https://repositorio.ufms.br/handle/123456789/3611 Fri, 10 Apr 2026 04:38:19 GMT 2026-04-10T04:38:19Z https://repositorio.ufms.br/handle/123456789/12979 Título: Responsabilidade Internacional dos Estados em Face às Mudanças Climáticas e os Direitos Humanos Abstract: Global warming, an anthropogenic phenomenon that has intensified since the pre-industrial era, has emerged as a threat to Human Rights and the planet’s ecological stability. With an average global temperature increase now reaching 1.1°C above pre-industrial levels, the consequences of climate change are manifesting in an increasingly tangible and alarming way. Despite the scientific acknowledgment of the climate emergency and the need for ambitious actions, there is still a persistent resistance among some developed countries to assume concrete commitments and to implement effective policies to reduce greenhouse gas emissions. In this regard, the overall objective of the research is to analyze, from the perspective of climate justice, the obligations of States in addressing the effects of climate change, with the aim of understanding the current scenario within International Law regarding the mechanism of direct responsibility for such violations. The specific objectives necessary for this study are to: (i) address the global manifestation of the climate crisis, with the intention of understanding its emergence and its respective consequences; (ii) discuss the relationship between the Environment and Human Rights based on their interdependence, considering how this influences the need for a new ethical approach to environmental protection; (iii) understand how International Environmental Law has been structured within the framework of Public International Law, especially in light of the phenomena of climate litigation and the greening of Human Rights protection systems; and (iv) in light of climate justice, verify the current stage of the legal regime on the international responsibility of States for damages caused by climate change. The problem, in turn, aims to identify the current level of effectiveness of the legal regime of international responsibility of States as applied to cases of violations of obligations arising from climate change under the paradigm of climate justice. The justification is mainly based on the understanding that discussing the foundations of international responsibility for environmental damage is essential, considering the enormous difficulty of concretely and operationally attributing responsibility for such damage in a global context characterized by the lack of robust coercive mechanisms that traditionally operate within the internal framework of States, coupled with the value attributed to national sovereignty. The approach used is the hypothetico-deductive method; the procedures employed are historical, comparative, and functionalist, using bibliographic techniques, documentary evidence, and analysis of secondary data, with the intention of constructing a descriptive, exploratory, and interventionist dissertation. From the post-positivist paradigm, the theoretical-philosophical frameworks used are: (i) Anthony Giddens' perspective on risk perception, alongside Zygmunt Bauman’s concept of collateral damage; (ii) the justice paradigm based on John Rawls' vision, which will underpin the understanding and discussion of climate justice; and (iii) the approaches of Margaretha Wewerinke-Singh, which deal with addressing climate crises at the intersection of Human Rights and international responsibility. The hypotheses take into account that, despite the advancement of greening Human Rights protection systems through climate litigation, the legal regime of States’ international responsibility faces critical challenges in terms of effectiveness, or that the process of greening Human Rights protection systems, evidenced by climate litigation, has broadened the interpretation of the rights to life, health, and a healthy environment, thereby strengthening the legal regime of States’ international responsibility. Tipo: Dissertação Wed, 01 Jan 2025 00:00:00 GMT https://repositorio.ufms.br/handle/123456789/12979 2025-01-01T00:00:00Z https://repositorio.ufms.br/handle/123456789/12810 Título: TRÁFICO DE PESSOAS EM MATO GROSSO DO SUL: Uma Abordagem Jurídica e de Direitos Humanos com Ênfase em Propostas Legislativas Abstract: This paper addresses the issue of Combating Human Trafficking in Mato Grosso do Sul, addressing the concept of human trafficking, the profile of victims and recruiters, and proposing legislative guidelines and public policies to combat this crime in the state. The choice of this topic is justified by the high incidence of human trafficking in Brazil, particularly in border regions such as the state of Mato Grosso do Sul, whose strategic geographic location facilitates the transnational flow of victims. Despite regulatory advances, such as Law No. 13,344/2016, there is a lack of a structured and effective state plan to combat this type of crime in the state, revealing a critical gap in local public policies and the systematic vulnerability of the border population. The overall objective is to develop a model State Plan to Combat Human Trafficking for the state of Mato Grosso do Sul. The specific objectives of this research are: (i) to analyze the conceptual and legislative evolution of human trafficking in Brazil; (ii) identify the profile of victims and recruiters in the Brazilian and Mato Grosso do Sul contexts; (iii) map international trafficking routes and practices originating from Brazil; (iv) evaluate existing public policies; and (v) propose a legislative and institutional framework applicable to the state. The research also aims to present several bill proposals relevant to the topic. The methodology adopted is a qualitative, applied approach, with a deductive method and a bibliographic and documentary review. Official data from the Ministry of Justice and Public Security, reports from the U.S. Embassy, SmartLab (Observatory of Slave Labor and Human Trafficking), national and international legal standards, and academic studies on the topic were used. National combat plans and state experiences were also analyzed, such as the São Paulo plan, which served as a model for the final proposal. The analysis revealed that the state of Mato Grosso do Sul, despite its geopolitical vulnerability to human trafficking, lacks a structured state plan. The predominance of labor exploitation over sexual exploitation was identified in the country, although both remain significant. The lack of coordination between public agencies and data collection and monitoring mechanisms compromises the effectiveness of local actions. The study presented a detailed proposal for a state plan, with areas of prevention, repression, and victim assistance, integrating international recommendations and regional adaptations, including the formalization and institutional strengthening of CETRAP/MS. The conclusion is that combating human trafficking requires integrated, inter-institutional, and intersectoral public policies, adapted to regional specificities. The implementation of a state plan for the state of Mato Grosso do Sul, along the proposed lines, constitutes a viable and necessary strategy to consolidate an effective public response to the systematic human rights violations associated with human trafficking. The proposed plan offers practical and legal guidelines aimed not only at repressing the crime, but above all at protecting victims and preventing further occurrences. Tipo: Dissertação Wed, 01 Jan 2025 00:00:00 GMT https://repositorio.ufms.br/handle/123456789/12810 2025-01-01T00:00:00Z https://repositorio.ufms.br/handle/123456789/12778 Título: O CONTROLE DE CONVENCIONALIDADE NOTARIAL E REGISTRAL COMO INSTRUMENTO ESSENCIAL PARA GARANTIR A PROTEÇÃO DOS DIREITOS HUMANOS Abstract: The internationalization of human rights has intensified the interaction between jurisdictions and has driven the development of conventionality control, especially after Constitutional Amendment nº 45/2004, which strengthened the hierarchical status of human rights treaties within the Brazilian legal system. However, its effectiveness remains limited, particularly regarding the underexplored role of registrars and notaries. Based on a deductive, descriptive, and qualitative methodology, the research argues, in light of the Case of Cabrera Garcia and Montiel Flores v. Mexico (Corte IDH, 2010), that all authorities, including extrajudicial ones, must exercise such control. The study aims to broaden its practical application within registry and notarial services, reinforcing the domestic protection of human rights ratified by Brazil. Tipo: Dissertação Wed, 01 Jan 2025 00:00:00 GMT https://repositorio.ufms.br/handle/123456789/12778 2025-01-01T00:00:00Z https://repositorio.ufms.br/handle/123456789/12322 Título: DIREITOS HUMANOS E O SISTEMA DE JUSTIÇA CRIMINAL SOB ÓTICA DOSPOVOS INDÍGENAS NO MATO GROSSO DO SUL Abstract: This research examines the problems of criminal justice in the state of Mato Grosso do Sul, focusing on the intersection between the traditional legal system and the rights of indigenous peoples. The analysis focuses on the complex relationship between the policy of formation of the criminal justice system, legal pluralism, and the reality faced by indigenous peoples in the context of incarceration. It seeks to explore the following problematic: How does the criminal justice system, shaped by a policy of integrationist, Eurocentric, and colonial bias, impact the rights of indigenous peoples in Mato Grosso do Sul, and how can legal pluralism contribute to the construction of a more balanced system? In addition to being a deductive research, the method proposed for this research on the challenges faced by indigenous peoples in the Brazilian prison system is based on a comprehensive approach that combines quantitative and qualitative techniques (data from official reports and bibliographic research). This methodology was carefully designed to provide a deep and holistic understanding of the issues under analysis, as well as to identify opportunities for intervention and policy formulation. Tipo: Dissertação Wed, 01 Jan 2025 00:00:00 GMT https://repositorio.ufms.br/handle/123456789/12322 2025-01-01T00:00:00Z