https://repositorio.ufpb.br/jspui/handle/tede/4348 PPGCJ 2026-04-06T22:25:36Z https://repositorio.ufpb.br/jspui/handle/123456789/37849 Título: Uma reflexão do direito através do paradigma ontológico da pessoa humana e de sua personalidade Autor(es): Santana, Valfredo Mateus Orientador: Godinho, Adriano Marteleto Abstract: This work aims to analyze the personality, while defending a legal perspective ethically committed to the human person, often despite of the current conformation of normative positivism, embodied in the inflationary mantle of the principle of human dignity, which has not solved many of the current legal serious problems, serving to everything and to nothing at the same time. The first main premise raised for the treatment of the presented theme is that the rational-modern experience - mainly based on the Kantian idea - to justify legally the principle of dignity has been shown to be insufficient in dealing with the material content of the protection and promotion of the human person. On the other hand, a Law that insists on being too hermetic, dogmatic, neutral and rational is inappropriate for the realization of the human person, because it is not efficient involving the factual heterogeneity on which the demand for a freely developed personality is based, as an ethic rhetorical in the foundation of legal discourse. To contextualize these two main hypotheses, the initial theoretical focus of this research is in order to understand the ontological being, not necessarily seeking the formalization of a semantic concept proper to the human person, but, rather, in order to verify its forms of construction and its today's importance, in order to establish the extent to which they sponsor or disprove the notion of human personality or its strength in contemporary time and space. At this mid-term stage, this thesis is tangentially based on a criticism of the completeness system with which the positivist legal phenomenon was adopted in many countries, thus proposing a dimensioning of the subjective right in favor of the realization of the human personality. The analytical material built within this work should allow, throughout this study, some philosophical, theoretical and legally structured criticisms to the false ideal of materiality with which the Law is currently justified around the overvaluation of the principle of the dignity, but that does not conducts to the emergence of a personality as an ontological substrate for the main purposes of the human person, understood as a category of realization, in the legal world, intended for human existence. As it affects human and social sciences, this research has an eminently descriptive, qualitative and critical treatment. The method selected to ensure the exact alignment with this research was the hermeneutic-phenomenological, that has the magnitude of delving into the intricacies of human history to the present day, in order to proceed with the reduction, transcendence, renegotiation and resignification of some of its standards, in favor of a very firm foundation for the human person and his personality, which gives support to the Law to face the idea worked in this research, based on the results of Modern era fate. By way of general conclusion, we tried to emphasize in this work the ethical commitment to instill in the social mentality in general and, in particular, to interact with the academic, scientific communities, and among jurists, about the relevance of defending and promoting what can be called as the essence and fundamentality irreducible of human being, which covers the human personality, so relevant to the directions in whom legal order is spreading today. Editor: Universidade Federal da Paraíba Tipo: Dissertação 2020-03-24T00:00:00Z https://repositorio.ufpb.br/jspui/handle/123456789/37832 Título: Conciliação em ações previdenciárias nos juizados especiais federais a negociação institucionalizada de direitos sociais entre estado e pessoa cidadă Autor(es): Montfort, Ohana Lucena Medeiros Von Orientador: Souto, Márcio Flávio Lins de Albuquerque e Abstract: The present thesis analyzes the institutionalization of conciliation as an alternative means for conflict resolution within the scope of Federal Small Claim Courts, which was, initially, a tool to assist in the judiciary crisis and relieve the rising number of demands, as well as to provide speed to lawsuit closures, especially in cases concerning welfare system issues and the relation between the conciliatory parties in these disputes, aiming to analyze particularly the assumption of the isonomy in dealmaking. Alternative Dispute Resolution was raised as a means to empower North American communities, giving the citizens the opportunity to make deals over disputes among themselves, mediated by someone chosen as common will by all the parties, leading to the origin of the so-called multi-door courthouse system and of the idea that, in a long term, the number of conflicts in the society would decrease, reaching the concept of social pacification. The legislation concerning small claim courts has, as one of its purposes, the procedural economy, and the closure of disputes as quickly as possible, promoting conciliation as a means to this end, as often as it can be, whilst the specific regulations on mediation highlight the impossibility of the act when one of the parties is hypo sufficient. In this sense, the Resolution no 125 of the National Justice Council is considered as a legislative milestone of the auto composition of conflicts in the Judicial Power. One of the requirements for the parties to carry out the auto composition of litigation is the isonomy, the equality between two (or more) agents, in a way that the resources and means to negotiate their interests are available. It sounds a bit questionable the existence, among the Estate and citizens such condition regarding the welfare system demands, even though the citizens have, during the conciliation act, someone technically able to guide them juridically, considering it is a person who has the power and duty to provide negotiation. Hence, the general objective is to analyze the adequacy of the conciliatory mechanism as an instrument used for the definitive resolution of conflicts in the Federal Small-Claims Courts, specifically in welfare benefits lawsuits. Therefore, this research is characterized as both qualitative and quantitative, in which the hypothetical-deductive approach method and the systemic procedure method are used, aided by statistical, comparative, and historical-evolutionary methods, using bibliographic research techniques and indirect documentation. In the end, the analysis highlights a serious legal inadequacy of the conciliation as a means of conflict resolution in this specific field due to the citizen hypo sufficiency, and the cost to the Judicial Power not having a significant reduction of demands on Federal Small Claim Courts. Editor: Universidade Federal da Paraíba Tipo: Dissertação 2023-06-27T00:00:00Z https://repositorio.ufpb.br/jspui/handle/123456789/37827 Título: Território das quebradeiras de coco babaçu: direitos territoriais e regularização fundiária na Comunidade Centrinho do Acrísio, Lago do Junco, Maranhão Autor(es): Mendes, Josilene Ferreira Orientador: Borges, Maria Creusa de Araújo Abstract: The 1988 Federal Constitution prescribed legal recognition of the diversity of traditional peoples and communities existing in Brazil and their various ways of creating, doing things and living, as have other national and international legal instruments, such as Convention 169 of the International Labor Organization, which has been ratified in the country. The recognition of traditional territories, as spaces where these ways of life are manifested, has various forms of land regularization and agrarian reform modalities at its disposal, but they don't always correspond to the specificities of the territorialities of social groups. The thesis problematizes the elements of the specific territoriality of a community of babassu coconut breakers based on the social and legal practices and power relations established in the Centrinho do Acrísio Community, Lago do Junco, State of Maranhão. By following the process of community discussion, it was possible to reflect on a proposal for land regularization based on these elements. In order to perceive and understand these specificities and practices of the social group, semi-structured interviews were used, triangulated with ethnographic data obtained from participant observation and workshops, within the methodological perspective of action research. Based on the political notion of the body-territory, the results of the research showed that in the relationship between gender and power, the meaning of the use and configuration of the territory is given by the social and legal practices of the babassu coconut breakers. However, contradictorily, there was little participation by these women in the process of community discussion on the regularization of the community's land. As the process of community discussion about a new model of land regularization remains unfinished in the face of the community's mobilization against the real threats posed by economic projects vying for its territory, the intention is to resume this discussion with the mobilization for the effective participation of the breakers in this process. Editor: Universidade Federal da Paraíba Tipo: Tese 2024-07-30T00:00:00Z https://repositorio.ufpb.br/jspui/handle/123456789/37806 Título: O sujeito de direito animal sob a crítica da Teoria Geral do Direito de Evguiéni B. Pachukanis Autor(es): Formiga, Anne Mirelly Gomes Andrade Ferreira Orientador: Ataide Junior, Vicente de Paula Abstract: This paper aims to demonstrate the contribution of Evguiéni Pachukanis's critique of the general theory of law to the horizon of animal liberation. Animal liberation is understood as the possibility of achieving a new social organization in which humans and animals are free from the forms of capitalist social relations. Just as all scenarios of political struggle involve the recognition of rights, the political struggle for animals is also captured by the legal phenomenon, which, in its critical Marxist expression, manifests itself as a legal form. In this context, the theoretical basis of this research belongs to the field of critical Marxist philosophy of law. By understanding that legal subjectivity is one of the forms through which exploitation is reproduced, Marxist science presents the conceptual system capable of understanding the limits of the legal form that the relationship between humans and animals assumes in contemporary times. Pachukanis's critique of the general theory of law is used as a theoretical framework from which to address the contradictions of the legalization of animals. To this end, some theoretical assumptions are made: (i) that the chances of a historical time that reaches other animals as another to whom care must be given according to their needs, decisively passes through the process of critical learning about the structures that organize capitalist sociability, such as the legal form; (ii) that uncritical activism for the legal subjectivation of animals stifles this learning and is incapable of leading us to the possibility of another historical moment that is not the reproduction of the same social relations that produce the exploitation of animals. Editor: Universidade Federal da Paraíba Tipo: Dissertação 2025-07-31T00:00:00Z