Banca de DEFESA: EMMANUEL MENDES FERRAZ SOARES

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : EMMANUEL MENDES FERRAZ SOARES
DATE: 27/07/2022
TIME: 09:00
LOCAL: metapresencial meet.google.com/wco-tsop-xzy
TITLE:

The Relation between the Multiplicity of Administrative Competencies in Coroa Vermelha (BA) and the State's Omissions: the Public Consortium as a Legal Instrument of Dialogue and Action

KEY WORDS:

Environmental competence; Conflict of administrative competences; Red Crown; Indigenous people in an urban context; Common Competence; Public Consortium

PAGES: 232
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The Coroa Vermelha Indigenous Land is the scene of an intricate overlapping of institutional competences, with multiple protective regulations, however, the profusion of common competences contrasts with the installation of a disorderly urban occupation and generalized omission. In questioning the theme of this study, the main question was: what are the institutional competences incident on the territory of Coroa Vermelha? How does the system of common material skills work in this territory? If, from the theoretical point of view, the legal institute of the Public Consortium could be raised to the tool of dialogue and the implementation of public policies in order to mitigate the omissive conduct supposedly resulting from the fragmentation of responsibilities in Coroa Vermelha, especially related to environmental issues and urban. From a problem related to Public Law, this legal essay started from the contextualization of the human occupation of the analyzed territory, approaching, through bibliographic and documentary survey, mainly, the historicity of its demographic evolution. Subsequently, a cartographic survey was carried out, with a focus on administrative demarcations, drawing up the mapping from the Geocentric Reference System for the Americas (Datum SIRGAS 2000), substantiated by other cartographic elaborations found in the bibliographic and documentary survey, in addition to of the photographic verification, by the author himself, in loco, of the existence of a disordered occupation that constitutes the background reality of the problem. From these processes, the premises established with them and the management of new bibliographic and legislative surveys, the legal regimes to which the territory is submitted were exposed, as well as the common competence as a legalpolitical configuration aimed at environmental and urban protection, focusing on the finding of a relationship between the overlapping of competences and state omission, in order, finally, to distinguish and systematize solutions for the management of areas with conflicts of competence, such as consortium management combined with social participation , in areas with similar impasses. The preponderance of the bibliographic study as a methodological instrument did not dispense with the collection of data to prove and materialize the reality studied and this promoted a critical view pondered by the reality verified in loco. The data and content collected were prepared and submitted to an analytical description of the content through an inductive interpretation, focused on the characteristics of the message, its informational value, and the words, arguments and ideas expressed, aiming to qualitatively contextualize documents, photographs and cartographic maps with the applicable legislation and standardization, with the academic concepts involved and with the theoretical information brought by the bibliography, to the point of making it possible to expose the conclusions from the presentation of a summary of the central analyses, even explaining the alternatives to framework that gave rise to the research. Thus, the solution of conflicts of competence existing between the public bodies involved (FUNAI, IBAMA, IPHAN, SPU, INEMA, DNIT, Navy, municipal bodies), the demonstration of the ineffectiveness of multiple legal protections over the same territory and, at the same time, the presentation of a legally viable alternative such as the consortium management of the analyzed territory and others in similar circumstances, correspond to the results achieved.

BANKING MEMBERS:
Externo à Instituição - DANIEL LENA MARCHIORI NETO
Interna - 1218431 - ELIANA POVOAS PEREIRA ESTRELA BRITO
Externo à Instituição - ERIVALDO MOREIRA BARBOSA - UFCG
Presidente - 1556362 - ROBERTO MUHAJIR RAHNEMAY RABBANI