DISSERTAÇÃO DE MESTRADO - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO E INSTITUIÇÕES DO SISTEMA DE JUSTIÇA - PPGDIR

URI Permanente para esta coleçãohttps://tedebc-teste.ufma.br/handle/tede/637

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Escravidão contemporânea no Maranhão: um estudo sobre mulheres em condições análogas às de escrava e as políticas estaduais de resgate
(Universidade Federal do Maranhão, 2023-03-02) SOUSA, Karine Sandes de; SANTANA, José Cláudio Pavão; http://lattes.cnpq.br/5198686445529109; CHAI, Cássius Guimarães; http://lattes.cnpq.br/7954290513228454; CHAI, Cássius Guimarães; http://lattes.cnpq.br/7954290513228454; SANTANA, José Cláudio Pavão; http://lattes.cnpq.br/5198686445529109; CARNEIRO, Monica Fontenelle; http://lattes.cnpq.br/6170689209803775; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567
The object of this research is the contemporary slavery in the state of Maranhão, most notably regarding the rescue of women subject to this category of exploitation, and the effectiveness of the State Program of Confrontation against the Unfree Labor in Conditions Analogous to Slavery (Programa Estadual de Enfrentamento ao Trabalho em Condições Análogas à de Escravo) as a way of access to the Fundamental Rights of liberty, dignity of human person, and social reinsertion. The research is structured in the general goal of identifying what is the real contribution of the State Department of Human Rights and Public Participation (Secretaria de Estado de Direitos Humanos e Participação Popular, “SEDIHPOP”), within the scope of the State Program of Confrontation, and the access to the above-mentioned Fundamental Rights regarding the unfree working women rescued in the state of Maranhão, based on the main theoretical framework of: Dworkin (2002, 2005, 2014), Sarlet (2011, 2016), Delgado e Delgado (2017), Santana (2021), Chai (2004, 2022), Schwarz (2008), Chaves (2016), Miraglia (2016), Sen (2010, 2011) and Sousa (2011). Concerning the methodological pathway, the inductive reasoning and the scientific method along with the legal-descriptive and the legal-propositional methods have been adopted. The research techniques applied were the bibliographic annotations together with the utilization of questionnaires for data collection, producing a documentary exploratory research with a qualitative and quantitative nature. Deriving out of the results that have been obtained, the initially proposed axiom is confirmed, stating that the performance of the SEDIHPOP grants the Fundamental Rights to the women even though its invisibility factor is a negative element in the composition of the data collected from the rescues. As general conclusion, it is possible to identify that the fulfillment of the actions from the Confrontation Program is constant, however there is an obstacle: the challenge in proceeding with the follow-ups and verification of the effectiveness of the actions to the detriment of the rescues made, in a way that the re-enticement is hindered, and the social reinsertion is effective enough to promote the adequate liberty as personal and community development of the rescued women. Moreover, it is possible to conclude that the specialized performance is somewhat timid, considering that the concern with the gender element has been proposed by the Program of Confrontation itself.
Princípio da subsidiariedade na jurisprudência do Supremo Tribunal Federal: uma análise dos conflitos de competência entre os entes federativos no período de 1988 a 2022
(Universidade Federal do Maranhão, 2023-03-20) COSTA, Fredson de Sousa; RAMOS, Paulo Roberto Barbosa; http://lattes.cnpq.br/4081165602902213; RAMOS, Paulo Roberto Barbosa; http://lattes.cnpq.br/4081165602902213; CARVALHO, Márcia Haydée Porto de; http://lattes.cnpq.br/5154808741026403; LEAL, Fernando Ângelo Ribeiro; http://lattes.cnpq.br/9858226603548264
This research sought to analyze to what extent the Federal Supreme Court applies the principle of subsidiarity as a method of solving conflicts of competence between federative entities. For that, judgments were analyzed in the context of concentrated control of constitutionality within the scope of the STF, in the period from 1988 to 2022, which discussed who had the competence to edit a certain legislative act or to implement a certain public policy. As a method of procedure, Lawrence Bardin's content analysis was used, with the use of the categorical analysis technique, to study the selected judgments, according to the parameters established for the research. Before that, an investigation was carried out on the origin and meaning of the principle of subsidiarity and its application as a method of sharing competences. Afterwards, the presence of the principle of subsidiarity in comparative law was verified, with emphasis on the European Union, Germany, Italy and Portugal. An analysis was carried out of the models of division of competences adopted by Brazil, from the 1891 Constitution to the 1988 Constitution. It was found that, within the scope of Brazilian constitutional law, some scholars defend that the 1988 Constitution incorporated, even if implicitly, the idea of subsidiarity in the division of tasks between the Union, the States, the Federal District and the Municipalities, in the field of common and concurrent competences. Finally, the research found that the STF still does not apply the principle of subsidiarity as a technique for sharing competences, in the sense of favoring local initiatives to the detriment of the central entity. Despite the theme having been raised on several occasions, however, the debate is still incipient.

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