DSpace Coleção: PPGCJPPGCJhttps://repositorio.ufpb.br/jspui/handle/tede/43482026-08-10T00:22:24Z2026-08-10T00:22:24ZComunidade quilombola de Mituaçu, racismo ambiental e a reapropriação dos territórios de vida no Vale do Rio Gramame na Paraíba - PBFilgueira, Debora Louisehttps://repositorio.ufpb.br/jspui/handle/123456789/385342026-07-28T06:08:53Z2025-06-25T00:00:00ZTítulo: Comunidade quilombola de Mituaçu, racismo ambiental e a reapropriação dos territórios de vida no Vale do Rio Gramame na Paraíba - PB
Autor(es): Filgueira, Debora Louise
Orientador: Borges, Maria Creusa de Araújo
Abstract: This thesis develops a critical investigation into the phenomenon of environmental racism,
using as its empirical object the case of pollution in the Gramame River, in the state of Paraíba,
Brazil. The social inequalities and practices of exclusion and environmental injustice to which
the communities of the Gramame River Valley are subjected reaffirm the logic of necropolitics
applied to traditional territories and constitute systematic and multidimensional violations of
fundamental rights guaranteed by the 1988 Federal Constitution. At the same time, the
resistance of the affected communities emerges as an active process of territorial re-
signification, self-determination and reappropriation of their life territories. This resistance
confronts the logic of accumulation by dispossession and the environmental destruction
promoted by capitalist projects, proposing sustainable alternatives to the imposed
environmental devastation and establishing itself as a political act of (re)existence.
Accordingly, the research analyzes how the communities of the Gramame River Valley,
especially the quilombola community of Mituaçu, develop strategies of resistance,
reappropriate their territories of life and reaffirm their identities. The thesis is guided by the
central question: How does environmental racism manifest itself in the dynamics of territorial
exclusion and denial of fundamental rights affecting traditional and vulnerable communities in
the Gramame River Valley, and how do these groups construct strategies of resistance and
territorial reappropriation? The general objective was to analyze the concrete manifestations of
environmental racism based on an intersectional perspective, highlighting the relationship
between environmental injustices, the violation of territorial rights and cultural preservation.
The specific objectives were: (a) to present the theoretical and conceptual debate on
environmental racism perpetrated against vulnerable and traditional communities; (b) to
investigate the socio-environmental conflicts involving the Gramame River Basin and their
influence on the territorial dynamics and structure of the quilombola community of Mituaçu
(PB), as well as on its identity-building process as a quilombola community; (c) to analyze the
defense of natural and cultural heritage as an expression of territorial resistance and the
construction of environmental justice through a dialogue of knowledges; and (d) to assess the
political participation of the subjects involved in the struggle for their fundamental rights and
the actions of reparation in favor of the disproportionately affected population.
Methodologically, a qualitative approach was adopted, consisting of a review of bibliographical
and documentary sources, as well as field research that included semi-structured interviews,
participant observation, photographic and audio records, and a field diary. The results show that
the resistance of traditional communities in the Gramame Valley constitutes an active and
continuous process of re-signifying struggles and defending their territories and ways of life,
supported by a counter-hegemonic logic that confronts the current model of economic
development and proposes alternatives based on environmental justice and the appreciation of
cultural diversity.
Editor: Universidade Federal da Paraíba
Tipo: Tese2025-06-25T00:00:00ZO 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: Dissertação2021-11-03T00:00:00Z