General Data Protection Regulation.
Direito à razoável duração do processo e a promoção da efetividade da prestação jurisdicional.
(Universidade do Estado do Amazonas, 2021-07-14) Gomes, Marckjones Santana; Santos, Cássio André Borges dos; Santos, Cassio André Borges dos; Silva, Tulio Macedo Rosa e; Ribeiro, Gláucia Maria de Araújo
This research intends to understand the role of the legal principles of the inescapability of jurisdiction and the effective provision of jurisdiction, in the context of the right to a reasonable duration of the process.
Aquisições diretas de bens e serviços pelo do estado do Amazonas durante a pandemia da COVID-19: utilidade ou ineficácia?
(Universidade do Estado do Amazonas, 2021-07-14) Nogueira, Rodrigo Rodrigues; Souza, Alcian Pereira de; Souza, Alcian Pereira de; Ribeiro, Glaucia Maria Araújo; Alanis, Renata Lopez
The present work intends to analyze the changes at the state level regarding the procurement and contracting procedures as of the effectiveness of State Decree No. 42,100 of March 23, 2020, which instituted the state of public calamity in the State of Amazonas covering until December 31, 2020, and Law No. 13,979 of February 6, 2020, emphasizing the possible advantages and disadvantages of said changes in procedures bids. The methodology followed a precept of deductive research, which will have three stages specific, with the carrying out of documentary surveys such as publications, articles, magazines, books and other information relevant to the subject. In a first moment it dealt with the norms and procedures related to the bidding procedure, specifically, of the waiver of bidding provided for in art. 4 of Federal Law No. 13,979/2020; right away we sought to quantitatively determine the data relating to purchases and contracts government agencies, through information extracted from the transparency portal of the State Secretariat of Finance of Amazonas (SEFAZ), and, soon after, some of the advantages and disadvantages of adopting these new procedures. Finally, it was concluded that despite the sudden changes that occurred in all spheres, the federal and state entities, through their regulations, sought to make the bidding procedure more flexible, foreseeing the exemption from bidding while the pandemic lasts. Such acts changed the dynamics of bidding in our country, in favor of not only public health, but also the interest public.
Políticas públicas e a boa governança no cenário do sistema de saúde do Amazonas.
(Universidade do Estado do Amazonas, 2021-07-26) Barroso, Tirza Fernandes; Rieiro, Gláucia Maria Araújo; Ribeiro, Gláucia Maria Araújo; Dias, André Petzhold; Silva, Cristian Mendes da
This article aims to present an analysis on the theme of public policies, associating these with the duty of good governance imposed on the State, in order to verify the process of elaborating public policies and what choices, consciously or not, made when defining the areas that will benefit and how they will be implemented. Furthermore, it is intended to verify the extent to which it is possible to demand a direct action from the government, and how this action can be considered as good governance, assuming that public policies themselves are the greatest expression of the governance exercised in the country. Therefore, the deductive method was used in order to reach conclusions from research and scientific investigation, based on facts and data extracted from doctrine, articles, theses and dissertations, official websites and texts related to the topic.
O salário-mínimo sob a perspectiva do Estado de coisas inconstitucional.
(Universidade do Estado do Amazonas, 2021-09-01) Sousa, Jessé Wendell de Araújo Magalhães; Medina, Márcia Cristina Nery da Fonseca Rocha
This paper aims to analyze the current Brazilian minimum wage policy considering the concept of States of Unconstitutional Thing. We seek to reflect on the fact that the nominal value stipulated is not sufficient to meet basic items of human need, causing many workers to have to give up some items necessary for their survival to make room for those they consider most urgent, thus perpetuating the aggravation of economic and social inequality due to a problem resulting from the state's difficulty in complying with what the Federal Constitution prescribes. For these reasons, the present article proposes to analyze and discuss the incidence of the Unconstitutional State of Things in the Brazilian minimum wage, as well as to demonstrate the problem that the state omission generates in the maintenance of the current policy. For this, the deductive and bibliographic method was used.
Aplicativos de mensagens eletrônicas como novos meios eletrônicos de comunicação dos atos processuais no Brasil.
(Universidade do Estado do Amazonas, 2023-01-06) Menezes, Brenda Lopes de; Norte, Naira Neila Batista de Oliveira; Braga, Tais Batista Fernandes; Norte Filho, Antônio Ferreira do
The work aims to explain the need to adopt popular communication applications for the practice of procedural communication acts, within the scope of the judicial process. ‘The civil procedure code determines that communications of procedural acts should preferably be carried out electronically. The electronic communication mentioned in the new CPC/2015 has undergone changes, depending on the technological innovations currently experienced. Laws were enacted aimed at changing the procedure in civil proceedings so that electronic means of communication could be integrated, with a focus on Law No. /2021 which amended the Code of Civil Procedure to give preference to the means of communication via electronic mail (email). The discussion on the use of new technologies integrated to judicial procedures has gained focus in the sense of using the most popular communication applications to carry out the acts of citation and judicial subpoena, given the massive use of such forms of communication of the procedural acts that were used in the context of the covid-19 pandemic. The subject must be discussed in the current social and historical context, considering the technological evolution around the world, allowing the adoption of technology for the practice of procedural communication acts, envisioning a procedure in which the contradictory and full defense is assured, as well as the celerity. In this way, the present work aims to study the feasibility of communicating procedural acts through instant messaging applications, among which whatsapp and telegram are emphasized.
Utilização de fachadas ativas e a influência na segurança pública: uma análise da legislação da cidade de Manaus
(Universidade do Estado do Amazonas, 2023-02-09) Silva, Vinícius Fonseca da; Dias, André Petzhold
The main focus of the work is to discuss actions and regulations in the city of Manaus with the objective of verifying whether city managers are guided by affirmative policies that focus on the welfare of the citizens and public security. Through the inherent police power of the city Public Administration, which has the competence to regulate and sanction matters relating to urban law. Present an comparative perspective on the use of mechanisms such as active facades as an auxiliary means of public safety.
Os Kokamas e os desafios de acesso aos direitos fundamentais no alto Solimões
(Universidade do Estado do Amazonas, 2023-02-14) Feitoza, Diego Amorim; Silva Filho, Erivaldo Cavalcanti e
The contact with modern society made possible great improvements in the social, cultural and material organization of the Kokama ethnic group. However, it inevitably placed them as citizens with duties and rights, and consequently under state tutelage. It is in this primary relationship that the work is concentrated. In successes, mistakes, challenges and perspectives in relation to the rights that are constitutionally guaranteed to them.
Transporte aéreo interestadual de animais domésticos: análise do bem- estar animal na perspectiva da família multiespécie
(Universidade do Estado do Amazonas, 2023-02-15) Tapia, Aisha Leandra Cornelio; Aguiar, Denison Melo de
The interstate air transport of domestic animals may have animal welfare as a legal basis when dealing with a multispecies family. This research has the basic objective of investigating the current legislation on the air transport of domestic animals, as well as delimiting the need for legislation relevant to the minimum criteria for the protection of animal welfare and the prospecting of the multispecies family. The treatment of the domestic animal by the human being and by the airlines will be identified. In this scenario, it enters into the study of bills and jurisprudence around the theme. The methodology developed is qualitative bibliographic based on academic studies, on legislation and on the analysis of jurisprudence, with a descriptive-deductive content. In short, there was legislative inertia with regard to the social desire to monitor the welfare of domestic animals in general.
Onde se inicia o direito à vida no Brasil?
(Universidade do Estado do Amazonas, 2023-02-24) Santos, Anna Livia de Sousa; Albuquerque, Ricardo Tavares de
This article aims to explain the need to include in the Federal Constitution not only the right to life, but also to indicate the theory, among the various existing ones, that should be adopted. For this, it discusses the theories pointed out by the doctrine, both conceptionist and genetic-developmentalist, and which of them appear to be adopted by each law, causing inevitable insecurity about such a valuable legal asset, considering that there is no way for two theories to coexist, since one logically cancels out the other.
Reforma trabalhista e trabalho da mulher: história, emancipação e respeito
(Universidade do Estado do Amazonas, 2023-02-27) Almeida, Denise Brandão de; Santos, Adelson Silva dos
Through this article, the objective was to recall the historical advance of women through emancipation, guarantees of labor rights, the achievement of respect in the labor market and the impact of the labor reform on this class. It addresses, therefore, historical aspects of these achievements and how the scenario is shown after the reform, emphasizing the importance of the State in creating social policies aimed at this public in order to promote the insertion and permanence of women in the labor market. The insertion of women in the labor market, as several studies indicate, was the object of a great struggle, because as the records point to the conquest of their rights and the inquiry for emancipation in the context of the search for gender parity, it took place gradually in steps slow. In this sense, this study was carried out using the qualitative methodology, studying subjective aspects; in the data collection phase, carrying out consultations in books, scientific articles, official documents, legislation, theses and dissertations, dedicating itself to demonstrating the achievement of women's labor rights over the years and how the labor reform has impacted on these work contracts.