Browsing by Author "Mendes, Tatiana Larissa Pendiuk"

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    O elemento território e sua significação para os Pataxó da Região Extremo Sul da Bahia
    (Universidade Católica do Salvador, 2020-03-10) Mendes, Tatiana Larissa Pendiuk; Baiardi, Amilcar; http://lattes.cnpq.br/; Souza, Ana Cláudia Gomes de; http://lattes.cnpq.br/; Ribeiro, Maria Clotilde Meireles; http://lattes.cnpq.br/; Cunha Júnior, Dirley da; http://lattes.cnpq.br/; Oliveira, George Gurgel de; http://lattes.cnpq.br/
    The history of Indians rights concerning to their territory is based on discrimination and disregard of these as people, since they even had their human condition questioned. Buried from their lands, the native peoples were manipulated by political and economic interests of the established power. The "indigenous question" is far beyond a single issue, the problems faced by the Indians, are increasingly complex and dependent on the state to offer solutions, and the most urgent is the issue of territory. We seek to demonstrate the vision of the legislators, from the colonial period to the present moment, regulating issues related to the Indians, their legal status, their freedom, their autonomy and their lands in particular. In this way we expose the difficulties for acceptance of the natives in the social context, since the prevalence of Eurocentrism until recently in our history which the disqualification of these people and the construction of an invisible wall that prevented the interaction with the national society. For this part of the dissertation we developed a documentary and bibliographical research, with exploratory approach with the purpose of constructing this historical focused and knowing how the Indian was perceived in the indigenous legislation. In the first moments of the discovery the Spanish and Portuguese documents served as sources and, after acquiring greater legal and legislative autonomy from Brazil, the national documents. The indigenous territory surpasses the notion of the spatial portion occupied by these peoples; its significance is directly related to the survival of peoples in social, cultural, spiritual, as well as economic aspects. The Pataxó people are among the most expressive in Brazil, numerically, occupy the 9th position of the ethnic groups with the largest population according to Fundação Nacional de Saúde (National Health Foundation)-FUNASA data, most of them living in the state of Bahia, in the extreme south region. We tried to know the opinion of the Indians about the meaning of the territory and the importance for the development of the villages in interviews with the leaderships in 15 villages. The result of the field research contributed to this understanding and show the main need and concern of the Indians today is still the regulation of their territory.
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    O estatuto ontológico do embrião humano: o nascituro enquanto Sujeito de direitos e titular de personalidade jurídica
    (Universidade Católica do Salvador, 2019-10) Mendes, Tatiana Larissa Pendiuk; Nery, Thárcio Martins do Nascimento Maia; UCSAL, Universidade Católica do Salvador
    The human being in formation has been analyzed repeatedly in the legal world in order to verify the incidence of rights over him. There is no consensus, because several elements are considered as a result of the multidisciplinary nature of the theme and result in concurrent or complementary and, sometimes, antagonistic doctrinal currents. In this attempt the exploratory research with qualitative analysis of the data will be developed with the description of the categories of analysis Personality and Capacity, with the objective of investigating the ontological status of the unborn child in the Brazilian legislation and its legal effects. In addition, the construction of the work seeks to highlight theories of legal personality, each of which is defended by authors such as Cristiano Chaves de Farias, Silmara Juny Chinellato, among others who argue in favor of the Conceptionist Theory; Those who find themselves in the "middle ground", that is, that defend the Conditionalist Theory, are authors like Clóvis Bevilácqua; Finally, authors like Washington de Barros Monteiro, strongly defend the Natalist Theory. Thus, it is observed that the arguments are based on a solid and deep foundation, which are divided into three theories, trying to explain how the condition of the legal personality of the unborn will be defined. Through the Research carried out in the areas of Civil Law, Bioethics and Fundamental Rights, it is possible to constitute different points of view regarding the unborn child. In addition, the provocations found in the Natalist Theory and the Conditionalist demonstrated a form of incentive to seek in the Conceptionist answers to counter the points related to the personality of the human being conceived in divergence. Also, to see the unborn as a protected being and protected by the legal system would be a way to extend the concept of personality to the same, because, even if a right is conditioned, this mitigating can not be considered as limiting the personality of the unborn. It is important to emphasize that from this relation, it is possible to reach an understanding, not only juridical, but also humanistic, ethical and philosophical, since the unborn child is a very personal entity without any constraints.