DSpace Coleção: PPGCJPPGCJhttps://repositorio.ufpb.br/jspui/handle/tede/43482026-07-17T12:54:10Z2026-07-17T12:54:10ZO direito à proteção do patrimônio cultural religioso: uma análise comparativa entre Brasil e Itália a partir da teoria dos direitos fundamentais de Robert AlexyAquino, Lucas Felipe Cabral dehttps://repositorio.ufpb.br/jspui/handle/123456789/383512026-07-17T06:10:55Z2025-05-19T00:00:00ZTítulo: O direito à proteção do patrimônio cultural religioso: uma análise comparativa entre Brasil e Itália a partir da teoria dos direitos fundamentais de Robert Alexy
Autor(es): Aquino, Lucas Felipe Cabral de
Orientador: Franca Filho, Marcílio Toscano
Abstract: This dissertation addresses the legal protection of the Brazilian religious cultural heritage,
considering the interaction between norms of Cultural Heritage Law, Constitutional Law and
International Law, to analyse the possibilities of State action in the protection and promotion
of cultural assets of religious interest. In this sense, the objective is to discuss the legal concept
of “religious cultural heritage”, to differentiate it from other types of heritage and to highlight
its “living” nature, linked to religious practices and identity. In addition, based on Robert
Alexy's Theory of Constitutional Rights, the existence of a fundamental right to the protection
of religious cultural heritage per se is examined, as well as the compatibility of the duties arising
from it with the Brazilian Federal Constitution of 1988, in view of the confrontation between
the principle of State secularism and the duty to promote religious diversity. In addition, the
protection regime currently adopted by Brazil is also investigated, accompanied by a study of
the Italian legal system, which provides specific mechanisms for the protection of religious
cultural heritage, in search of examples of good practices that can be incorporated into Brazilian
Law. To this end, an extensive systematic review of the literature was undertaken, in a
multidisciplinary discussion with an emphasis on the Brazilian, international and Italian legal
literature, highlighting the work of Robert Alexy, Davide Dimodugno, Mircea Eliade, Nathalie
Heinich, Sven Peterke, Ingo Wolfgang Sarlet and Theodosios Tsivolas, accompanied by the
analysis of the pertinent normative complex (domestic, foreign and international) and
paradigmatic jurisprudential cases. From this, it is concluded that the recognition of sacredness
as a value to be protected by the Cultural Heritage Law and the formalization of agreements
between States and religious entities are strategies for the protection of religious cultural assets.
The harmony between the protection of religious cultural heritage and an inclusive state
neutrality is evidenced, which, to promote religious plurality, respects the specificities of these
cultural assets, without compromising constitutional principles essential to the guarantee of
democracy and equality.
Editor: Universidade Federal da Paraíba
Tipo: Dissertação2025-05-19T00:00:00ZDireito à saúde e ONGs's: pesquisa relativa aos mecanismos estratégicos do MSF em auxílio no tratamento de surtos e epidemiasCosta, Maria Aurora Medeiros de Lucenahttps://repositorio.ufpb.br/jspui/handle/123456789/380802026-05-17T06:10:46Z2021-05-27T00:00:00ZTítulo: Direito à saúde e ONGs's: pesquisa relativa aos mecanismos estratégicos do MSF em auxílio no tratamento de surtos e epidemias
Autor(es): Costa, Maria Aurora Medeiros de Lucena
Orientador: Sorto, Fredys Orlando
Abstract: Around the world, every day, patients do not have access to healthcare. People are
stigmatized, marginalized, neglected, their rights are denied by society, the State or the
international community, due to the managerial weakness in offering help. Thus, it is
important to note that the increasing complexity of social life has led to the claim for complex
rights that require the integration of efforts and strategies, with emphasis on the right to
health. In this scenario, the guarantee of human dignity and its list of subsistence rights
requires complex mechanisms of action. Thus, this research presents the following question:
The strategies and tools of assistance and documentation of medical-humanitarian issues of
the NGO Médecins Sans Frontières (MSF) in outbreaks and epidemics are part of a model of
solidarity action with the State in search of effectiveness of the right to health? In the search
for answers, a general objective was outlined, in which it seeks to prescribe whether the
assistance and tools described in the Medical Activity Reports of 2018 and 2019 are strategic
mechanisms to assist countries in the treatment of outbreaks and epidemics.
Methodologically, it is intended to face the problem from the general, theoretical and
normative analysis solidified in the specialized literature on the essentiality of medical-
humanitarian practice and the strengthening of Health in States that present a weakness in
institutional management in combating outbreaks and epidemics. In relation to the particular
scope of the research, research on the practical approaches and strategies of the MSF is
sought, through content analysis in relation to the understanding, clipping and categorization
of the indicators delimited in the Medical Activity Reports of 2018 and 2019 on outbreaks and
epidemics, through the integration of the descriptive and comparative methods. Along this
path, the research unfolds in an attempt to understand the phenomenon contained in the
research question presented. It is concluded that, for the understanding of the data, exploration
of the material and interpretation of the objective elements in the deductive understanding of
the research, that the articulation of the analyzed tools — based on methodological
delimitation of the searched data — must be considered important tools of medical-
humanitarian practice, since the strategic analysis, epidemiological investigation and
documentation of responses to outbreaks and epidemics in scenarios weakened by crises
establish new forms of assistance in primary care. These forms categorize and interconnect
solidarity-based promotion and prevention actions in the health-disease process and contribute
to the continuity of care for neglected and weakened populations in outbreaks and epidemics,
strengthening the production of knowledge and the search for the realization of the right to
health at the levels of primary care.
Editor: Universidade Federal da Paraíba
Tipo: Dissertação2021-05-27T00:00:00ZReforma trabalhista e prevalência do negociado sobre o legislado: a conversão da negociação coletiva em mecanismo de precarização dos pilares do trabalho decenteMangueira, Jaime Waine Rodrigueshttps://repositorio.ufpb.br/jspui/handle/123456789/380752026-05-17T06:10:41Z2021-11-03T00:00:00ZTítulo: Reforma trabalhista e prevalência do negociado sobre o legislado: a conversão da negociação coletiva em mecanismo de precarização dos pilares do trabalho decente
Autor(es): Mangueira, Jaime Waine Rodrigues
Orientador: Araújo, Jailton Macena de
Abstract: The Brazilian Federal Constitution removed the collective bargaining from the legal limbo,
with a view to democratizing popular participation, not only in the political aspect, but also in
the social and economic spheres. In this way, the model of labor regulations chosen by the
constitutional text brings together the harmonious interaction between the autonomous
collective private rules and state heteronomous rules, privileging the one that is more
favorable to the worker, in view of the teleological character of the Labor Law, except in the
exceptions contained in the constitutional text, as well as in those hypotheses involving
absolute unavailability rules. Furthermore, in view of the principle of sectoral adequacy
negotiated, the collective bargaining has a fundamental role in the process of improvement of
legislation in order to meet the interests of capital and labor equally, leading the labor
relations towards social progress, taking into account the prohibition of social retrogression.
Nevertheless, the Law No. 13,467/2017 introduced flexibilizing rules into the CLT (Brazilian
Labor Law). Among them, the articles 8th, §3 and the article 611-A, which were based on the
principle of minimum state intervention in the autonomy of the collective will. However,
those articles exacerbated the prevalence of negotiated labor agreements over legislated labor
law. As a result, it abandoned the rule: the norm more favorable to the worker is applied. In
this vein, the following question arises: is the minimum state intervention in the autonomy of
the collective will, in the molds recommended by the reforming text, in line with the
constitutional parameters of protection and valorization of human work? Considering the
absence of power symmetry between the collective contracting parts, the expansion of
possibilities of prevalence of business rules, to the detriment of heteronomous state rules,
regardless of reciprocal counterparts, except for rules protected by absolute unavailability, it
is not in accordance with the constitutional parameters, once it converts the collective
bargaining into an instrument that suppresses or reduces the pillars of decent work. To this
end, the elements that make up the relationships that involve the central questioning will be
handled through the hermeneutic method, because the Law No. 13,467/2017 exacerbated the
circumstances in which the agreements negotiated will prevail over the legislated labor law by
establishing the minimum intervention in the autonomy of the collective will, converting the
collective bargaining into a precarious mechanism for labor relations. In order to carry out the
research, historical, statistical and materialistic procedures will be used. By way of final
clarification, it was found that there is no need to talk about power symmetry between
collective contracting parts, despite the divergent understanding espoused by the STF
(Supreme Federal Court). Finally, it was revealed that the Law No. 13,467/2017 converts
collective bargaining into a mechanism that reduces the pillars of decent work; therefore, it is
out of line with the constitutional parameters.
Editor: Universidade Federal da Paraíba
Tipo: Dissertação2021-11-03T00:00:00ZAcordos internacionais de investimentos no Brasil (ACFI's) e desenvolvimento sustentável a dinâmica relacional investidor-Estado à luz do enfoque da justiça relacionalLuppi, Dávila Teresa de Galiza Fernandeshttps://repositorio.ufpb.br/jspui/handle/123456789/380602026-05-15T06:07:49Z2025-07-25T00:00:00ZTítulo: Acordos internacionais de investimentos no Brasil (ACFI's) e desenvolvimento sustentável a dinâmica relacional investidor-Estado à luz do enfoque da justiça relacional
Autor(es): Luppi, Dávila Teresa de Galiza Fernandes
Orientador: Caro Gándara, Rocío
Abstract: Historically, bilateral investment treaties (BITs), also known as agreements for the promotion
and reciprocal protection of investments (APPRIs), were conceived on the basis of a strongly
asymmetrical relationship between the contracting parties (the investor State and the host State),
assigning unilateral obligations only to one side—the host States, generally poor or developing
countries—while granting broad guarantees to investors without equivalent responsibilities.
This asymmetrical relationship persists, generating above all negative socio-environmental
impacts in investment-receiving countries and serious inconsistencies with the imperative of
global sustainability. Given the structural limitations of the traditional investment treaty regime,
alternative proposals have emerged with the aim of reconciling the protection of foreign
investment with international commitments to sustainable development. Among these, the
Brazilian model of agreement, known as the Cooperation and Facilitation Investment
Agreement (ACFI), stands out for introducing normative and institutional innovations, such as
clauses directed toward socio-environmental safeguards and the promotion of cooperative
governance between the contracting States. This research, conducted under an international
joint supervision agreement between the University of Málaga (Spain) and the Federal
University of Paraíba (Brazil), aimed primarily to investigate the relationship between investors
and host States, considering the complex structural asymmetry between them, in order to better
balance the binomial of investment protection and the promotion of sustainable development.
A recent movement toward the reform of the international investment regime can be observed,
which requires, among other changes, more balanced treaties aligned with the objectives and
targets of the 2030 Agenda and with sustainable development in host countries. The thesis
addressed the following research problem: how has the investor–State relationship been
structured with regard to the promotion of sustainable development? And to what extent are the
ACFIs prepared to foster investments in the spirit of the SDGs? To test the research hypothesis,
the study employed the methodological framework of relational justice, which, based on its
three-dimensional structure—institutionality, reciprocity, and sociality—provided a clearer and
more critical understanding of the relational dynamics between investors and States. This thesis
supported the argument that such a relationship presents “justice gaps”, particularly regarding
the dimension of reciprocity, and therefore needs to be (re)oriented to foster a cycle of
cooperation sustained by good faith and mutual trust between the parties. The Brazilian model,
despite its degree of innovation, only partially responded to the calls for the elaboration of
treaties consistent with the SDGs. It remains necessary to monitor and evaluate the
implementation of these agreements on a case-by-case basis, ensuring that Brazil, in practice,
promotes shared development without neo-imperialist ambitions. The thesis was structured as
a qualitative study, grounded in the analytical assessment of primary sources—such as the
ACFIs themselves and data from international organizations specialized in the subject—
alongside secondary sources based on national and international legal scholarship.
Editor: Universidade Federal da Paraíba
Tipo: Tese2025-07-25T00:00:00Z