https://repositorio.ufpb.br/jspui/handle/tede/4348 PPGCJ Sun, 17 May 2026 18:38:07 GMT 2026-05-17T18:38:07Z https://repositorio.ufpb.br/jspui/handle/123456789/38080 Título: 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: Dissertação Thu, 27 May 2021 00:00:00 GMT https://repositorio.ufpb.br/jspui/handle/123456789/38080 2021-05-27T00:00:00Z https://repositorio.ufpb.br/jspui/handle/123456789/38075 Título: 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: Dissertação Wed, 03 Nov 2021 00:00:00 GMT https://repositorio.ufpb.br/jspui/handle/123456789/38075 2021-11-03T00:00:00Z https://repositorio.ufpb.br/jspui/handle/123456789/38060 Título: 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: Tese Fri, 25 Jul 2025 00:00:00 GMT https://repositorio.ufpb.br/jspui/handle/123456789/38060 2025-07-25T00:00:00Z https://repositorio.ufpb.br/jspui/handle/123456789/38050 Título: A criação de municípios na Paraíba após 1988: a repercussão da norma constitucional no desenvolvimento socioeconômico das localidades Autor(es): Cavalcanti Neto, Severino Pereira Orientador: Franca Filho, Marcílio Toscano Abstract: This dissertation is the result of investigations into the topic of the creation of municipalities after the advent of the 1988 Constitution, which famously took on political decentralization in its text, enabling an exacerbated multiplication in the number of municipalities in our federation. This is because it assigned to state complementary laws the role of regulating the processes of creating municipalities. After the concerning results of the excess of new, small municipalities created in the country, Constitutional Amendment No. 15 of 1996 was approved, which practically halted new emancipations, assigning to a federal complementary law the role of regulating the matter of creating municipalities. Since this federal complementary law has never been produced, a situation of territorial management rigidity arose for municipalities in the process of emancipation, generating legal inconsistencies regarding the matter. This work will ultimately discuss how these inconsistencies and the delay of over two decades in implementing a constitutional provision by the legislative power affect the development of localities, from a perspective of development as freedom. To accomplish this, the work studies the case of Paraíba, as a means of understanding the impact of this norm on the local dynamics, and relies on documentary sources to demonstrate the legislative path that culminated in this anomalous situation and discusses the justification behind the confusion that will be evidenced throughout the text. Editor: Universidade Federal da Paraíba Tipo: Dissertação Tue, 28 Feb 2023 00:00:00 GMT https://repositorio.ufpb.br/jspui/handle/123456789/38050 2023-02-28T00:00:00Z