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Item Função contramajoritária do Supremo Tribunal Federal na proteção dos elementos culturais imateriais dos povos indígenas(Universidade Federal de Goiás, 2023-05-03) Caixeta, Marília Araújo; Fontenele, Alysson Maia; http://lattes.cnpq.br/5916938811645981; Fontenele, Alysson Maia; Munhoz Caleiro, Manuel; Silva, Liana Amin Lima daThe theme of the dissertation promotes a reflection on the role of the judiciary in protecting the intangible cultural rights of indigenous peoples, understood as a subjective cultural space that demands attention for its perpetuation over time. Thus, the research problem is whether there is a power-duty of the countermajoritarian role in protecting the cultural rights of indigenous peoples. In turn, the hypothesis resists in the affirmation that there is a function in the Federal Constitution, at the same time that this function can be a remedial mechanism for the violence suffered by native peoples. The general objective is to penetrate this subjective cultural space in modern legal dogmatics and to value it. In view of these needs, the research supports the basic theories and thoughts built by Peter Haberle and Boaventura de Souza Santos, in order to try to make a paradigmatic transition of the current judicial system, so that it reaches legal pluralism and effectiveness of the diversity of rights that are affirmed. The method used is the hypothetical-deductive, using bibliographic technique and comparative analysis of judicial decisions. Finally, the research shows the importance of rethinking the role of countermajoritarianism by expanding the interpretation of the constitutional norm beyond state institutions, because for the legitimacy of the Democratic State of Law it is necessary to insert other more democratic interpretations. The broadening of the interpretation allows the re-signification of law, as an autonomous social field, for social transformation, since the current judicial system, rooted in hegemonic western assumptions that need to be brokenItem Transparência dos gastos públicos em tempos de pandemia: estudo comparativo entre a metodologia de atuação da CGU e CGDF durante a vigência do estado de calamidade(Universidade Federal de Goiás, 2023-08-15) Martins, Paulo Wanderson Moreira; Vieira, Lucas Bevilacqua Cabianca; http://lattes.cnpq.br/7573576110391005; Vieira, Lucas Bevilacqua Cabianca; Motta, Fabricio Macedo; Nascimento, Bruno DantasThis research aims to address the theme of transparency in public spending during the COVID- 19 pandemic. The study investigates the relationship between the fundamental right of access to information and public transparency, exploring concepts, norms, and classifications related to the topic. Additionally, it examines the implications of the pandemic in the field of public procurement legislation, the challenges and controversies surrounding the division of competences in the federative pact, and the protection of personal data. The actions of the Office of the Comptroller General of the Union and the Office of the Comptroller General of the Federal District during the pandemic are also analyzed, as well as the measures taken to promote and evaluate transparency during this period. The research includes a comparative study of the performance of both institutions, with an emphasis on transparency practices and access to information, through qualitative and quantitative analysis of indicators. The obtained results allow identifying areas for improvement and best practices, providing implications and recommendations to enhance transparency policies. This research contributes to the deepening of the debate on transparency and access to information in the context of the pandemic, while offering insights for the improvement of related public policies.Item Poder municipal e direito agrário: alcance do poder normativo municipal para regulação de atividades agrárias implicadas na tutela do desenvolvimento local sustentável(Universidade Federal de Goiás, 2012-12-04) Morais, Rafaela Pereira; Melo, Luiz Carlos Figueira de; http://lattes.cnpq.br/9459320248524669; Coelho, Saulo de Oliveira Pinto; http://lattes.cnpq.br/6725961067847325; Coelho, Saulo de Oliveira Pinto; Marin, Eriberto Francisco Beviláqua; Carvalho, Luciani Coimbra deThis paper develops research on the scope and limits of Municipal Power in the regulation of agricultural activities in an attempt to demonstrate the relationship between the municipal powers outlined in the 1988 Federal Constitution, the system of government adopted in Brazil after the promulgation of this Constitution, constitutionalism and the relationship between the Agrarian Law, Environmental Law and Sustainable Development. The proposal is a (re) interpretation of the constitutional model of assignments skills with a focus on crosscutting and interdisciplinary social issues present in the body of the 1988 Constitution. Changing the concept of federalism, from its creation to the contemporary era, as is demonstrated through founding the (re) interpretation of the constitutional model described. Resulting from this new conception of federalism, are also altered concepts as democracy, citizenship, rule of law (for Rule of Law) and Fundamental Rights. From these premises, with the inclusion of the principle of human dignity as the foundation of the Federal Republic of Brazil is advocating that the city, as federal entity closest to the citizen, is the main entity capable of effecting sustainable local development, ensuring quality of life for present and future generations.Item Proteção jurídica das práticas e territorialidades específicas das comunidades ayahuasqueiras(Universidade Federal de Goiás, 2023-04-25) Teles, Marcus Vinícius Santana; Dantas, Fernando Antônio de Carvalho; http://lattes.cnpq.br/4265365823959236; Arruda, André Felipe Soares de; http://lattes.cnpq.br/8102718940888796; Arruda, André Felipe Soares de; Souza Filho, Carlos Frederico Marés de; Irigaray, Carlos Teodoro José HugueneyAyahuasca is a sacred drink used in a ritual way since time immemorial by the native Amazonian and Andean peoples. In Brazil, during the 20th century, the ritual use of ayahuasca increased among non-indigenous peoples, culminating in syncretic religions that later expanded beyond the Amazonian territory, including internationally. The relationship of these subjects with ayahuasca and consequently with the territory/nature is guided by ancestry and spirituality, that is, a conception that Nature is sacred, materialized through a harmonious relationship with Nature. That is, the specific practices and territorialities of the ayahuasca communities are not guided solely by a marketing relationship with the territory. These specific practices and territorialities are part of Brazilian culture, with their protection guaranteed by CRFB/88, which explicitly recognizes the plurality of Brazilian culture and within the scope of international protection and human rights, primarily by Convention 169 of the ILO. For these reasons, through the legal-sociological aspect, studying the legal phenomenon in the social environment and using deductive/inductive reasoning. We carried out a bibliographical review and a qualitative analysis of the specific practices and territorialities of the ayahuasca communities and their consequent spiritual relationship with the land /Nature. To conclude that territory and culture are inseparable. Therefore, the protection of ayahuasca practices is essential to guarantee and protect the territory and, consequently, the cultural heritage and identity of different subjects and communities. In addition, as these subjects promote movements in defense of their territorialities, they create a plural right of a counter-hegemonic character based on the preservation of Nature, on the consideration of individualism and the notions of private property.Item A atuação das organizações sociais de saúde nos hospitais de campanha dentro da política pública de saúde: um estudo no caso do estado de Goiás no contexto da pandemia da covid-19(Universidade Federal de Goiás, 2023-05-16) Valle, Anna Carolina Miranda Bastos do; Motta, Fabrício Macedo; http://lattes.cnpq.br/1446078229301388; Costa, Andréa Abrahão; http://lattes.cnpq.br/2926748366855225; Costa, Andréa Abrahão; Valle, Vanice Regina Lírio do; Bitencourt, Caroline MullerThis research has the scope of investigating public hospital health policy based on management contracts with social health organizations in Goiás, focusing on the role of control bodies in monitoring and evaluating this public policy in the context of the covid-19 pandemic. 19. The universe of study is delimited in the analysis of the state hospital management within the scope of the Department of Health of the State of Goiás. The sample selected for the investigation is equivalent to the emergency management contracts carried out with social organizations for the management of field hospitals for the care of patients with covid-19. The theoretical framework for organizing this research is the Law and Public Policy Approach and the methodology adopted was bibliographic research and documentary research. The analysis method is presented through the deductive method. An analysis of federal legislation, national jurisprudence and state legislation was carried out to, together with the construction of the reference framework for public hospital management policy through social organizations in Goiás, raise the necessary legal subsidies to carry out the diagnosis. This was carried out in 3 (three) stages through qualitative research, of a descriptive nature, using the documentary approach. The first stage analyzes the scenario of the covid-19 pandemic in the State of Goiás and the related legislation. The second stage includes the diagnosis of SES' performance in the process of monitoring and evaluating management contracts during the covid-19 pandemic through the analysis of the items: (i) qualification; (ii) general information; (iii) financial and (iv) accountability. The third stage includes the analysis of the performance of the State Comptroller General (CGE), the Goiás Agency for Regulation, Control and Inspection of Public Services (AGR), the State Court of Auditors (TCE), the Legislative Assembly (ALEGO), of the Excellence Council of Public Hospital Units Managed by Social Health Organizations and the State Health Council in monitoring and evaluating the management contracts signed with OSS in Goiás for field hospitals in the years 2020 and 2021. At the end, it is necessary to structure the governance of the aforementioned public policy in order to have a coordinated action between the actors that compose the legal-institutional design, the broad evaluation of the public policy and not only the punctual monitoring of the management contracts, greater popular participation and social control, reformulation of procedures to avoid payments for estimates, verification of integrity programs, active internal control, external control of public policy and the realization of the fundamental social right of health for the population.