Browsing by Author "Silva, Tagore Trajano de Almeida"
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Item O aborto por motivação terapêutica a partir do julgamento da ADPF 54: a (in)admissibilidade de extensão a outras hipóteses(Universidade Católica do Salvador, 2020-06-10) Carneiro, Gabriela dos Santos; Araújo, Ana Thereza Meirelles; http://lattes.cnpq.br/; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.br/Since the advent of ADPF No. 54 and the non-typification of the crime of abortion in cases of anencephalic fetuses, this article proposes a reflection on other diseases incompatible with extrauterine life and the possibility of extending the application of the decision handed down by the Supreme Court Federal Court to these hypotheses. Based on the ADPF 54 judgment, an analysis is proposed of the possibility that other diseases that generate incompatibility in postpartum life may also justify therapeutic anticipation of pregnancy.Item A abstrativização do controle difuso de constitucionalidade – atual tendência do STF(Universidade Catolica de Salvador, 2019-01-25) Torres, Sylvia Amorim; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.br; Meirelles, Ana Thereza; http://lattes.cnpq.br; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.brThis article aims to analyze the Theory of Abstractivization in diffuse control, in order to understand if the Federal Supreme Court (STF) adopted this theory in the incidental way. For this, we discussed the proposal of the thesis of abstractivization that supports the alteration of the traditional role of the Federal Senate, in art. 52, X, of the Constitution of the Federative Republic of Brazil (CRFB) of 1988, in order to assign general efficacy to the decisions, in the diffuse control, of the Supreme, and to have the function of divulging these decisions. The arguments were favorable and contrary to the thesis, and a parallel was drawn between Complaint 4335/AC and Direct Actions of Unconstitutionality (ADIs) 3406 and 3470, whose judgments impacted the jurisprudence of the Supreme Court on the subject of the study. Also the normative instruments that materialized the abstractivization in the legislative scope were verified. The result was that there is a tendency to approximate the effects of the declaration of unconstitutionalities between diffuse and abstract models, but it can not be said that the Supreme adopted this position. To do so, we adopted the methodology of research classified as deductive, the methods of comparative and hermeneutic procedure, as well as bibliographic, legislative and jurisprudential sources.Item Análise da gestão dos resíduos sólidos urbanos no Município de Salvador e os desafios ao cumprimento da lei federal nº 12.305/ 2010(Universidade Católica do Salvador, 2018-02-27) Sousa, Edilmar Ribeiro; Alva, Juan Carlos Rossi; http://lattes.cnpq.br/2039696191553980; Portella, André Alves; http://lattes.cnpq.br/1782631349656661; Carvalho, Silvana Sá de; http://lattes.cnpq.br/2509418288797497; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.br/4247501480576742; Silva, Aida Cristina do Nascimento; http://lattes.cnpq.br/1506907414606148This thesis aims to critically analyze public policies for the effective management of Urban Solid Waste in the Municipality of Salvador, in compliance with the provisions of Law No. 12,305 / 10 - PNRS. In this law, its articles say as priorities the efficiency and effectiveness of public policies in the municipality, among them, it is worth highlighting the preparation of the Municipal Plan for Integrated Management of Solid Waste, as a requirement to prove its adequacy to the aforementioned law. It also recommends the following parameters as targets: dump extinction and sanitary landfills in the municipal territories, following the criteria for the implementation of selective collection programs, socio-environmental responsibility, reverse logistics and environmental education; encouraging the participation of civil society through programs to encourage citizen participation in the processes of screening of solid residues; creation of associations and cooperatives of collectors as a way of insertion of the unemployed in the production chain; promotion of programs for directing waste to the reuse and recycling chains. As well as, to diagnose possible difficulties faced by the public management to make the municipal territory adequate in the form of PNRS and to bring as a proposal of feasibility of this adequacy, the creation of a solid waste management model as an alternative solution for this purpose. Although there is a State Solid Waste Policy (PERS) governed by Law 12.932 / 14 in the state of Bahia, which imposes obligations and responsibilities at the state level in relation to PNRS, similar to that already provided for in federal law 12,305 / 10, that, when the municipality complies with this federal law, it will also be conforming to the dictates of state law. Thus, the research focused only on federal legislation applied to the municipality of Salvador, bringing as a result the existence of a scenario of neglect of the subject, abandonment of responsibilities by public and private managers, and the difficulty of law enforcement nº 12,305 / 2010 by the supervisory bodies, which made clear, among other things, the omission and lack of punishment of public administrations.Item O aumento do número de ações judiciais no âmbito da relação médico-paciente pela violação do dever de informação(Universidade Católica do Salvador, 2019-06-10) Lemos, Victória Ferreira de Oliveira; Araújo, Ana Thereza Meirelles; https://wwws.cnpq.br; Silva, Tagore Trajano de Almeida; https://wwws.cnpq.brThe present work search to analyze the doctor-patient relationship and identify the possible causes that favor, nowadays, the increase in the number of a lawsuits between the subjects this relationship, notably for the infringement of the duty of to inform. Initially, it identifies the possible factors responsible for the transformation of the relationship between the patient and the medical professional and how the duty to provide information became an autonomous obligation. It is determined the concept of the duty to inform and how the doctor disregards this obligation, which is the reason the parties seek the judicial to solve the litigations arising from this bond.Item Autonomia da gestante e prática da violência obstétrica: o necessário delineamento de limites éticos jurídicos(Universidade Catolica de Salvador, 2019-01-30) Oliveira, Karina Santos; Araújo, Ana Thereza Meirelles; http://lattes.cnpq.br; Araujo, Ana Thereza Meirelles; http://lattes.cnpq.br; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.brThe main focus of this study was violence practiced against women during their gestational period. Obstetric violence is evidenced by gender violence, in which it causes human rights violations and is materialized through the imposition by medical staff of practicing interventions that are often unnecessary in the hospital environment. With the advent of industrialization and medicalization, a new paradigm of childbirth care emerges, being managed through health institutions and specialized medical staff in the area of obstetrics, in which it assumes total control of the entire parturition process, the pregnant woman being the protagonist of her own history, reducing her autonomy and making her vulnerable to the abusive practices adopted by the multidisciplinary team. In order to support such statements, information was sought in articles published in periodicals, legislation, and works of several authors who seek to establish their concepts within the suggested approach.Item A autonomia da vontade na doação de órgãos e tecidos post mortem: uma análise à luz do decreto nº 9.175/2017(Universidade Católica do Salvador, 2019-06-10) Cruz, Maria José Bittencourt Viana; Araújo, Ana Thereza Meirelles; https://wwws.cnpq.br; Silva, Tagore Trajano de Almeida; https://wwws.cnpq.brThe Law of Transplants of 1997 regulates post mortem organ donation. Said legal command was target to heavy criticism, for its scope served so that a system of consented donation was adopted in Brazil. That is to say, free and informed consent is required in order to initiate the process of organs, tissue and human body parts donation. The consented donation system violates the donor's fundamental rights, for it disregards eventual manifestation of will regarding donation, transferring this extremely personal right of decision (in favor or against) to others. After a time gap of 20 years, there was hope that Decree n. 9.175/2017 would solve the legal failure. However, what could be seen was a ratification of such legal misguidance, for said Decree also violated post mortem donor's autonomy of will, enhancing the need to free and informed consent of their family in order to authorize the process of organs, tissue and human body parts donation.Item A condição jurídica dos venezuelanos em situação ilegal no território nacional: delineando a necessária atuação estatal e a garantia dos direitos da pessoa humana.(Universidade Católica do Salvador, 2019-06-10) Barbeito, Andressa de Oliveira; Araújo, Ana Thereza Meirelles; https://wwws.cnpq.br; Silva, Tagore Trajano de Almeida; https://wwws.cnpq.brThis article aims to analyze the legal situation of Venezuelans in Brazil, based on the premise of economic and political crisis in Venezuela that the boasted to migrate and examine policy to guarantee rights to migrants in the national territory, whereas the right to migrate is a human right that cannot ilide the other rights, although in certain contemporary circumstances have been restricted or limited by the power of the state recipient. For both was used in the bibliographic research and data from official sources and reliable. It proved the identification of Brazilian normative devices and what they expect the Venezuelans in Brazil and what rights and measures need to be actioned.Item O convívio com os animais como instrumento da ressocialização do apenado(Universidade Católica do Salvador, 2020-06-10) Tanure, Júlia Diz; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.br/; Araújo, Ana Thereza Meireles; http://lattes.cnpq.br/The Science has already proven the of animals, like humans, are able to feel, learn and memorize, the way that can transmit the emotions on the people that surround them. For this reason, the need to expand the rights to these attributed beings has long been discussed. In another band, and equally urgent, is also a need to innovate in the treatment of incarcerated individuals to improve ressocialization that is still fallacious. In this way, equipped with specific and substantiated content, the present work aims to approach a new perspective for this resocialization process, approved in national legislation, mainly based on the Federal Constitution and the Criminal Execution Law, and based on clinical and a bibliographic review in the area of psychology that deals with the influence of animals on human behavior.Item Da licença ambiental: mobilidade urbana e seus impactos a partir do BRT na cidade do Salvador(Universidade Católica do Salvador, 2022-06-06) Ribeiro, Joilton da Silva; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.br/; Santos, Rafael Silva Verdival dos; http://lattes.cnpq.br/The present study aims to address the regulations related to environmental licensing versus the observance and surveillance of urban mobility and its impacts from the BRT in the city of Salvador. The city of Salvador, or BRT, will be part of the integration for as the bus and the metro, it will have the capacity to transport more than 34 thousand people per hour, in times of greater circulation of people. The vehicles employed by the system will be articulated with a capacity for 170 passengers, their doors will have a maximum length and compression of 23 meters, with an operating speed of 25 to 40 km/h, effectively amortizing the time not to pass the journey per day. Methodologically, the work consists of the analytical description of the context in which they will develop from urban mobility and its impacts from BRT in the city of Salvador. The environmental impact caused by the construction of the BRT has been given more attention in the adoption of sustainability strategies in recent years. However, the matter has been addressed little by no means academically, there is a gap in the application of two principles of sustainability and the inexigibility of the environmental license in the face of urban mobility and its impacts.Item (Des)judicialização da saúde: uma análise dos meios alternativos de conflitos em saúde(Universidade Católica do Salvador, 2021-06-07) Lemos, Camila Teixeira de; Araújo, Ana Thereza Meirelles; http://lattes.cnpq.br/; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.br/With the advent of the New Civil Procedure Code in 2015, the intention is to promote a more intense look at the application of alternative means in the field of Public Power, especially in the enshrining of the right to health with a focus on the Municipality of Salvador / BA. Along the lines of the current model of the Unified Health System, the constitutional command of art. 196 deals with the coverage and provision of services to be materialized by the State, centered on the principles of universal access and integrality of the subjects, which clashes with basic notions such as equity when faced with high demands, few resources, inefficient assistance and inequality in access to services, which also sin in terms of resolvability and quality. It reveals the difficult operationalization of social rights, discussed on a large scale in its theoretical aspect under the garments of generations of fundamental rights, whose study acquires relevance for us to understand the context in which we live, coupled with the search for the effective provision of rights in health, for which they still follow a rhetoric of insufficient practical application in the face of social problems, even more accentuated by the pandemic by COVID-19.Item O desmonte do sus e os desafios na garantia dos direitos fundamentais em tempos de pandemia(Universidade Católica do Salvador, 2020-10) Martins, Caio Lage; Pinho, Mariane Estrela; Silva, Tagore Trajano de Almeida; UCSAL, Universidade Católica do SalvadorItem O direito de recusa a tratamento médico: os efeitos de uma análise ponderada entre o artigo 15 do Código Civil e o do 146, §3, i do Código Penal(Universidade Católica do Salvador, 2019-12-02) Cerqueira, Maria Clara Peleteiro; Araújo, Ana Thereza Meirelles; http://lattes.cnpq.br; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.brThe imminent work aims to analyze, through a qualitative methodology, the right to refuse medical treatment arising from the exercise of autonomy belonging to the individual, as an intrinsic right to this. As if it is intended a deepening in the current scenario, through the observation to the doctor-patient relationship, which ends under a new model, where both parties are autonomous to make decisions. However, the question arising from the legal reflections present in this article is concerned with knowing to what extent the duty of the medical professional can interfere with the patient's right to decide which attitude to adopt regarding the practice or not of therapeutic treatment. The present study aims to verify the existence or not of the concreteness regarding the right to life, encompassing legal and cultural issues, together with the issue of the relationship with the criminal area, and the effects intended for society arising from such theme.Item O direito marítimo diante dos conflitos no sul do mar chinês: uma análise à luz da convenção das nações unidas sobre direito do mar de 1982(Universidade Católica do Salvador, 2021-06-07) Lins, Juliana Morais; Sousa, Marcelo Fontana de; http://lattes.cnpq.br/; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.br/; Mesquita, Gisele Amorim Nery de; http://lattes.cnpq.br/This article aims to investigate the regional and global dimensions of territorial disputes in the South China Sea, analyzing the claims of each country, in addition to presenting the main points of the decision handed down by the Permanent Court of Arbitration in the case of the Republic of the Philippines versus the People's Republic of China, decided in 2016. The South China Sea issue is one of the main issues study focuses within East Asia. It is involved as parties, the People's Republic of China, Taiwan, the Republic of the Philippines, Malaysia, the Nation of Brunei Darussalam and the Socialist Republic of Vietnam, which have conflicting claims on the maritime and island territory of the region.Item Disciplina jurídica do exercício da autonomia no fim da vida: uma análise das diretivas antecipadas de vontade face ao pressuposto da situação ortotanásia(Universidade Católica do Salvador, 2019-01-28) Mateus, Luis Fillipe de Oliveira; Araújo, Ana Thereza Meirelles; http://lattes.cnpq.br; Araújo, Ana Thereza Meirelles; http://lattes.cnpq.br; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.brThe present article aims to discuss the autonomy of the patient at the end of life, analyzing the anticipated directives of will in the orthanasia situation, as well as contextualizing the possibilities about autonomy, Just as in the important distinctions in the terminality of life. Through doctrinal, jurisprudential and legal reflexes, he seeks to ascertain the right to a dignified death of the patient, as well as the manifestation of will in orthanasia situations, based on the principles that affect the patient’s will.Item Família multiespécie: guarda compartilhada do animal de estimação na ruptura do vínculo conjugal(Universidade Católica do Salvador, 2020-12-07) Jesus, Rebeca Sousa de; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.br/; Araújo, Ana Thereza Meireles; http://lattes.cnpq.br/Taking into account that, in recent years, pets have assumed an important role within the family nucleus, mainly in the Brazilian scenario, this paper researches on acknowledgement of this new family group, which is, the multispecies family, and the legal situation of animals after the marital break of this family. Therefore, a doctrinal study is done with analyzes of court decisions, as well as Brazilian legislation and its gaps, bringing to discussion bills that aim to regulate the subject matter. Finally, it seeks to demonstrate how animals are seen by law, and how they ́re seen by the family entity, being necessary a legal protection different from that which exists today.Item As famílias plunacionais no direito brasileiro: arbitramento e execução das obrigações alimentícias a partir da perspectiva internacional(Universidade Católica do Salvador, 2019-12-02) Sieiro, Tatiana de Farias; Araújo, Ana Thereza Meirelles; http://lattes.cnpq.br; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.brThis scientific article aims to analyze the alimony institute, this right safeguarded in the Federal Constitution that has the parental obligation to support its children minors, in this way, the State, in its judicial function it has to ensure access to justice and its effectiveness when provoked in the action of alimony, however, when this situation is before two sovereign jurisdictions, where one of the parents is abroad, the delay resulting from this fact harms the rights of the minor who is in a situation of vulnerability.Item A (im) possibilidade de doação de sangue por LGBT+ à luz de atos regulatórios administrativos: uma análise a partir do direito constitucional brasileiro(Universidade Católica do Salvador, 2019-12-02) Martins, Caio Lage; Araújo, Ana Thereza Meirelles; http://lattes.cnpq.br; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.brBlood donation carries with it a self-imposed altruism of high significance to society, since only a single donation can save up to four lives. Thus, it is observed that with science and medicine in transformation, a portion of the rules that regulate the Brazilian hemotherapy procedures need to be adjusted to become dubious when referring to individual rights and collective interests. The article in question seeks to investigate the possible unconstitutionality of articles 64, item IV of Ordinance No. 158/2016 of the Ministry of Health and art. 25, item XXX, point “d)” of Anvisa's Collegiate Board Resolution No. 34/2014 by prohibiting homosexuals, bisexuals and their sexual partners from making donations, seeking support in the principles and provisions of the Constitution of the Federative Republic of Brazil, as well as analyzing technical and scientific motivations to justify their disability and alternative solutions at the international level that provide a parameter for the Brazilian legal system, investigating the possibility of flexibility in relation to the current fact-normative plan, adapting the normative the current social and scientific reality.Item (In) constitucionalidade do sacrifício de animais: análise do recurso extraordinário 494.601(Universidade Católica do Salvador, 2019-10) Pinho, Mariane Estrela; Silva, Tagore Trajano de Almeida; UCSAL, Universidade Católica do SalvadorItem (In)constitucionalidade do sacrifício de animais: análise do recurso extraordinário 494.601 sua perspectiva no direito comparado(Universidade Católica do Salvador, 2019-06-10) Pinho, Mariane Estrela; Silva, Tagore Trajano de Almeida; https://wwws.cnpq.br; Araujo, Ana Thereza Meireles; https://wwws.cnpq.brSociety is in constant transformation, having the right to follow the development of society, with all its advances and challenges, it is necessary to realize the right to protect animals in a new time, this one of formulation and mutation of concepts and paradigms disseminated in the community, aiming at achieving higher levels of effectiveness of the constitutional guarantees. In this work, we seek to approach the relationship in favor of the defense of non-human animals, in counterpoint to the establishment of traditional cultures, taking into account the place of vulnerability, verifying the national jurisprudential understanding and comparative law on the protection debate of culture and animal rights. Analyzing how it was possible to emphasize the protection afforded to animals in religious rituals, especially Africanborn cults, from the conformation between cults and animal rights with the judgment of extraordinary appeal No. 494.601.Item A legislação que protege os animais vítimas de maus tratos e sua aplicação na sociedade(Universidade Católica do Salvador, 2022-06-06) Lopes, Bruna Ferreira Varela; Silva, Tagore Trajano de Almeida; http://lattes.cnpq.br/; Verdival, Rafael; http://lattes.cnpq.br/It’s a scientific work that talks about what is meant by animal abuse, aiming to understand how justice can protect animals victims of this crime. Searching through research, why some people see animals as objects, bringing a legislative comparison between some state laws and still, making this comparison between the old federal legislation and after enacted Law 14.064/2020. Showing the process of creating this Law, what were its main points as bill no 1.095/2019 and also showing the trigger for its sanction. Finally, it is necessary to demonstrate the rigor of this legislation in current cases and analyzing whether the Law itself is being used in a way that fulfills its role of protecting animals, even though the rigor is outlined only for dogs and cats.