FD - Faculdade de Direito
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A Faculdade de Direito (FD), da Universidade Federal de Goiás, oferece o curso de Graduação em: Direito. Além de Especialização em: Direito Agrário e Ambiental; Direito Constitucional; Criminologia; Direito e Processo do Trabalho; Direito Internacional; e, Teoria do Direito.
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Item O abandono paterno equiparado ao aborto e as consequências futuras na vida do infante: uma análise acerca da insuficiência da medida indenizatória(Universidade Federal de Goiás, 2023-02-24) Teles, Maria Luiza Machado; Ormond, Adriana dos Santos; Ormond, Adriana dos Santos; Assis, Andrea Tavares Ferreira deThis monographic work compares paternal abandonment with abortion and analyzes the insufficiency of the indemnity measure provided for in Brazilian legislation as a method of reparation. It seeks to question whether the mere indemnity is effective for the cessation of the damage suffered by the infant. To this end, the first chapter points out the historical view of family formation and also the importance of the father figure in the life of the offspring. In the second chapter, the structural chauvinism in society as a basis for paternal abandonment is discussed, as well as the comparison of the vision between paternal abandonment and abortion by society. Still in the second chapter, the future consequences of the practice of abandonment in the victim's life are analyzed. Finally, the third chapter deals with the existing civil liability in the event of paternal-child abandonment and, also, with regard to the indemnity measure currently applied as a form of reparation for the moral damage suffered by the infant, since it is a merely palliative measure for not having influence on the origin of the damage and not causing a real change in the parent and, with that, ceasing paternal abandonment. In addition, it points out the need to apply other socio- educational measures that come together with the compensation, so that not only the years of abandonment and father absence are compensated, as well as all the traumas resulting from the years in a purely financial way, but that there is a pedagogical intervention of a parental nature that is applied to the abandoning parent in a mandatory and coercive way, since, the mere indemnity is limited to the punitive character in cases of affective abandonment, causing that, on several occasions, the parental-filial relationship will worsen due to to the wear and tear that the lawsuit brings the parties, not reaching the resolution of the problem between parent and offspring, urging the need for an effective tool for this, in this case, mandatory parental education.Item Ação de reivindicação(Waldir Luis Costa, 1980-06) Borges, Marcos AfonsoItem Ação discriminatória(Waldir Luiz Costa, 1978-12) Borges, Marcos AfonsoItem O acesso ao direito e à justiça(Licínio Leal Barbosa, 2002-12) Marin, Eriberto Francisco Bevilaqua; Santos, Nivaldo dosItem Acionista controlador(Waldir Luiz Costa, 1977-12) Zeka, José Augusto PereiraItem Ações cabíveis entre as partes nos contratos agrários e respectivos procedimentos(Waldir Luis Costa, 1978-12) Borges, Marcos AfonsoItem Ações endossáveis(Waldir Luis Costa, 1979-12) Marques, Benedito FerreiraItem Ações escriturais(Waldir Luis Costa, 1978-12) Zeka, José Augusto PereiraItem Acordos de não persecução penal e os avanços da justiça consensual(Universidade Federal de Goiás, 2023-07-27) Junqueira, Brunno Felipe; Santos, Nivaldo dos; Santos, Nivaldo dos; Lourenço, Cláudia LuizThe objective of this work is to analyze the advances of consensual justice in Brazil, with special emphasis on the Penal Non-Prosecution Agreement - ANPP, which was recently incorporated into the Brazilian legal system by Law 13.964/2019, known as the "Anti-Crime Package", which brought updates national criminal law and criminal procedure. This study also aims to understand the main mechanisms of consensual justice present in our legislation, namely the Criminal Transaction, the Conditional Suspension of the Process, the Awarded Collaboration, with greater emphasis on the innovative aspects brought by the ANPP institute. In this sense, its concept, nature and requirements will be analyzed, deepening the study related to the constitutionality of the confession, in addition to the applicability of the institute and aspects related to retroactivity and non-compliance with it. In addition, based on current data and relevant information, seek to examine whether the agreements, even with their recent insertion in the legal framework, can really promote progress and improvements to the criminal prosecution system in Brazil.Item A adoção e os direitos sucessórios(Marcos Afonso Borges, 1983-12) Marques, Benedito FerreiraItem Águas na Amazônia e direito ambiental internacional(2012) Silva, Solange Teles da; Dantas, Fernando Antonio de CarvalhoThis article deals with the legal protection of the waters of the Amazon. It examines the dynamics of legal rules on ownership and management of the water and international natural resources in Brazil and the countries that form part of the Amazon river basin. It concludes that in this momentum, there is a need to consider the challenge of complex legal regulation on the hydrological cycle of the water and the intrinsic relationship between the water and the social and biodiversity.Item Algumas contribuições de Milton Santos para a compreensão do Plano Diretor Participativo das cidades(2015-09) Moreira, Pedro Nunes Britto; Dantas, Fernando Antonio de Carvalho; Martins, Camila RagoneziThis article provides a brief analysis of how the theories of Milton Santos may be important for a critical understanding of the spatial and social dynamics of cities and presents some considerations on how such analysis may be relevant to the realization of the right to public policy of urban planning by through Participative Master Plan. Indeed, after a short examination of capital influences on the city's production and provide some application difficulties of urban legislation geared to collective interests, underscores how the actions and class experiences can be key elements in the development of the urban planning process. Finally, this study aims to interpret the law and the Participative Master Plan as the urban construction of vectors that can accommodate alternative uses and thus be used as emancipatory instruments and promotion of an urban democracy.Item Alguns direitos de proteção à personalidade no sistema jurídico inglês(Waldir Luiz Costa, 1977-12) Castro, José Soares deItem Alienação parental e isolamento social: uma análise interdisciplinar acerca das influências da pandemia da Covid-19 na atuação do direito de família na contemporaneidade(Universidade Federal de Goiás, 2023-08-18) Ibrahim, Carolina Hanna Mazyad; Ormond, Adriana dos Santos; Ormond, Adriana dos Santos; Assunção, Graciana SulinoThe present work aims to address the theme of parental alienation linked to the social isolation caused by the Covid-19 pandemic, analyzing the influences of this phenomenon on the performance of family law today. The study adopts an interdisciplinary approach, seeking to understand how social changes and the restrictions imposed by the pandemic have affected family dynamics, in addition to discussing legal issues related to parental alienation. In this sense, it will seek to analyze the Law n°. 12,318 / 2010, embraced as an important advance in the protection of children and adolescents in Brazil, since it brought to the legal system concepts related to Parental Alienation Syndrome. However, there is a significant gap in the discussion about the problematic issues surrounding this legislation, especially with regard to gender prejudices and how they also affect the minors involved. In addition, parental alienation stands out as a complex phenomenon that occurs when one of the parents or guardians deliberately seeks to undermine the bond, both emotional and physical, of the child with the other parent, generating conflicts and wear and tear in the family relationship. With the advent of social isolation, family dynamics have undergone drastic changes, often distancing parents from face-to-face coexistence with their children, creating, in turn, new challenges for the exercise of shared custody and compliance with visits. Thus, there will be a contrast between the preservation of the health of the child and the principle of the best interest of the child, since the care of the offspring had been accentuated, in order to avoid as much as possible the contamination of the child, preventing, for this, displacements considered necessary. It is observed, however, that this premise came to be seen as a facilitating apparatus for those who aimed to implement parental alienation, using the preservation of the child's health as a subterfuge to ban contact with the other parent. Finally, the study will emphasize the importance of an interdisciplinary approach to face the challenges imposed by the Covid-19 pandemic in the context of parental alienation and family law, encompassing Psychology in its interface with Law, based on systemic theory. In this sense, it is concluded that collaboration between different areas of knowledge is an essential factor in understanding the complexity of these issues and developing effective strategies to protect children's rights, promoting a healthy and harmonious family environment, even in adverse situations, such as the pandemic.Item As alterações realizadas pela lei complementar 118, de 9 de fevereiro de 2005 no código tributário nacional(Maria Cristina Vidotte Blanco Tárrega, 2007-12) Freitas, Leonardo BuissaThe topic of the present article is the changes brought by the Complementary Law 118/05 to the Brazilian tributary system. It will be boarded questions like the responsibility after succession, the installment and the privilege of the tributary credit. It is also going to be analyzed the question of the non-availability of goods and rights of the tributary debtor as well as the new dead line for the restitution of the tributes present in the third article of the Complementary Law 118/05.Item Análise da aplicação do princípio da vedação de retrocesso ambiental pelo Supremo Tribunal Federal em julgados de (in)constitucionalidade das áreas rurais consolidadas(Universidade Federal de Goiás, 2022-01-21) Marin, Eriberto Francisco Bevilaqua; Mascarenhas, Giovanni Martins de AraújoThe present research adopts a qualitative approach and is developed through bibliographic and documentary analysis of doctrinal decisions and constructions, with the adoption of the deductive method so that, after analyzing the historical and legal configuration of the principle of prohibition of the setback in environmental matters, it is possible to understand and consider the application of this principle by the Supreme Federal Court, in the judgment of the direct actions of unconstitutionalities and the declaratory action of constitutionality with respect to the creation of the Consolidated Rural Areas by the Forest Law No. 12,651, of 2012, which provides for the Brazilian Forest Law. In this context, an approach is made about the evolution and understanding of the environmental issue in the global scenario, of environmental regulation in the Brazilian Federal Constitution of 1988, and the creation of the Consolidated Rural Areas. Afterwards, the principle of prohibition of setbacks is analyzed, as guarantor of the environmental conquests, which aims to ensure protection to the environment, as well as its unfolding in the duty of progressive protection, either by state agencies or by private individuals. At the end, it appears that the STF quotes and analyzes the principle in several passages in the judgment, however without its effective application. In that way, it is concluded that there was an incorrect application of the principle of prohibition of environmental retrogression by the Supreme Federal Court in case of Law No. 12,651 / 2012.Item Análise da responsabilidade estatal brasileira diante da grave crise humanitária do Povo Yanomami(Universidade Federal de Goiás, 2023-08-24) Duarte, Juliana Miranda; Rocha, Eduardo Gonçalves; Rocha, Eduardo Gonçalves; Moura, Priscila Kavamura Guimarães deGiven the serious humanitarian crisis of the Yanomami indigenous people declared in 2023, it is necessary to ascertain the accountability of the Brazilian State and its managers about actions and omissions that contributed to the tragedy. Methodologically, the bibliographical and documentary review with the analysis of primary sources of the Federal Public Ministry, Federal Regional Court of the First Region, Supreme Federal Court, Inter-American Commission on Human Rights, The Inter-American Court of Human Rights verified the provocations that urged the State to take measures to combat illegal mining and protect the Yanomami people. From this, it was studied the possible omission of Brazil and inefficiency of federal acts to contain the crisis experienced on indigenous land in the period between 2019 and 2022. It was concluded that it is appropriate the civil liability of the Brazilian State for collective damages caused and international accountability for human rights violations. As for the accountability of federal executive managers for the crime of disobedience proved to be appropriate, while what concerns crime against humanity and genocide need investigation to investigate the specific intent of the actors to commit it.Item Uma análise sobre a tutela jurídica da propriedade industrial brasileira: ponderada ou excessiva?(Universidade Federal de Goiás, 2023-08-16) Milhomem, Tiago Reis; Santos, Nivaldo dos; Santos, Nivaldo dos; Silva, Emanuel Jeremias Ramalho daThis article discusses industrial property rights in Brazil and their defense mechanisms, conducting a critical analysis of some of their shortcomings and their adaptation to the Brazilian reality. It evaluates the natural law and utilitarian theses, which are the two main pillars of industrial property defense. It questions the excessive punishability of the State in relation to piracy, which classifies behaviors and penalizes them with sentences that can exceed those for simple homicide. It carries out an analysis of the dilemma of industrial property protection, outlining the main conflicts of interest and the need for balancing to achieve equilibrium between the involved rights, while respecting the fundamental guarantees enshrined in the Federal Constitution. It further engages in a critical reflection on the economic, political, and social interests related to industrial property protection and the motivations behind its criminalization. Thus, employing the deductive method and conducting bibliographic research on articles, books, and laws, this study seeks to comprehend the historical construction of the right to industrial property, the influence of social transformations, its significance in contemporary societal development, and the safeguards established within Brazilian law. It concludes that there is an excessive punishment for violations of copyright due to the use of Criminal Law to classify acts of industrial property infringement. This protection infringes upon the rights and fundamental guarantees of the population, considering that, in light of the principles of proportionality and minimal intervention (ultima ratio), the topic should not be governed by Criminal Law but rather by other branches, such as Corporate and Commercial Law. Furthermore, it observes a latent judicial activism influencing verdicts to attempt to categorize violations of industrial property as more serious offenses, thus supporting the thesis that, beyond the interests of large industries, there is State interest in increasing fiscal revenue through repression.Item A aplicação das normas de saúde, higiene e segurança do trabalho no regime de teletrabalho ou home office(Universidade Federal de Goiás, 2023-02-27) Oliveira Júnior, Ivaney Paixão de; Azevedo Neto, Platon Teixeira de; Azevedo Neto, Platon Teixeira de; Santos Neto, Arnaldo BastosRemote work is a work modality favored by technological advancements and has experienced a significant and sudden increase due to the COVID-19 pandemic. Therefore, without clear and detailed regulations, and without enough time for proper planning, training, and structuring of the work environment at home, this new reality has accentuated concerns regarding the health and safety of remote workers. In this scenario, this article aims to investigate how occupacional health, hygiene, and safety general standards conform to the reality of teleworking and home office. To do so, a literature review is conducted, which includes an examination of norms aimed at guaranteeing these protections in these new work relationships. Although there is extensive regulation regarding the general protection of occupacional health, hygiene, and safety rights, it is observed that there is little discipline regarding the application of these rights to the reality of teleworkers. Although the 2017 Labor Reform sought to regulate the matter, important issues related to the topic have yet to be addressed. The rules are still insufficient and imprecise. Therefore, more detailed regulation is necessary to effectively guarantee worker protection in this modality.Item Aplicação de análise jurimétrica nas decisões do Tribunal de Justiça de Goiás em sede de habeas corpus: o (des)equilíbrio da balança(Universidade Federal de Goiás, 2022-03-08) Santos, Pedro Sérgio dos; Fernandes, Anderson Pablo PereiraThe text presents research carried out at the Goias State Court of Justice (Brazil), more specifically in the first and second Crimean Chambers, in which, through the method of empirical study in law called jurimetry, the statistical data of judgments and decisions in the requests for Habeas Corpus from the respective collegiate bodies in the second half of 2018. This article aims to demonstrate that in the collegiate of Goiás there is a clear tendency to refute the requests for Habeas Corpus pleaded by the defense, denying the vast majority of requests addressed to them. Thus, it is intended to highlight the subjectivity of the Court of Justice, which, acting in symbiosis with the Public Prosecutor’s Office, is foreign to the balance sought by the Democratic Rule of Law. a fact that directly affects public imprisonment policies.