Browsing by Author "Viana, Florimar dos Santos"
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Item O complexo hidrelétrico de Belo Monte e a comissão interamericana de direitos humanos – análise da atuação da República Federativa do Brasil na proteção dos direitos humanos dos povos indígenas(Universidade Católica do Salvador, 2015-10) Araújo, Vanessa Mascarenhas de; Viana, Florimar dos Santos; UCSAL, Universidade Católica do SalvadorItem Construindo laços, (des)atando angústias: um estudo sobre adoção e paternidade/maternidade em trajetórias conjugais(Universidade Católica do Salvador, 2009) Viana, Florimar dos Santos; Costa, Lívia Alessandra Fialho da; http://lattes.cnpq.br/This dissertation aims to analyze major from concrete data, the route of adoption by heterosexual couples (married or informal union), with no biological children. According this trajectory, this dissertation intends to know reasons of choice and meanings associated to the construction of adoptive filiation and parenthood for couples adopters. It is the hypothesis that analysis of the decision of the couple should start with a broader understanding of the history of formation of the couple, then considered from the outset of the relationship, exploring expectations, projects, and meanings of each member of the couple, about fatherhood, motherhood, ideas of family and marriage. Were conducted several interviews with couples living in the city of Salvador, where three couples interviewed have become the focus of this research qualitative nature. The couples chosen, interviewed separately, had the following profile: a) married (civil and / or religious) or living in stable (no requirement is the time of marriage or informal union), b) middle class c) at least middle school, d) aged above 30 years of age, e) living in Salvador - BA, f) without biological children (not the marriage or union, or any other relationship). Favoring a literature of various disciplinary fields - Social Sciences, Psychology and Law - this study shows that the tensions and dramas conjugality faces when the subject is adoptive filiation. The decision to adopt is the result of a journey not always calm and the construction of parenthood in adoptive affiliation is related to factors other than the will of the father or mother adopters. Categories such as blood, pregnancy and virility are present and social elements that are needed in the couple's decision to adopt a child. Furthermore, the development and construction of the object of this research has important elements that help us see the importance of a multidisciplinary approach when the topic is family and adoption. Equality between biological and adopted children is legal reality, but little or nothing to investigate the literature of this area of law on the construction of parenthood for couples adopters.Item O direito sucessório dos filhos concebidos por inseminação artificial homóloga post mortem.(Universidade Católica do Salvador, 2019-06-10) Jesus, Karina Chiara; Viana, Florimar dos Santos; https://wwws.cnpq.br; Bonelli, Rita de Cássia Simões; https://wwws.cnpq.brThe present work aims to analyze the succession law in Brazil of those who are conceived by homologous artificial insemination post mortem. With advances in the area of science and technology has made it possible for the formation of families in various ways and following the constitutional principle of free family planning. In the face of this the institute arose from the use of such techniques to be used after the death of the man who in life makes the freezing of his genetic material. But even with all advances in medicine, the Brazilian legal system could not keep up with the same speed, supporting the eventual offspring only in relation to the presumption of paternity but leaving it unprotected in relation to the right to inherit in competition with the other heirs of its parent. Faced with such a gap in Brazilian law, three divergent doctrinal currents have emerged: the first argues that a child born after the death of his / her parent has no right to succeed; the second understands that it will have the right to succeed in the testamentary modality; and the third current on the basis of the constitutional principle of absolute equality between the children argues that the unborn child is a legitimate heir.Item Limites legais da publicidade infantil no Direito Brasileiro Contemporâneo.(Universidade Católica do Salvador, 2019-06-10) Teixeira, Camila Andrade; Viana, Florimar dos Santos; https://wwws.cnpq.br; Abreu, Nícia Nogueira Diógenes Santos de; https://wwws.cnpq.brThe theme infantile publicity has been a recurrent matter in foruns and debates realized by professionals in the communication area all over Brazil,thus becoming a complex theme even to the marketing and publicity professionals. With all the technological evolution, the proliferation of the means of communication has spread to the children’s audience,which has been submitted to a huge amount of publicity that has turned children their main target. It is noticeable however that when it comes to this specific public publicity is selective and seductive in order to attract adepts to the exposed good stimulating children’s consume, since children and teenagers don’t have yet racionalization to understand in a critical way how far publicity can go to influence them. It is believed that in spite of the advance in Brazilian literature about protection to children and adolescents, the regulation system to infantile publicity is still weak.Item A perda do poder familiar no Código Civil de 2002(Universidade Católica do Salvador, 2020-06-09) Miranda, Jamile dos Santos Serra; Viana, Florimar dos Santos; http://lattes.cnpq.br/; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br/the loss of family power, is the loss of the parents' right to exercise parental authority before their children, dealt with in the legal scope of the Civil Code of 2002 and related legislation. The legal circumstances under which it occurs range from immoderate punishment, abandonment, and the practice of acts contrary to morals and good customs. The loss of family power is determined by a court decision, when living with parents results in damage to the child's best interest and damage to their fundamental rights. The power that the law attributes to parents on equal terms is an indispensable duty, due to its importance for the preservation of the family constitution. Given its importance, the law provides ways to preserve it. Thus, it is considered that the loss of family power is the last and most serious measure imposed by the judge. Overlapping the suspension, which is temporary. Considering the loss, a legal sanction.Item A responsabilidade civil do médico na violação do testamento vital(Universidade Católica do Salvador, 2019-06-10) Mendes, Lueide Vieira da Silva Araújo; Viana, Florimar dos Santos; http://lattes.cnpq.br; Abreu, Nícia Nogueira Diógenes Santos de; http://lattes.cnpq.brliving will is a document designed to safeguard the manifestation of will about the refusal of unnecessary treatments and procedures. Therefore, the patient's autonomy, self-determination and the dignity of the human person sustain and guarantee the fulfillment of the living will. In the same sense, the observance of the doctor-patient relationship is imperative for the elaboration of the living will, since through it arises the informed consent, pillar of the manifestation of will of the patient. On the other hand, the Brazilian legal system does not have a specific law to regulate the living will, however, the Federal Medical Council in Resolution nº 1995/2012 regulates it in general, by regulating the anticipated directives of will. In this sense, the Brazilian Federal Senate processes two bills that discipline the living will in a peculiar way, demonstrating the institute's advance in the country. It is still important to distinguish euthanasia, dysthanasia and orthatanasia, since only the latter is allowed in Brazil, in this way, euthanasia means accelerating death, whereas dysthanasia is the artificial prolongation of life, and finally ortho- the correct death that prizes palliative care, respecting death in its time. Lastly, it should be pointed out that the violation of the living will by the medical professional, entails civil liability of the same, without prejudice to other sanctions in the penal and ethical framework.