Mestrado em Direitos Humanos (PRPG)
URI Permanente para esta coleção
Navegar
Navegando Mestrado em Direitos Humanos (PRPG) por Por Orientador "Coelho, Saulo de Oliveira Pinto"
Agora exibindo 1 - 5 de 5
Resultados por página
Opções de Ordenação
Item Direitos humanos, sociedade do espetáculo e (in)efetividade das políticas públicas: uma reflexão sobre as consequências constitucionais da espetacularização das políticas públicas voltadas à promoção dos direitos humano-fundamentais(Universidade Federal de Goiás, 2016-08-23) Assis, Alline Neves de; Santos, Goiamérico Felício Carneiro dos; http://lattes.cnpq.br/4360025460772301; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Solsona, Gonçal Mayos; Machado, Francisco Mata Tavares; Silva, Robert Bonifácio da; Bambirra, Felipe MagalhãesThis thesis has the objective of analysis of the shortcomings of the legal means to control the decision-making process with regard to public policies for the promotion and implementation of human-fundamental rights, addressing specifically the problems brought by the phenomenon of "spectacle of policy "on constitutionally proper execution of such public policies. It argues that the legal and constitutional mechanisms to control the legality and effectiveness of such policies are unable to identify and evaluate the role that the media and use media of government actions - aimed at improving approval rates and electoral performance of governments - have the definition in the implementation of such policies, due to the low interdisciplinary permeability of the current juspublicist paradigm to the language of communication science and policies, regarding in particular the current 'culture of the spectacle' which we live and, consequently, the policies culture of the spectacle based on the perspective of the influence that the mass media and networked media have on public opinion, being an important variable considered in the actions and decisions of managers and public administrators. It starts with the criticism of the current theoretical frameworks of Public Law, Constitutional Theory and Theory of Fundamental Rights, as well as reflective and interdisciplinary analysis on the current role of media in political and social life, to explicit, as a central outcome of the investigation, the contradictions and gaps in the current legal and constitutional control instruments of public policy, in ensuring of link them to what's supposed to be the legitimizing goal of all of them: the promotion of human-fundamental rights.Item O sistema interamericano de proteção dos direitos humanos a partir do constitucionalismo multinível, do transconstitucionalismo e da interconstitucionalidade: desafios e limites(Universidade Federal de Goiás, 2015-11-25) Cordeiro, Lais Vaz; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Ferreira, Mariah Brochado; Bambirra, Felipe MagalhãesSince the promulgation of the Universal Declaration of Human Rights by members of the United Nations (UN) in 1948, major historical changes occurred in the international arena. The intensification of the complexity of global society led to the need for development of new legal models for new cross-border problems. It seeks, in this work, display and critically analyze the multilevel constitutionalism, transconstitucionalism and interconstitucionality and approach these perspectives in relation to the Inter-American System of Human Rights Protection (ISHR) in order to try to understand the phenomena of constitutional integration and exchanges in Latin American countries. From this objective, it seeks to present the current Project of ISHR and in particular the Inter-American Court (IACHR).It is understood that jurisprudence built by the IACHR, as well as the "conventionality control”, represent new factors in the legal systems that undergo a process of integration and therefore are relevant to understanding the contemporary dynamic. It presents a brief statement about the ISHR's performance in the Brazilian context and its consequences, as the critical position of Brazil in relation to certain requests and determinations issued by the Commission and Inter-American Court, respectively. Through the exposure of the Inter-American Court jurisprudence in cases of amnesty laws, we intend to identify, in the current Latin American scene, the placement of this Court, I try to view the prospects discussed and delineate potential consequences of each of the three constitutional integration models analyzed with regard the hypothesis of functioning as theoretical references at the Latin American experience of human rights promotion. It is recognized that neither model completely correspond to legal or political dynamics of the ISHR, however, it is expected to identify the approach and the distance of this system about these new emerging constitutional models of Constitutional Law, considering the conceptual delimitation of Human Rights used for the construction of this analysis, that is, they are constituted as an open content class, which is incompatible therefore with a universal-abstract and unifying bias.Item A proteção de direitos humanos através de instrumentos jurisdicionais de tutela coletiva: a defesa de direitos coletivos e difusos por meio da ação civil pública(Universidade Federal de Goiás, 2014-09-29) Coutinho, Marcelo Guimarães; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Leal, Rogério Gesta; Roriz, João Henrique RibeiroThis dissertation analyzes the judicial protection of collective and diffuse rights in Brazil. The contemporary social pluralism is seen as a set of perspectives from that derive the collective interests, marked by the multiplicity of subjects with identity demands, and as an expression, many times, of human rights categories. The repeated disregard of collective interests, massified in the context of the welfare state, led to the creation of legal instruments for collective protection. The research highlights the public civil action. The breadth of claims that may be conveyed by the public civil action makes possible the protection of goods and interests of more immediate utility for social groups and the community as a whole, compared to the traditional object of popular action. The public civil action is not seen as just a quirky Brazilian legal-procedural instrument, but as a space of representation of social interests in the current stage of democracy. In order to better understand the historical and cultural arrangements of structure formation of the Brazilian judicial protection of collective and diffuse rights, is traced a brief global overview of the development of instruments for the defense of these rights. The management of the public civil action supposed a transformative potential, suitable for reflections of philosophical and hermeneutic perspectives on the new constitutionalism‘s milestones, since there is little research on the effectiveness and the efficiency of the management of this instrument in Brazil, especially with respect to the conjugated achievement of fundamental rights treated as a inseparable complex in current constitutional order. The instruments of collective protection, that were born in the context of mass society, hardly been consolidated in Brazil and already have its foundations - the Social State of Law and the positivistic hermeneutics - in check. In this monograph, are exposed and analyzed specific cases of public civil actions in Goiás. Statistical data related of these collective actions in Goiânia are considered in evaluating the overall effectiveness and efficiency of the public civil action in defense of collective interests and in assessing the role played by civil society associations and Ministério Público. This is a study that brought together the theoretical and empirical perspectives, and with it, tried to make a realistic diagnosis about the efficiency and effectiveness of the public civil action as an instrument of collective protection of representative social interests of human rights, in an effort to interdisciplinary approach of the subject.Item Compliance, transnacionais e direitos humanos: estudo de caso de aplicação da inteligência compliance em auditoria por adesão para avaliação da conformidade de mineração de grande porte aos princípios orientadores da Organização das Nações Unidas(Universidade Federal de Goiás, 2019-08-21) Oliveira, Ilana Patrícia Nunes Seabra de; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Borges, Alexandre Walmott; Tavares, Francisco Mata MachadoThe present research aims at the evaluation of human rights violations, using the parameters recommended by the Guiding Principles of the United Nations Organization. The locus of the examination is the transnational company located in the municipality of Crixás, in the state of Goiás. In this context, the central problem is to verify if the transnational adheres to the Guiding Principles of the United Nations in its corporate culture, regarding human rights. The need to adhere to them indicates the company's interest in preventing violations, in the analysis of risk by shareholders, in coping with impacts and in repairing the injuries caused. The test mode will be drawn from compliance intelligence in the auditing format by adherence to the aforementioned principles. The proposed theorization is based on the reflections of Hans Jonas, on the international and national normative aspects, on the socio-environmental particularity. The investigative and experimental character of prototyping in compliance follows the methodology of verificationism in (in)conformity of the documentary examination to adherence to the Guiding Principles of the United Nations, with the diagnosis by the method of deductive analysis and the scientific perspective of analysis of this discourse.Item Licenciamento ambiental de empreendimentos minerários de grande porte no estado de Goiás na perspectiva de proteção dos direitos humanos: um diagnóstico da experiência goiana de regulação dos impactos socioambientais nos processos de licenciamento(Universidade Federal de Goiás, 2019-04-18) Silva, Tiago Ducatti de Oliveira e; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Santos, Jorge Luiz Oliveira dos; Ferreira, Fernanda BusanelloThis research aims at analyzing the environmental licensing practices on large mining enterprises developed in the state of Goiás, based on a sample of licensed projects covered in the period 2003-2018. It critically analyzed the following priority dimensions: transparency; social participation; and potential degree of protection of established conditioners. This dissertation, acting in a border area between Law, Social Sciences and public policies, adopts a cone-shaped research, initially exploring theoretical questions about environmental licensing, including a comparative perspective, and culminating in the evaluation of the environmental licensing of large mining activities in Goiás. The work justifies itself by the lack of scientific productions about environmental licensing of mining activities in Goiás, the third largest mineral producer in the country. The methodological approach adopted transits between an exploratory perspective and a hypothetical-deductive proposal. Procedural methods, however, include bibliographic research, documentary analysis of the licensing processes and responses offered to information requests, and conducting in-depth interviews with an intentional sample of a representative of the licensing body, members of the State Public Prosecutor's Office and members of the civil society participating in the environmental licensing hearings; adopting all of these efforts and research strategies considering the selected sample of environmental licensing as case studies. Among the initial results, it was verified that the licensing should not be restricted to the impacts to the strict sense environment, once social (socio-cultural and economic) impacts generated need to be taken into consideration as well. This is due to the environmental licensing regulatory model of Brazil, which, despite its name, is the only organized instrument to measure social impacts that the public power can adopt to regulate large enterprises in the country. The research progress demonstrated the existence of a permanent risk of public hearings and other instruments of social participation becoming a simulacrum. The analysis of large mining projects specificities resulted in the notion that Goiás does not adopt objective criteria to classify enterprises according to its size. The documentary analysis and interviews, based on the theoretical construction carried out on environmental licensing in general and on environmental licensing of large mining activities, assessed qualitatively the active and passive transparency of the State of Goiás, as well as the social participation in public hearings and the protective potential of the conditions established in the environmentallicensing. Therefore, the work obtained as main results the verification of relevant problems indicators regarding the active and passive transparency about the selected processes, a generally pro forma fulfillment of social participation requirements, in which instruments such as public hearings have in practice little weight on the decision making process of environmental licensing, which translates as a low relevance of social participation in the formation of socio-environmental conditioner of the projects; in relation to these, the dissertation verified a preponderance of conditioners related to the physical and biotic factors, to the detriment of the economic and socio-cultural impacts, as well as systemic failures in monitoring and compliance of the conditioners adopted.