36 resultados para Direito ambiental - Brasil
Resumo:
If, on one hand, only with the 1988 Federal Constitution the right to health began to receive the treatment of authentic fundamental social right; on the other, it is certain since then, the level of concretization reached as to such right depicts a mismatch between the constitutional will and the will of the rulers. That is because, despite the inherent gradualness of the process of concretization of the fundamental social rights, the Brazilian reality, marked by a picture of true chaos on public health routinely reported on the evening news, denatures the priority status constitutionally drew for the right to health, demonstrating, thus, that there is a clear deficit in this process, which must be corrected. This concern regarding the problem of the concretization of the social rights, in turn, is underlined when one speaks of the right to health, since such right, due to its intimate connection with the right to life and human dignity, ends up assuming a position of primacy among the social rights, presenting itself as an imperative right, since its perfect fruition becomes an essential condition for the potential enjoyment of the remaining social rights. From such premises, this paper aims to provide a proposal for the correction of this problem based upon the defense of an active role of the Judiciary in the concretization of the right to health as long as grounded to objective and solid parameters that come to correct, with legal certainty, the named deficit and to avoid the side effects and distortions that are currently beheld when the Judiciary intends to intervene in the matter. For that effect, emerges as flagship of this measure a proposition of an existential minimum specific to the right to health that, taking into account both the constitutionally priority points relating to this relevant right, as well as the very logic of the structuring of the Sistema Único de Saúde - SUS inserted within the core of the public health policies developed in the country, comes to contribute to a judicialization of the subject more in alignment with the ideals outlined in the 1988 Constitution. Furthermore, in the same intent to seek a concretization of the right to health in harmony with the constitutional priority inherent to this material right, the research alerts to the need to undertake a restructuring in the form of organization of the Boards of Health in order to enforce the constitutional guideline of SUS community participation, as well as the importance of establishing a new culture budget in the country, with the Constitution as a compass, pass accurately portray a special prioritization directed constitutional social rights, especially the right to health
Resumo:
As a result of the prediction of irreversible changes on necessary conditions to maintain life, including human, on the planet, environmental education got the spotlight in the political scenario, due to social pressure for the development of individual and collective values, knowledge, skills, attitudes and competences towards environmental preservation. In Brazil, only in 1999 the right for environmental education was officially granted to people, having the status of essential and permanent component in the country s education. Since then, it has been Government s duty, in each federal branch, to plan actions to make it happen, in an articulate way in all levels and modalities of the education process, both formally and informally. This work of research has environmental education in the school as subject matter, and aims on analyzing social and political mediations established between this National Environmental Education policy and the contexts associated to the legislative production process, the political nature of the conceptions about environmental education that underlie Law 9.795/99 (Brazil, 2009c) and also Rio Grande do Norte Government s actions and omissions related to the imperative nature of the insertion of environmental education in the schools ran by the state, during the ten years this law has been in force. The investigation of the subject matter was led by a social and historical understanding of the social and environmental phenomena, as well as of the education system as a whole, considering that only through a dialectical view we can see the real world, by destroying the pseudo-concreteness that surrounds the topic. While analyzing, we assumed that in face of the dominance of a social organization in which market regulations rule on environmental ones, by developing individual and collective critical conscience, environmental education can become a threat to dominant economical interests in exploiting natural resources. The results of this research suggest that as an educational practice to be developed in an integrated, continuous and permanent fashion in all levels and modalities of formal education, environmental education has not yet come to pass in the state of Rio Grande do Norte, due to the neglect and disrespect of the government when facing the need of promoting the necessary and legally appointed measures to make it present in the basic education provided by the state. The legislators silence when it comes to approving a regulation on environmental education essential to define policies, rules and criteria to teaching the subject in the state and the omission from the public administration regarding critical actions in order to integrate in public schools the activities related to the National Environmental Education Policy, represent a political decision for not doing anything, despite the legal demand for an active position. This neglecting attitude for the actualizing of strategically concrete actions, urgent and properly planned for the implementation of environmental education in schools in a multidisciplinary way, exposes the lack of interest the predominant classes have in such kind of education being made available, as it could be developed based on a critic political view, becoming a political and educational action against dominance. When analyzing the basic principles and fundamental goals in Law 9.795/99 (Brazil, 2009c) the development of a critic environmental education is really possible and concurs with the National Environmental Education Policy, reflecting the social and political mediations established between this public policy and the contexts associated to its legislative production process, which are responsible for approving a regulation which also represents the mind of the people about environmental protection above anything else
Resumo:
This present Thesis, is explorer work and presents an analysis of e-wastes of the industry of cellular mobile telephony, evaluating the evolution of the telecommunications nets and as if it holds the global and Brazilian market of cellular telephony. It approaches the elements gifts in the cellular devices that can badly cause to the environment and the health, the discarding of the devices in end of life cycle is made. It analyzes the new European regulation of electric equipment residues and electronic, the WEEE, as it influenced the strategy of the companies manufacturers of mobile phone cellular and of that she forms is possible to create a Brazilian national industry for recycling of devices of cellular, with conditions to globally competition. For this some possible models of being implanted in Brazil are presented. The project of law 203/91 on solid residues is argued and as it would be interesting if to persist some proposals presented to the project, to create a Brazilian market of recycling with capacity of global competition for use to advantage of the European regulation if to get a competitive advantage
Resumo:
The present study inserts on the international environmental thematic, approaching the integrated management of solid waste and the participation of the social actors in the search of the sustainable development. The awareness in combining it still describes a Selective Collection Program SCP of solid waste, in partnership with the municipal public power, in the development of joint actions that result in better alternatives of waste management in the urban centers, providing better life quality for the population and conservation of the environment. The aim of this research is to study problematic of the management of solid waste under the point of view of the environmental awareness and the participation of the population in a city of Brazil. In this matter, the target of the work is focusing on the strategy of solid waste management, through the attitudes and the respondents behaviors to aid in the making decision of the public manager related to the implantation of a selective collection program in Natal/RN. The methodology used in this work constitutes in the application of a questionnaire with scales of the type Likert being constituted of variables that compose the aspects of attitudes and of behaviors, besides a social-demographic scale. For analysis statistics is used the Pearson s Chi-Square Method in order to verify the dependence of the associations between the social-demographic variables and the attitude and the behavior ones. The results appear for a larger participation in a SCP, since this provides a better quality of life of the population (28,3 %), followed for offering a financial advantage (27,3%). Other results indicate the existence of the variables that exercise influence on the environmental awareness of the population to its demographic aspects
Resumo:
Given the prediction of the Federal Constitution of 1988 about the need to establish some areas to be especially protected, it was published the Law No. 9.985/00, which established the National System of Conservation Units. Several aspects make these units differ from one another, one of them being the possibility of presence of even traditional human populations inside the area to be protected. In case of allowing these people to continue in the area, it still must be provided their participation in the management of the new space. Management councils show up, then, as a specific way of social and political participation. This way, from an overview of legal norms and the doctrine that are relevant to the topic, It is aimed to make a legal and theoretical survey about the process of traditional populations permanence inside Conservation Units, with aspects linked to ethnoconservation and, therefore, to participation in environmental management of these specially protected spaces
Resumo:
Today's society is in a real collapse of an environmental nature. The populations are lost due to a dream of development without thinking of the consequences that said development can bring to human populations. Thus, it is necessary that strategies be developed for the purpose of protecting the flora and fauna that is at risk from suffering the pressure to achieve this development. Thus important issues involving the need to conserve nature and the creation of protected areas as these strategies are increasingly being developed in research, whether in the biological and / or social. In this sense, the aim of this research through environmental perception social actors for the formation of significant elements for understanding the relationship between man and nature, and from there to provide actions for sensitization. As well as changing attitudes towards environmental issues, to thereby provide analysis based on Environmental Education in order to provide the production of environmental knowledge as a tool that provides value shift. This area of research was to study the Environmental Protection Area Jenipabu - APA Jenipabu, located in northeastern Brazil. Where, from the environmental perception of students from schools within and around this Nature Conservation Unit notes were made regarding the value and meaning given by students, and how this, the feeling of belonging to these groups. This dissertation is composed of two chapters, the first is titled Environmental perception and feeling of belonging in the area of environmental protection in coastal RN - Brazil, where it makes a diagnosis of how these groups understands and realizes the Unity of Nature Conservation. The second, which is titled Construction of environmental knowledge and conservation of invertebrates in the Environmental Protection Area in the northeast coast of Brazil, specifically developed in the school from within the APA Jenipabu, in order to promote a sense of belonging for those students who become multipliers, in order to realize the importance and necessity of having this unit for Nature Conservation. Looking to the degree of importance of environmental education as a tool to raise awareness on conservation of invertebrates and is all the fauna and flora exists, whether in a conservation of nature or not
Resumo:
A indústria de reciclagem vem se desenvolvendo no Brasil desde o começo dos anos noventa, o que resulta em elevados índices de reciclagem e tecnologia de ponta na reciclagem de alguns materiais. Requisitada como estratégia para a gestão dos resíduos no destino final, a reciclagem possui a particularidade de ser uma atividade econômica bastante rentável. Este artigo analisa os índices da indústria de reciclagem dos materiais no Brasil. Com base nos resultados obtidos através da consulta bibliográfica e dados estatísticos oriundos de fontes primárias e secundárias, conclui-se que a atividade da reciclagem dos materiais no Brasil se presta a satisfazer exclusivamente às demandas econômicas do setor. Neste sentido, a contribuição ambiental da reciclagem perde relevância visto que o crescimento da atividade está condicionado às demandas da cadeia produtiva industrial
Resumo:
Este trabalho tem por objetivo discutir os nexos entre crise do capital, questão urbana e ambiental, problematizando a inserção subordinada do Brasil no processo de mundialização com predomínio das finanças, as contradições que marcam estes processos e, em particular, suas repercussões nas cidades na contemporaneidade. Acirra-se a luta de classes, expressa nas diversas formas formas de apropriação e uso do solo urbano. Neste cenário de disputas, as formas de luta e oposição à acumulação desenfreada do capital podem ser consideradas ainda pontuais e de pequena escala, mas revelam formas de resistências que podem vir a gerar movimentos emancipatórios
Resumo:
The aim of this study is to investigate the eco-environmental vulnerability, its changes, and its causes to develop a management system for application of eco-environmental vulnerability and risk assessment in the Apodi-Mossory estuary, Northeast Brazil. This analysis is focused on the interference of the landscape conditions, and its changes, due to the following factors: the oil and natural gas industry, tropical fruits industry, shrimp farms, marine salt industry, occupation of the sensitive areas; demand for land, vegetation degradation, siltation in rivers, severe flooding, sea level rise (SLR), coastal dynamics, low and flat topography, high ecological value and tourism in the region and the rapid growth of urbanization. Conventional and remote sensing data were analyzed using modeling techniques based on ArcGIS, ER-Mapper, ERDAS Imagine and ENVI software. Digital images were initially processed by Principal Component Analysis and transformation of the maximum fraction of noise, and then all bands were normalized to reduce errors caused by bands of different sizes. They were integrated in a Geographic Information System analysis to detect changes, to generate digital elevation models, geomorphic indices and other variables of the study area. A three band color combination of multispectral bands was used to monitor changes of land and vegetation cover from 1986 to 2009. This task also included the analysis of various secondary data, such as field data, socioeconomic data, environmental data and prospects growth. The main objective of this study was to improve our understanding of eco-environmental vulnerability and risk assessment; it´s causes basically show the intensity, its distribution and human-environment effect on the ecosystem, and identify the high and low sensitive areas and area of inundation due to future SLR, and the loss of land due to coastal erosion in the Apodi-Mossoró estuary in order to establish a strategy for sustainable land use. The developed model includes some basic factors such as geology, geomorphology, soils, land use / land cover, vegetation cover, slope, topography and hydrology. The numerical results indicate that 9.86% of total study area was under very high vulnerability, 29.12% high vulnerability, 52.90% moderate vulnerability and 2.23% were in the category of very low vulnerability. The analysis indicates that 216.1 km² and 362.8 km² area flooded on 1m and 10m in sea levels respectively. The sectors most affected were residential, industrial and recreational areas, agricultural land, and ecosystems of high environmental sensitivity. The results showed that changes in eco-environmental vulnerability have a significant impact on the sustainable development of the RN state, since the indicator is a function of sensitivity, exposure and status in relation to a level of damage. The model were presented as a tool to assist in indexing vulnerability in order to optimize actions and assess the implications of decisions makers and policies regarding the management of coastal and estuarine areas. In this context aspects such as population growth, degradation of vegetation, land use / land cover, amount and type of industrialization, SLR and government policies for environmental protection were considered the main factors that affect the eco-environmental changes over the last three decades in the Apodi-Mossoró estuary.
Resumo:
This study aimed to characterize, for the first time, the benthic invertebrates that inhabit the region of soft bottoms adjacent to the APARC reefs in order to situate them as an important component of infralittoral coastal areas of Northeast Brazil. Soft bottoms areas of APARC corresponds to infralittoral zones vegetated by seagrass Halodule wrightii and unvegetated infralittoral zones, both subjected to substantial hydrodynamic stress. Through scuba diving, biological and sedimentary samples of both habitats were analyzed, with a cylindrical sampler. We identified 6160 individuals belonging to 16 groups and 224 species. The most abundant macrofaunal group was Polychaeta (43%), followed by Mollusca (25%) and Crustacea (14%), what was expected for these environments. In the first chapter, regarding vegetated areas, we tested three hypotheses: the existence of differences in the faunal structure associated with H. wrightii banks submitted to different hydrodynamic conditions; the occurrence of minor temporal variations on the associated macrofauna of banks protected from hydrodynamic stress; and if the diversity of macrofauna is affected by both benthophagous predators and H. wrightii biomass. It was observed that macrofauna associated at the Exposed bank showed differences in structure when comparing the Protected bank, the granulometry of the sediments, that co-varies with the hydrodynamism, was the cause of these variations. The results also pointed to a lower temporal variation in the macrofaunal structure on the Protected bank and a negative relation between macrofaunal and benthophagous fish abundance. At the Exposed bank, a greater faunal diversity was observed, probably due to the higher seagrass biomass. The second chapter compares the vegetated and non-vegetated areas in order to test the hypothesis that due to greater seasonal stability in tropical environments, seagrass structure would act to distinguish the vegetated and non-vegetated areas macrofauna, over time. It was also expected that depositivores were the most representative invertebrates on non-vegetated environments, on the assumption that the seagrass bank would work as a source of debris to adjacent areas, enriching them. Considering all sampling periods, the total macrofauna abundance and diversity were higher in vegetated areas, when compared to non-vegetated ones. Seasonally, the structural complexity provided by Halodule differentiated more clearly the fauna from vegetated and non-vegetated areas, but only at the climatic extremes, i.e. Dry season (extreme climatic stability, with low hydronamism variation) and Rainy season (great hydrodynamism variation and probably vegetated bank burial). Furthermore, the high organic matter levels measured in the sandy banks coincided with an outstanding trophic importance of deposit feeders, proving the debris-carrying hypothesis. The last chapter focused on the non-vegetated areas, where we tested that the hypothesis infaunal halo in tropical reefs depending on local granulometry. In this context, we also tested the hypothesis that benthophagous fish predation would have an effect on the low abundance of macrofaunal groups due to the high hydrographic stress, thus allowing other predatory groups to have greater importance in these environments. Proving the hypothesis, no spatial variation, both on abundance families neither on community structure, occur along distance of the edge reefs. However, we found that complex combinations of physical factors (grain size and organic matter levels originated from local hydronamic conditions) covary with the distance from the reefs and has stronger influence on macrofauna than considered biological factors, such as predation by benthophagous fishes. Based on the main results, this study shows that unconsolidated areas around APARC reefs are noteworthy from an ecological and conservational point of view, as evidenced by the biota-environment and organismal relations, never before described for these areas
Resumo:
There are many applications coming from geomorphological studies and their different constitutive and inter related elements, to the implementation of public politics of planning and environmental management. This search presents an analysis of the environmental fragility of the watershed of Seridó River, situated between the states of Paraíba and Rio Grande do Norte (Brazil), including the identification of possible unstable areas. It is based on the methodological approach of Ecodynamics of the French researcher J. Tricart (1977) and on the operalisation proposal advocated by the Brazilian J. Ross (1994), related to the Potential and Emerging Ecodynamic Units, grounded in the Relief s Dissection Index or the topographic roughness, soil, rainfall and land use/vegetal cover. Under a quantitative perspective, the results obtained from the analysis of the watershed can be divided into classes of potential fragility: around 2.613,0 km² of low intensity, 5.188,4 km² of medium intensity and 2.585,5 km² of high intensity. Concerning the emerging fragility, the results are close to 2.212,0 km² of low intensity, 6.191,23 km² of medium intensity and 2.062,34 km² of high intensity. In the case of the watershed in question, the environmental degradation is particularly effective in the areas more dissected, where the ecological conditions, in synergy the environmental degradation, prevent the regeneration of vegetation when arises an opportunity for the (re)establishment of its equilibrium tenuous. The collected data is relevant for the territorial and environmental planning of the watershed, once we can still verify a close association of the cities on the central area of desertification with the areas of high environmental instability/fragility. This is an important tool to the understanding of the potential susceptibility of the natural and anthropic environments related to the advance and/or intensification of the erosion process, rock falls, mass movements, among other phenomena inside the potential unstable areas. From this perspective, the continuity of this research becomes extremely important to the understanding and arrangement of the process, together with the engendering and sustainability of the system in its totality; in narrow correlation because their potentialities, constraints and alternatives on Seridó River watershed, and in all the semi-arid region with similar characteristics
Resumo:
From the second half of the twentieth century the state bega n to use exaction beyond your fiscalist character, also as a means of alignment deformities economic and social balance, influencing in different directions, according to economic, social and political policy. It is what is usually called the extrafiscalit y. It is in light of this phenomenon and the constitutional perspective, the present work aims to analyze item IV of article. 8 of Law n. 6.967/96, regulatory Property Tax Vehicle Automotive (property taxes) in the State of Rio Grande do Norte, in view of its possible incompatibility with the principles of the Basic Statute and with international guidelines for protection of the environment The problem of this research is Seated in art. 225 of the Constitution, which provides that everyone has the right to an ecologically balanced environment. From the reading of this standard, extracted it is the responsibility of the state protecting the environment, which requires the adoption of suitable actions to that end. However, we look to state law cited follows th e constitutional path, since it exempts the collection of property taxes automotive vehicles with over 10 years of manufacturing, which could encourage the conservation of a fleet of old vehicles, mostly more polluting and harmful to the environment and hu man health. Would the state legislature oblivious to the constitutional principles and the global trend of environmental preservation? Thus questions whether such an incentive for more polluting vehicles, emitting more gases in the atmosphere. Moreover, th e international community is already moving through important conventions in an attempt to minimize and control global warming and climate change. Predicting the theme in CF/88 demonstrates that the country is no stranger to the issue. Thus, the work is a retelling of Law No. 6.967/96 order to check whether it is compatible with the existing system. The methodology consists of a documentary, deductive, dialectical literature. At the end of the survey, it was found that provide a tax benefit to these vehicle s is encouraged to maintain them in circulation and contribute to the increase in air and noise pollution, in addition to the traffic problems generated. Thus, this potiguar anything standard can be expressed extrafiscality because the medium and long term there is encouragement and worsening environmental problem. Despite the ability to pay clause, but this remission is an affront to legally protected interests. Thus, this device goes in reverse order compared to the values of the legal system and in relat ion to sustainable development. Modern Tax Law should be used as a tool to achieve the purposes collimated by the State, and not otherwise. It was noticed that the vast majority of Brazilian states does not follow this rule, including Mato Grosso and Minas Gerais have no such exemption. Therefore, the RN State does not constitute a model for sustainable public policies, nor example of environmental protection by state law.
Resumo:
This dissertation analyses the Brazilian Supreme Court’s judgement in the Non-compliance Action of the Fundamental Precept 132/RJ and in the Direct Action of Unconstitutionality 4277/DF, which created in the country the same-sex civil union. In This decision, the STF interpreted according to the constitution Article 1.723 of the Civil Code, invoking several fundamentals reaffirmed in the Constitution. From all these laws invoked by the Supreme Court to support the pretorian creation, the content of consitutional Law regarding equality is the only that corresponds, and it is sufficient to evidence the necessity of the creation, by legislator, of the institute for civil rights, since the Constitution forbids distinctions that is not expressly provided for in the Constitution (Art. 3º, IV, of Federal Constitution). In this way, Article 226, § 3º is not an exception capable of satisfying the condition of the consitutional foresight because although it protect, according its content only the civil union “between the man and the woman”, it is not able to forbid the creation, by legislator, of another kinds of families, including the same-sex civil union. As such, the reasoning, now legitimate according to the legislator, is not support the creation of institute by Constitutional Court, because the Court may enforce the Law, interpreting in the purviews allowed by the legal text and its constitutionality. In regard to the civil union of individuos of the same sex, the Court could not deduce that such union was implied by Law, like the interpretation according to the Constitution given by judges, on grounds of semantic purviews of the words man and woman, existents in both articles. The Court could not created it either, exceeding the legal system role. So, upon the institute creation, the STF, exceeded two limits: the interpretation and Law enforcement.
Resumo:
The use of energy from renewable sources is increasingly demanded by society, especially aeolian - whose raw material is wind. Investments in wind power have become significant in Brazil with emphasis on the Northeast and in particular the Rio Grande do Norte state. According to the Empresa de Pesquisa Energética (Energy Research Company) (2012 ) , investments in the state grew significantly since 2002 with a total accumulated power, by 2013, of approximately 3,400 MW . Even with the early experiences of exploitation of wind energy in 2002, it is still considered new and requires further study referring to the likely changes in the environment and society. In this case, it is of growing and urgent importance to deeply study the wind still in the survey phase of the project, ie , at the beginning of decision making on the most feasible to implement these parks site. Given the above, the question is: from a technical and environmental analysis, how to identify viable areas to install Aeolian parks, taking into account the factors of the environmental dynamics that are relevant to minimize the negative results to the environment and the society? Thus, this study conducted a study on technical and environmental feasibility, proposing a methodology of exploration of feasible wind farms in coastal areas. The study area was a fragment of the northern coast of Rio Grande do Norte and its natural landscape units were identified through the environmental characterization of the area, as well as it was elaborated the map of the land cover, restriction homes and urban areas and Permanent Preservation Areas - PPAs. The environmental fragility was subdivided in the fragility of the natural dynamic, mapped through relief, soils and geology of natural units, and the fragility of the ecosystem, originated by the land cover map. In addition to these maps, it was generated the wind resource for an area from a height of 50 and 100 meters. The intersection between the fragility maps, PPAs and Restriction of homes superimposed on maps of wind potential, provided the map of feasibility of Aeolian parks, resulting in the most favorable areas for its facilities in a technical and environmental point of view. From this study, the entrepreneur can evaluate whether or not to proceed with the studies in this area and especially decrease potential conflicts with society.
Resumo:
The Potengi River estuary has been affected by various anthropogenic factors over the years, as periodic dredging, industrial and domestic waste, traffic and other factors, causing various environmental disasters, including the notorious ecological accident in July 2007, which covered the municipalities of São Gonçalo do Amarante, Macaíba and Natal. Foraminifera serve as viable study tools in these environments; they are able to identify ecologically stressed environments, pointing out hydrographic changes and depositional environments in estuaries. The necessity to check the differences in environmental gradients in places anthropically impacted in Potengi River and adjacent inner shelf through species of foraminifera, and, the responses of these organisms to physical, chemical and geological factors is to provide baseline in the diagnosis of environments. The results show the dominance of opportunistic Ammonia tepida, Bolivina striatula, Quinqueloculina patagonica and Q. miletti especially in regions close to shrimp farms and Baldo Channel sewage in fine grain environments; and Q. lamarckiana indicates penetration of the saline waters in Potengi River. The occurrence of low-salinity tolerant foraminiferal species typical of mangrove environments as Trochammina inflata and T. squamata in Potengi River Channel suggest they probably could have been transported from mangrove area near the Potengi river mouth to the inner shelf regions. These findings suggest Potengi River is able to export mixohaline and mangrove organisms to inner shelf. Two distinct environments were observed, the outermost area is more influenced by marine influence and the innermost area is less influenced. Calcareous and agglutinated species dominate Potengi River, while mouth and inner shelf areas are dominated by calcareous, agglutinated and porcelaneous species, which are typical of highly saline and hydrodynamic environments and the contributive factors that controls foraminiferal distribution were balance of marine and freshwater currents, grain size, availability of CaCO3 and organic matter.