Banca de QUALIFICAÇÃO: RODRIGO LEVENTI GUIMARÃES

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : RODRIGO LEVENTI GUIMARÃES
DATE: 30/11/2022
TIME: 14:00
LOCAL: UNIR
TITLE:

OS INSTRUMENTOS EXTRAJUDICIAIS UTILIZADOS PELO MINISTÉRIO PÚBLICO DE RONDÔNIA PARA REGULARIZAÇÃO DE MORADIAS CONSOLIDADAS EM ÁREAS DE PRESERVAÇÃO PERMANENTE

KEY WORDS:

Fundamental Rights. Weighting Judgment. Environment. Home. Permanent Preservation. Land regularization.

PAGES: 106
BIG AREA: Ciências Sociais e Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Constitucional
SUMMARY:

The present dissertation is part of the Research Line Public Policies and Development of Justice, having The present dissertation is part of the Research Line Public Policies and Development of Justice, having as its theme the role of the Public Ministry as a resolving agent about the demands that involve the realization of the right to housing and an ecologically balanced environment, based on a multidisciplinary vision of human rights. The research problem concerns the lack of guidelines and support for the Public Prosecutor in the face of the apparent collision between the right to live with dignity and the duty of environmental preservation, as well as to identify which extrajudicial instruments can be used by the Public Ministry for the reach of the harmony of decent housing in the territories of permanent preservation. Observing the concepts of permanent preservation areas, decent housing and public policies aimed at achieving these values, the objective is to build functional guidelines for the performance of the Public Ministry of Rondônia, in order to fulfill the need to live with quality and preserve the environment for present and future generations. The norms researched, between the years 2017 to 2021, in particular those dealing with Public Housing Policies, are the result of the various issues that have arisen with the disorderly urban expansion and the occupation of environmentally protected spaces, attracting efficient instruments for the reality experienced requiring implementation of various areas of knowledge such as urban sociology, geography of human occupation, among others. The general objective of the research is to analyze the implementation of the right to decent housing in the face of the apparent conflict with the right to an ecologically balanced environment, since such residences are located around water courses in consolidated urban areas, and how gives the role of the Public Ministry to promote human rights. Understanding the issue will allow the election of priorities regarding the Ministerial action, in order to provide guidance to the actors involved, establishing a procedure for reaching the provision of adequate service in the light of human rights. The research was developed through bibliographic review, examination of legislation and resolutions of the National Council of the Public Ministry, the National Council of Justice, as well as on the study of recent jurisprudence, analyzing, in particular, the evolution of the extrajudicial action of the Parquet from the Federal Constitution of 1988, at the point where the issue of environmental sustainability has been occupying the agendas of international organizations for the defense of human rights. In the investigation phase, in the period of June 2022, the research questionnaire was applied, with the objective of obtaining data from the Members of the Public Ministry of Rondônia, who exercise the attributions of environment and urbanism, in particular Defense of Housing and Urbanism, in the Data Processing phase, the Cartesian method was used, and the results of the analyses, in the Research Report, used the inductive method. It was concluded from the research that, with the Magna Carta of 1988, the performance of the Public Ministry took on a new guise, gaining muscle for conflict resolution through extra-procedural means, in a clear acceleration of the peaceful solution of demands that arrived in the Judiciary. The theme involves environmental sustainability, being directly instilled in the collective public interest, as it is the environment of a diffuse nature, within the scope, therefore, of defense through the performance of the Public Ministry. In this aspect, all instruments aimed at the Public Ministry to achieve environmental sustainability are the object of research. At the end, proposals for ministerial action, recommendations and the creation of a digital tool for the detection and monitoring of land occupation in areas that have the potential for risk were presented, in order to avoid disasters or tragedies.

COMMITTEE MEMBERS:
Presidente - 2374782 - RICARDO GILSON DA COSTA SILVA
Interna - 1718398 - THAIS BERNARDES MAGANHINI
Interno - 1109299 - DELSON FERNANDO BARCELLOS XAVIER
Interna - 1546985 - APARECIDA LUZIA ALZIRA ZUIN