Bacharelado em Direito
URI permanente para esta coleçãohttps://ri.uea.edu.br/handle/riuea/2654
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Item Decreto N° 5.641, de 12 de julho de 2023: Um estudo a respeito da participação da Administração Pública indireta em procedimentos arbitrais envolvendo o município de Manaus(Universidade do Estado do Amazonas, 2024-02-07) Pinto, Bruno Sebastião da Silva; Fernandes, Taís Batista; Torres , Camila Pontes; Aguiar, Denison Melo deThe possibility of using arbitration by the Public Administration is not new to legal practitioners. However, considering that the Public Administration operates based on the principle of legality, it becomes extremely important that this "novelty" becomes part of the positivized law. Respecting state competencies to address the issue, the regulation of the public administration's participation in alternative dispute resolution methods has gradually advanced in the Brazilian state. In Manaus, this possibility was formalized through Decree No. 5,641, dated July 12, 2023. This monograph aims to analyze the mentioned legal framework and provide a better understanding of the normative possibilities outlined therein.Item A presença e o impacto das inteligências artificiais nos tribunais brasileiros(Universidade do Estado do Amazonas, 2024-02-02) Souza, Vinícius Rafael Bonfim Bacelar de; Leal, Luziane de Figueiredo Simão; Souza, Alcian Pereira de; Rodrigues, Áldrin Henrique de CastroThe growing adoption of artificial intelligence (AI) technologies in various professional fields is an irreversible phenomenon in the era of informatization of the means of production. The Brazilian judiciary is not oblivious to such technological innovations, and their implementation has already brought about a number of benefits. However, there is a range of challenges and ethical dilemmas that need to be analyzed in more depth, especially if these technologies are not regulated, as they could have significant impacts on constitutional, procedural law, and data protection. The concern with the informatization of the Brazilian judicial system is relatively recent, but it has advanced significantly in recent years. This study aims to assess the growing use of AI technologies in Brazilian courts, based on the fundamental principles and norms of the Brazilian legal process, and to evaluate how their use has impacted the judicial system. The methodology used for the study was qualitative, inductive, and descriptive. Data from the judiciary, resolutions of the National Council of Justice, legislative and regulatory proposals for AI technologies within the law, as well as applicable doctrines and jurisprudence, were analyzed and compared. The study found that AI technologies have significant potential for the judiciary, with the possibility of unprecedentedly increasing efficiency, administrative management of courts, legal practice, and judicial proceedings. However, their implementation must be carried out in accordance with ethical parameters related to the guarantee of non-bias, data protection, transparency, and responsibility. This can only be achieved through the development of strong legislation and regulation of the technologies used in the judiciary.Item Análise das implicações jurídicas da sucessão do estado nos planos constitucional e internacional(Universidade do Estado do Amazonas, 2024-02-08) Garcia, Rafael Canedo Tavares; Loureiro, Sílvia Maria da Silveira; Ribeiro, Gláucia Maria de Araújo; Pantoja, Antônio Lucas FeitozaThe subject of this article is the analysis of the legal implications of State Succession at the constitutional and international levels and aims to analyze these implications in the hypothetical scenario of a Succession, as well as cases of past Successions. More specifically, these aspects will be analyzed with regard to nationality, assets, archives, debts, treaties and the incorporation of legislation in the successor State. The research will have a deductive nature, since it is a general study and will use bibliographical sources for the composition of logical-legal conclusions about this important phenomenon. Nationality and legislation will be the biggest problems to be faced, since, as they are matters of domestic law and subject to the power of the State, they are not matters arranged, so far, in international treaties. Assets, archives and debts have their own treaty, but not incorporated into the national order, and, therefore, are not easily resolved in the midst of this phenomenon. International treaties also received special attention, because, even with a specific treaty for the incorporation of treaties in the succession of States (1983), each type of succession implies a specific development to be analyzed and with different solutions for practical cases.Item Politicas públicas amazônidas: programa de regionalização da merenda escolar – preme no âmbito do estado do Amazonas(Universidade do Estado do Amazonas, 2024-01-24) Souza, Nicolas Souza e; Ribeiro, Gláucia Maria Araújo; Dias, André Petzhold; Amorim Júnior, Geraldo Uchôa deThe main objective of this research was to analyze the creation, implementation and evaluation of the School Meal Regionalization Program (PREME), public policy of the state government of Amazonas whose purpose is to promote family farming through the registration of small rural producers for the sale of foodstuffs vegetables for lunch for students at state schools. The study was carried out in a contextualized through the study of Public Policies and Law from Law Administrative, considering regional peculiarities. To this end, the scope of work is linked and structured into three chapters. The first chapter outlines the context historical-cultural agricultural public policies with a focus on family farming in the State from the Amazon. The second chapter focuses on Legistics in the creation of PREME, as well as such as the role of the State and social actors in its stages of elaboration, implementation, execution and evaluation. The third chapter talks about the effects of the aforementioned policy public in the feeding of students in the state education network, based on the use of scientific evidence in the evaluation of public policies. Finish the work indicating that the policy for purchasing food from small producers for school meals presented as a promising approach to strengthen local agriculture and improve quality of food in state public schools. In addressing the identified challenges of proactive and collaborative way, it is possible to achieve a lasting impact, promoting health, sustainability and economic development in the interior of the State of Amazonas.Item A atuação do ministério público federal no combate ao desmatamento: a atribuição de responsabilidade civil ambiental através do cruzamento de dados públicos(Universidade do Estado do Amazonas, 2024-02-07) Costa, Leonardo de Souza; Medina, Marcia Cristina Nery da Fonseca Rocha; Aguiar, Denison Melo de; Sá, Emerson Victor Hugo Costa deGiven the global concern about deforestation in the Amazon region, due to the ecosystem services and climate regulation it provides, environmental civil liability is one of the mechanisms for promoting, conserving, and recovering the environment, however, identifying those responsible for environmental damage is complex and involves several economic, social and logistical factors. The research explores the implementation of the right to an ecologically balanced environment, in the case of deforestation and the fight against it carried out by the Federal Public Ministry within the scope of the Amazônia Protege Project, with an emphasis on the attribution of environmental civil liability assessed through the crossing of georeferenced images of illegal deforestation and public databases.Item Uberização: análise sobre as dinâmicas de trabalho em plataformas digitais(Universidade do Estado do Amazonas, 2024-02-07) Silva, Kennedy Cortez da; Medina, Marcia Cristina Nery da Fonseca Rocha; Santos, Adelson Silva dos; Sá, Emerson Victor Hugo Costa deThe article seeks to bring the reader, from an analytical perspective, reflections on the uberization of work as a form of worker exploitation. We are guided by the thesis that the transfiguration of the platform worker into an "entrepreneur" of himself, takes away the rights that are due to him while imposing obligations that would only be due to an employee. The first part analyzes the profile of transport application workers, in order to understand the reasons why they submit to subordinate self-management. The second criticizes the view that uberization is a totally positive innovation, demonstrating that it is actually a negative business modal for the platform worker. Finally, the last part of the article aims to address the debate about the existence or non-existence of an employment relationship between the platforms controlling the workforce and these on-demand service platform workers, often called “partners”. Although uberization has been presented as a solution to large-scale unemployment in many countries, we can see that it is nothing more than a form of management and control of the workforce, consolidating on-demand work.Item O trabalho escravo doméstico no Brasil: relatórios de inspeção como meios de caracterização e o papel da jurisprudência pátria(Universidade do Estado do Amazonas, 2024-02-06) Sousa, João Lucas Bastos de Lima; Loureiro, Sílvia Maria da Silveira; Dias, André PetzholdDomestic work analogous to slavery is an invisible practice in the country, leading to difficulty in obtaining specific means capable of characterizing this illicit activity. In view of this, the main objective of this work is to bring understanding about domestic slave labor, seeking to describe the importance of Inspection Reports as mechanisms for characterizing this illegal act, as well as understanding the jurisprudence adopted by the courts and their role in the fight against the practice. To achieve these objectives, the methods used are deductive, dialectical and historical, through the documentary technique and qualitative approach, since the research is based on the use of doctrinal understanding, judgments of similar cases and existing research on the reality of domestic work. Thus, as a result, it appears that there is a divergence in the understandings adopted in the labor and criminal areas regarding the use of reports as evidentiary mechanisms, leading to difficulties in penalizing the authorsItem Tributação do licenciamento de uso de software de não residente: uma análise de sua qualificação(Universidade do Estado do Amazonas, 2024-02-16) Uchôa, Danilo Izel; Rocha , Paulo Victor Vieira da; Choy, Marco Aurélio de Lima; Hubner, RicardoThis study analyzes the taxation on income when licensing the use of standardized software of a non-resident. As a general objective, it is intended to discuss the nuances of this operation, as well as the evolution of the discussion involving software in Brazil. In addition, its specific purpose is to identify the qualification of the licensing of standardized software use of a non-resident in the models and comments made available by the UN and the OECD and the Brazilian tax legislation. Throughout this article, it is intended to highlight different interpretations of the concept of royalties, which, in a central way, influence the taxation in the import of the use license. Finally, it was possible to conclude that the solution to the controversy in the qualification of the software use license is the establishment of the economic concept of royalties in national and international legal documents.Item Execução de alimentos na pandemia: análise das alternativas do poder judiciário brasileiro à prisão civil(Universidade do Estado do Amazonas, 2024-02-09) Felinto, Vanessa Cardoso; Aufiero, Mário Vitor Magalhães; Norte, Naira Neila Batista de Oliveira; Mendes, Georgia Costa de PaulaThe Covid-19 pandemic highlighted the weaknesses of the Brazilian prison system. Faced with this crisis, the need arose to implement alternatives to civil prison, not just to contain the spread of the virus in prisons, but also to ensure a fair approach in the face of extraordinary circumstances in return for the vital need to provide food for hyper vulnerable individuals. This study seeks to answer the following question: What alternative methods to civil imprisonment have been effectively used by courts during the execution of food in the context of the pandemic? The general objective is to classify the legal mechanisms adopted as alternatives to civil imprisonment during the execution of food, with a special focus on the context of the Covid-19 pandemic. The research uses qualitative methodology, using a deductive perspective and phenomenological understanding, using doctrine, scientific articles, legislation, recommendations and judgments of the Judiciary Brazilian. During the pandemic, the Judiciary adopted recommendations, judgments and responses legislative, seeking to adapt to exceptional conditions, highlighting the evolution of understanding regarding the application and accumulation of executive techniques. The article also analyzes the post-vaccination impacts and highlights efficient alternatives and reveals the constant search by the Judiciary for balance between procedural effectiveness and social conditions.Item O dano moral configurado na violência obstétrica: Uma abordagem legal e jurisprudencial(Universidade do Estado do Amazonas, 2024-02-15) Souza, Rebeca Cerqueira de; Viana, Rejane da Silva; Dias, André Petzhold; Norte, Naira Neila Batista de OliveiraObstetric violence is characterized by negligence and mistreatment of pregnant women by professionals, including the violation of reproductive rights, the pilgrimage to various services until receiving care and acceleration of birth to free up beds, among others. In this context, the present work, through deductive methodology, aimed to analyze, through doctrine and jurisprudence, obstetric violence from the perspective of doctors' civil liability and the damage for pain and suffering resulting from such conduct. To this end, the phenomenon of obstetric violence was analyzed and how it occurs, the civil liability taking into account the agents, the damage for pain and suffering that this conduct causes to parturient women, as well as the exposition of recent norms and jurisprudence regarding the subject, explaining the need for a majority understanding and typification of this conduct at federal level.