ESO - Escola Superior de Ciências Sociais

URI permanente desta comunidadehttps://ri.uea.edu.br/handle/riuea/4811

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A mediação como uma forma de assegurar o direito fundamental à autodeterminação dos povos indígenas
(Universidade do Estado do Amazonas, 2018-12-10) Barboza, João Paulo de Souza; Aguiar, Denison Melo; Romero, Antonio Enrique Fonseca; Rocha, Lígia Prado
The potentiality of mediation to serve as a mechanism capable of increasing indigenous peoples in agrarian conflicts, so as to arrive at decisions that increase your quality of life. This analysis is done by describing the concepts keys to agrarian mediation, involving what mediation is and what method should be be applied; what are indigenous peoples; what are the characteristics of an agrarian conflict; it's the self-determination and how to achieve it in the context of indigenous people who do not intend threaten the sovereignty of their national state. The study goes deeper into what they are and at which point do indigenous and non-indigenous views of the land conflict and a parallel between Brazilian and Andean constitutional treatment of indigenous autonomy. Per Finally, reasoning is developed as to what are the limits of state jurisdiction in a post-globalization and mediation itself, as originally thought.
Proteção dos direitos das crianças em situação de violência armada organizada no Brasil e a aplicação do conceito de Crianças Soldado
(Universidade do Estado do Amazonas, 2018-12-13) Sena, Aurea Sophia Cortezão; Aguiar, Denison Melo; Silva, Ygor Felipe Távora da; Lima, Adriana Almeida
The expansion of drug trafficking, especially cocaine, in Brazil, due to its high profitability, has attracted more and more young people and children who do not find opportunities outside criminality and turning them into small soldiers. This research uses the qualitative approach, relying on bibliographic and documentary means, especially legislation, doctrine and jurisprudence, to analyze the situation of Brazilian children employed in drug trafficking, considered minor offenders in light of the homeland law, despite their socially vulnerable situation and make a comparison with child soldiers, who are considered victims of war and protected by international law. It seeks to study the concept of children in the light of the Brazilian and international legal system to understand the divergence between them. It seeks to investigate the Brazilian socio-educational system applied to young people and to demonstrate its lack of effectiveness. To make an analogy between Brazilian trafficking and war situations, to further investigate the extent to which the entry of these children in situations of armed conflict can be considered voluntary.
Proteção internacional dos direitos humanos dos povos indígenas: possibilidade de contaminação mercurial do noroeste amazônico
(Universidade do Estado do Amazonas, 2018-12-13) Oliveira, Patrícia Maia de; Aguiar, Denison Melo
Considering that several researches prove the effects of mercury on the environment and people, as well as the mercurial contamination in the Amazon, being this chemical element from mines; also knowing that Brazil ranks first among countries that have illegal mining activities on indigenous lands and conservation areas; research on the International Protection of the rights of indigenous peoples of indigenous lands located in the northwest of the Amazon against the risk of contamination. Therefore, it is necessary to verify the environmental theme in the Inter-American Human Rights System; to raise the instructions of the international conventions on the mercury theme of which Brazil makes is consignee; and to investigate the situation of the indigenous peoples of the northwestern Amazon region in relation to mineral extraction activity. Then, a deductive documentary and bibliographic research is carried out in the northwestern Amazon area, targeting indigenous populations. In view of this, it appears that the Inter-American Court recognized the existence of the undeniable relationship between the protection of the environment and the realization of other human rights, making it possible for the Court to be directly prosecuted of the environment; Brazil has made a commitment to reduce mercury use through the Minamata Convention; Indigenous peoples of the demarcated region have no interest in mineral exploration in the face of the current conditions imposed, but receive many harassment. This requires the realization that the application of the principle of prevention of environmental law is necessary in cases involving mining and Indigenous Lands, as well as it is important for the achievement of the international protection goals that mines near the IT are regularized and that Priority should be given to inspections of illegal mines in the Indigenous Lands; compliance with the information principle set out in OC-23 is also required.