Comércio internacional e meio ambiente: estímulo à produção sustentável ou mero protecionismo comercial a posição do Brasil em dois casos de litígio

The World Trade Organization (WTO) was established in 1994 as a result of the Uruguay Round, and has as its principal aim advocate for the maintenance of free trade between nations. The preamble of its Constitutive Agreement specifically cites as an institution the goal of achieving sustainable development and the pursuit of protecting and preserving the environment, bringing into the sphere of world trade the idea that concern for the environmental cause is not restricted only the group of environmentalists, but rather has entered the economic landscape in a way not only ideological, but also pragmatic. The General Agreement on Tariffs and Trade (GATT) 1947, part of the GATT 1994, contains a device that allows the adoption of trade restrictive measures, provided that such measures aimed at protecting the environment - Article XX. The Settlement Body (DSB) is part of the WTO and acts in dissolving disputes between the countries motivated by trade. It examines two cases where countries have imposed restrictive trade measures with environmental justification. The first case was closed in 1996, with award of damages given to Brazil, on the breakdown of U.S. environmental legislation imposed on imported gasoline from Brazil - and the second, begun in 2005 and closed in 2007, coming out victorious again Brazil is on the import ban on retreaded tires to Brazil. The objective is to answer the question: how the environment is treated in the midst of trade discussions - which is aimed at its protection or its use with economic objectives in disguise? For the preparation of this work, extensive documentary research was undertaken with the virtual site of the WTO to review the entire production of legal cases and subsequent analysis of the key issue for the work, and literature of authors who have studied the tense relationship between trade international environment. The first case, it could be seen that the political movement performed by the U.S. with the aim of achieving acceptable standards of air quality was an institutional effort to ensure the quality of air, and thus would be inappropriate to say that the regulation of gasoline was merely a disguised trade barrier.However, a careful analysis of the implementation and operation of gasoline regulation may reveal intentions disguised trade and U.S. environmental argument did not hold. The weight of this environment was relegated, since there were clearly outside interests to the environmental cause. The second case, it was realized that, despite clear attempts by the EC to promote ecological dumping, send when brought to Brazil, supposedly a country with weaker environmental structure on surveillance, a residue that, pursuant to internal policies, as could not be sent to their own landfills, the Brazilian discourse remained focused on the environmental cause, and this sort there was the existence of disguised trade barriers, but of importance, at least a priori, the discussion of foreign forces on the environment environment because there is no way to legally justify the reversal of the total understanding of the first judging body, the sight of all the arguments presented by Brazil and the nonsubmission of new facts upon appeal. Still, quite heartening to reflect on the role of trade liberalization on the environment in general, because, while they do not reach a definitive conclusion will reveal positions in both directions, both for and against, the that only adds to the discussions and makes this a very fertile topic for future research

Mapeamento de stakeholders nas áreas conexas de turismo e meio ambiente: um estudo em João Pessoa/PB

The present study aims to understand the perception in a manager perspective of the relationship between the stakeholders of tourism and environmental management in João Pessoa (PB). It is a qualitative, transversal, descriptive and exploratory research, held with keys stakeholders of tourism and environment in the capital of Paraíba. The data were collected through structured interviews and the analysis of the minutes of the municipal council of tourism, called COMTUR/ JP. The data research allowed us to affirm that the environmental stakeholders have a higher academic background than those of tourism, on the other hand the tourism stakeholders‟ have longer experience time than the environmental stakeholders‟. In general, the use of environmental resources for tourism is noticed as positively by the tourism stakeholders‟ and as intermediate for the environmental stakeholders‟, the tourism development is consider to be a non predatory active in João Pessoa, but it is very concentrate in the coastal area, the remnants of Atlantic Forest or protected areas are not used for tourism. The main environmental impacts cause by tourism according to the stakeholders interviewed (tourism and environment) were the environmental degradation of reef, beach pollution and the construction of tourism facilities in areas that should be protected, however, there was a stakeholder who believes that the tourism development in Paraíba is so nascent that it is unable to impact the environment. The performance of SETDE, PBTUR and SUDEMA was consider inconsistent by some of the interviewed stakeholders‟. The NGO representatives believe that the most important thing is a paradigm shift from the entrepreneurs and the local population. Despite the apparently close relationship between tourism and environment management in João Pessoa (PB), some actions of tourism agencies and the state government has left some unhappy important environmental stakeholders indicating that the relationship between tourism and environment in the city is becoming tenser each year

Física do meio ambiente como disciplina nas licenciaturas em física: proposta de uma unidade didática para ensinar efeito estufa e aquecimento global

In this dissertation we propose a Teaching Unit of Physics to teach content through environmental discussions of the greenhouse effect and global warming. This teaching unit is based on a problem-methodological intervention from the application of the method of the Arch of Charles Maguerez. The methodological foundations of the thesis are embedded in action research and this is structured in five chapters: the first chapter deals with the Physical Environment (FMA) as a subject in Degree Courses in Physics in Brazil, bringing the concern of how this discipline has been taught. We started the first chapter explaining the reasons behind the inclusion of the discipline of Physical Environment in a Physics Degree Courses. Then we did a search on the websites of Institutions of Higher Education, to know of the existence or not of this discipline on curricular. We then analyzed the menus to see what bibliographies are being adopted and what content of Physics are being worked, and how it has been done. The courses surveyed were those of Federal and Federal Institutes Universities. Thus ended the first chapter. Given the inseparability between studies in Physics Teaching and studies on competencies, skills and significant learning, wrote the second chapter. In this chapter we discuss the challenge of converting information into knowledge. Initially on initial teacher training, because even if this is not our focus, the study is a discipline on the upper reaches, therefore, offered to future teachers. Then we talked about the culture of knowledge, where we emphasize the use of a teaching approach that promotes meanings taught by content and make sense to the student. We finished the third chapter, making some considerations on skills and abilities, in order to identify what skills and competencies were developed and worked during and after the implementation of Curriculum Unit. The third chapter is the result of a literature review and study of the radioactive EarthSun interaction. The subjects researched approach from the generation of energy in the sun to topics stain solar coronal mass ejections, solar wind, black body radiation, Wien displacement law, Stefan-Boltzmann Law, greenhouse effect and global warming. This chapter deals with material support for the teacher of the aforementioned discipline. The fourth chapter talks about the arc method of Charles Maguerez; Here we explain the structure of each of the five steps of the Arc and how to use them in teaching. We also show another version of this method adapted by Bordenave. In the fifth and final chapter brought a description of how the method of Arc was used in physics classes of Environment, with students majoring in Physics IFRN Campus Santa Cruz. Here, in this chapter, a transcript of classes to show how was the application of a problem-based methodology in the teaching of content proposed for Physics Teaching Unit from the environmental discussion about the greenhouse effect and global warming phenomena

Conselho estadual de meio ambiente do Rio Grande do Norte: paradigmas, proposições e atores sociais

The environmental movement rises up strongly in the year 1972 with the Stocolmus Conference, in the middle of pressions concerning the environmental preservation, in consequence of the environmental catastrophes. In spite of the fact that, in Brazil, the environmental movement has is institutionalization with the 1988 Constitution, in a way that the councils became democratic spaces, and provided the society’s participation in the management of public policies. In this way, we propose a discussion about the participation and the exercise of the citizenship in the State Council of Environment of Rio Grande do Norte (CONEMA), focusing the glance about the decisory process, as from the expression of the social actors. For that, our research compilate documents of the meetings of the referring council, transcribing the main discussions about the environmental necessities which were important in the potiguar society, and checking how these agents defend their interest during the meetings. We understand, with these informations, the role of CONEMA/RN as a communicative mechanism between State and Society. With the analysis of the informations of the extraordinary meetings from 2007 to 2014, we concluded that the CONEMA is a council where the civil organized society takes part on the decisory process, despite the great influence of the representative actors of public power over the representative actors of civil society. The results of this research confirm the discrepancy between the participation of representative councilors of civil society in CONEMA/RN. The conclusion point out that the civil society representative don’t, yet, assimilate the citizen duty, the responsibility of it1s action, producing, in this way, damages for the legal structure of the potiguar environmental legislation, with serious consequences on the public policy implementation

Vínculo empregatício: interpretação judicial do direito fundamental à relação de emprego protegida e seus efeitos

The Federal Constitution, in Article 1, sections III and IV, lifted the work as the foundation of the Federative Republic of Brazil, including work as a social guarantee in Article 6, listing in its Article 7 minimal guarantees role with respect to social rights of workers. Although elevated to constitutional rights, these social rights of workers have in the judicial interpretation of the characteristic elements of the employment relationship, sometimes a mismatch with the legal and constitutional order, when, in deciding not ponder such elements, causing damage economic and social benefits to all workers, thus affecting the very constitutional basis of worker protection, there is therefore situations in which there must be part of unavailability of rights by the employee. Therefore, identifying the characteristic elements of employment, means allow immediate legal finding about possible illegality perpetrated by the employer, precisely because the sentence recognizes be merely declaratory noting, therefore, the elements that make up the juridical system normative in order to establish the characterization of employment in step with the effective observance and guarantee of social rights and therefore the employer's performance limiter as pertains to hiring and employee dismissal. This point is it's main element of this work, which is fundamental for the exegesis of the theme to limit the autonomy of the will. There is no denying, therefore, the need to extend the effects of these guarantees in the employment contract. In this context, therefore, jumping the guarantees of employees, embodied in particular in the Consolidation of Labor Laws, and especially in the Federal Constitution and international protection instruments to ensure the fundamental right to secure employment relationship, where technological advancement, social and economic, reflect directly, such as the parassubordinação, and claiming more and more systematic resolutions, especially when evidence gaps' values, which elevate the debate about the need for increased use of precedents of order to support the judgments, often beset with aspects of unconstitutionality, all in compliance with the integration of standards, seeking legal enforcement of this bond and providing legal certainty, there emerged, so the essence of the theme: discuss to what extent the distortion of employment limits the effectiveness of social rights and what its legal effects, since the constitutional standard for social guarantees protects equally worker admission.

O direito fundamental à igualdade no contexto da identidade sexual no Brasil: um estudo da situação jurídico-constitucional com ênfase no exame da suposta inconstitucionalidade por omissão do legislador civil

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.

Plano de desenvolvimento sustentável e articulação de políticas públicas: o controle de políticas ambientais pelo poder judiciário

The right to the preservation of a healthy environment is perceived as a Fundamental Right, inserted in the National Constitution and referring to present and future generations. The preservation of the environment is directly connected to the right to Health and Human Dignity and, therefore, must be treated as a personal right, unavailable, claiming for a positive response from the Brazilian State, through the development of related public policies, control of potentially harmful economic activities, with special focus on the principles of precaution and solidarity. The Brazilian judiciary must thus be attentive to the guardianship of the Fundamental Right. The judiciary control over the execution of public policies is based on obeying the principle of the separation, independence and harmony between the Powers, however it should never deviate from the constitutional obligation of caring for the effectivation of the rights and guarantees within the Magna Carta. In the balance between the principle of human dignity, from which springs the right to a healthy environment and the principle of separation of powers, the former should prevail, maintaining the latter to a core minimum.

Eficiência, gestão e meio ambiente na carcinicultura do Rio Grande do Norte

SILVA, J. L. M. da; SAMPAIO, L. M. . Eficiência, Gestão e Meio Ambiente na Carcinicultura do Rio Grande do Norte. In: Congresso da Sociendade Brasileira de Economia, Administração e Sociologia Rural - SOBER, 40., 2007, Londrina. Conhecimentos para a Agricultura do Futuro, 2007.

Contaminação ambiental e exploração capitalista ao meio ambiente: os resíduos sólidos na sociedade global

O mundo atual passa por uma crise ambiental sem precedentes na história, o que resulta em conseqüências ambientais perceptíveis e preocupantes. Governos e organizações internacionais têm dado maior relevância à variável ambiental como um dos principais eixos de definição das políticas de crescimento/desenvolvimento econômico, como o intuito de adequar as demandas sociais aos limites naturais. Como consequências dessa forma perdulária de produção e consumo da sociedade global temos a contaminação ambiental ampliada e diversificada. O presente artigo discute a acumulação capitalista no setor dos resíduos sólidos, partindo da hipótese da impossibilidade de se diminuir a geração ampliada dos resíduos, sendo necessário que se crie estratégias de gestão e tratamento para os resíduos baseados na atividade da reciclagem dos materiais. A parte final expõe os paradigmas da questão dos resíduos sólidos na sociedade global.

Meio ambiente e planejamento: a relação cidade-natureza nos Planos Urbanísticos da cidade de Natal no século XX

This research studies the relation between city and nature in the urbanity s plans from Natal RN, Brazil, during the 20th century. Investigates and analyses the main documents that bring environmental s ideas inside from the urbanity s plans of Natal; gives the historical and economical situation from the city in each period studied; features the urbanity s plans, using categories of analyses to comprehension of this instruments. Try to contribute in the bigger process of historical rescue of Natal, and stimulates new studies. It was used documental s research, and bibliographic material. It was identified four (04) kinds of plans: the ones that focus in health and aesthetic (1901, 1929, 1935) technology and science (1968), zoning and control (1974, 1984) and environment. The hints founded shows that environmental ideas were put inside of the plans by government demands, especially in 1994 s plan, almost always without popular contribution and without this population get understands its meanings and implications

Comunidades tradicionais em áreas protegidas: convergências e lacunas da Política Urbana e Ambiental na Reserva de Desenvolvimento Sustentável Estadual Ponta do Tubarão/RN

This work presents a reflection on possibilities and boundaries of consolidation and expansion of human settlements characterized as traditional communities that are located within protected areas, using as study reference the State Sustainable Development Reserve Ponta do Tubarão, at Rio Grande do Norte state. The main topics highlight the conflict between the right to housing and the prevalence of fundamental rights of traditional populations, opposed to the diffuse right to environment, according to the regulatory framework of the Brazilian Urban and Environmental Policies. At the same time that these settlements, historically built, are substantiated by the principles of recognition of rights to traditional populations, they are in a condition of complexity to the resolution of conflicts in its urban dimension and lead to an impairment of natural sites. This work questions how the instruments of land use and occupation are defined and relate to environmental planning, especially considering that the settlements are located in Permanent Preservation Areas (APP). It aims to further the discussion of the urban dimension in settlements, characterizing its formation and growth process, to identify the gaps and convergences between the Urban and Environmental Policy, under the foundations of a socio-environmental approach. The results spotlights the conflicts between occupation and natural areas, inferring that the definition of Urban Policies instruments and its integration with Environmental Policies instruments account for essential and priority actions to the achievement to the rights to a sustainable city, as determined in the Cities Statute and environmental protection goals, defined for the Conservation Units

O licenciamento ambiental como instrumento de um desenvolvimento verdadeiramente sustentável

Since the second half of the 20th century, mankind concerns about life quality and environment preservation began to grow. In Brazil, the edition of the Law nº 6.938/81, that instituted the National Policy of the Environment (Política Nacional do Meio Ambiente PNMA), contributing significantly to the singular treatment towards the environment by the Federal Constitution of 1988 (Constituição Federal de 1988), can be appointed as a landmark of this awareness. The Law nº 6.938/81, following the line observed on the legislation of some Brazilian States, predicted on its 9th article the instruments of PNMA, among which the environmental licensing can be highlighted. This instrument presents itself as indispensable to the construction, installation, extension and operation of enterprises and activities that utilize environmental resources, seen as effective and potentially polluter industries, or even to those that can cause environment degradation. On a parallel way and as a consequence of this awareness, the concept of development begins to acquire a new shape. The development of a country or a region begins to consider not only economical factors, but also environmental, political, cultural and social aspects. Ecodevelopment, or sustainable development, then, arises. In this way, through research on legislation and on theme related doctrine, this work has the intention of analyzing environmental licensing as a PNMA instrument responsible for uniting economical development and the right to an ecologically balanced environment, that is, by the consecution of a truly sustainable development

Animais não humanos: a construção da titularidade jurídica como novos sujeitos de direito

This work has the main goal on the recognition of the inherent value of nonhuman animals, under the constitutional framework. It is presented the main philosophical formulations of the current pattern of behavior that rules the relationship between man and animals: first those that have excluded animals from moral consideration and then the thinkers which do have included, in some way, in order to elucidate the origin of the anthropocentric thought over the natural world. In this way, the analysis these thinkers that have included animals in moral consideration will contribute to a paradigm change from the anthropocentric view, initiating legal debates. It will be made a simplified analysis of different philosophical and legal points of view that have been demonstrating the posture in which the human beings have been dealing with the environment, with the replacement of the anthropocentric thinking for the biocentric view, in which life becomes the center of existence. Life is life, no matter whether it is human or not, has a value in itself, and must be protected and respected by the legal system. Then, it will be analized the constitutionalization of the nonhuman animal dignity in comparative law; the infraconstitutional legislation which concerning the intrinsic value of all life forms and, finally, the 1988 Constitution. It will be advocated for non-human animals the condition of subjects, presenting some cases that the Habeas Corpus was used in animal defense. In this new Brazilian Habeas Corpus theory of for apes the argument of genetic proximity was used in order to overcome the literal meaning of natural person to achieve hominids in order to assure the fundamental right of physical freedom. It is realized that the fact that the great apes being recognized as a person does not preclude the possibility of other living beings be recognized as subjects of law. In this way, animals can be considered non-human subjects of law, according to the theory of depersonalized entities and may enjoy a legal category that allows a respect for existential minimum, and can hold constitutional fundamental rights

A alteração do tipo penal de adulteração de combustíveis: reflexo da constitucionalização do direito penal no mercado de combustíveis

The neoconstitutionalism led to a process of ethical revaluation of the normative systems and the process of constitutionalization of the many fields of law. This study examines the consequences of this process in criminal law, so important a Law field for the protection of the most valuable assets by the society, including the fundamental guarantees, thus emphasizing the necessity of protection of the collective and individual rights, which are guided by the observance of the defendants individual rights in the course of criminal proceedings and the search for the best efficiency of penal protection, according to the corollaries of defense against the state (prohibition of the excess or Übermassverbot) and the provision of rights by the state (prohibition of insufficient protection or Untermassverbot). The offense of fuel adulteration is taken as an object of study, since it is a vital market to a nation dependent of people and good s movement for their living, driven by fossil and biofuels. Such a crime affects essential legal interests to the development of society, interests such as the environment, consumer relations and economic order, particularly the principle of free competition. This paper seeks to analyze the need of a greater efficiency of this particular criminal protection, once concluded the conduct harm and social fear as a consequence by it as growing, and therefore having its former crime type, engraved in Article 1 of Law No. 8.176/1991, rewritten in compliance with the criminal law s principle of legality. Thus, the reformation proposals and legislative creation involving this crime were observed, with emphasis on the bill No. 2498/2003, which keeps it as blank heterogeneous criminal norm, kind of penal normative whose constitutionality is raised, including the forethought of criminal responsibility in the perpetrating of the offense as culpable and subsequently increasing the applicable minimum penalty, as well as the inclusion of new activities in the typical nucleus

Práticas sócio-ambientais no espaço escolar: uma reflexão sobre a percepção dos usuários de duas escolas do ensino fundamental em João Pessoa, Paraíba

In the social-historical moment we live in, it is each time more evident the necessity of the people to learn to deal with the environment in conscientious way, taking care of themselves properly through it. In this direction, considering the school as a place where children, young and adolescents spend great part of their time, this work had as objective to examine the perception of school environment for students, professors and employees of two schools in João Pessoa city - Centro Estadual Experimental de Ensino-Aprendizagem Sesquicentenário and Escola Estadual de Ensino Fundamental e Médio Presidente Emílio Garrastazu Médici (Experimental State Center of Learning-teaching Sesquicentenário and Basic and High State School Education Emilio Garrastazu Médici President). From the presupposed that the environments in which and with which people live reflect their daily practices, the field work searched to identify the social-environmental practices that characterize the relation of these users with the school and, from this understanding, to infer some of their concerns regarding the environment as a whole. To analyze the use of the available physical space in the two institutions it was opted the use of the After-Occupation Evaluation, one of the approaches that feed the process of building production or built set, rescuing aspects related to its use, operation and maintenance. Besides analyzing diverse school environments (such as classroom circulations/accesses, library, pedagogical and sportive spaces) in relation to the environmental comfort and the perceptions of the main users of the schools (pupils, professors and employees), the dissertation tried to inquire the care (ambient education) of these users with the school space. In general, it was verified that the two schools have evaluations and perceptions really different for four reasons: (i) management of the schools; (ii) the users perception; (III) localization of schools and (IV) feeling of place, territoriality and appropriation