scholarly journals Gestão Participativa em Unidades de Conservação com ênfase nos instrumentos legais: um olhar a partir da RDS Estadual Ponta do Tubarão (RN)

2015 ◽  
Vol 8 (4) ◽  
Author(s):  
Iraci Wanderley-Filha ◽  
Maria Valéria Pereira de Araújo ◽  
Sonia Trigueiro de Almeida
Keyword(s):  
Protected Areas ◽  
Local Community ◽  
Biological Diversity ◽  
Rio Grande ◽  
Farming Systems ◽  
The State ◽  
Federal Law ◽  
Management Board ◽  
Ecological Resources ◽  
The Right

As unidades de conservação são espaços naturais em que se observa a presença de pessoas cuja existência se baseia em sistemas sustentáveis de exploração dos recursos ecológicos, desenvolvidos por diversas gerações, adaptados às condições naturais locais e que desempenham um papel básico na proteção da natureza e na manutenção da diversidade biológica. O artigo objetiva identificar e compreender a compatibilização entre as previsões da Lei Federal nº 9.985 que criou o Sistema Nacional de Unidades de Conservação – SNUC, da Lei Complementar nº 272/04 e da Lei Estadual n º 8.349/03 que cria a Reserva de Desenvolvimento Sustentável Estadual Ponta do Tubarão, no que diz respeito a aplicabilidade dos princípios constitucionais de garantia do direito de participação social na gestão de Unidades de Conservação - UCs, na gestão ambiental da reserva. A referida reserva abrange os limites dos municípios de Macau e Guamaré, no Estado do Rio Grande do Norte. Trata-se de uma pesquisa bibliográfica e documental de natureza exploratória e de caráter qualitativo. Os resultados mostraram que apresenta certa acuidade no tocante ao alinhamento legal que cria e implementa a RDS com Lei Complementar 272/04 e às previsões da Lei 9.985/00 clareando e garantindo as formas de participação na gestão da unidade pelo Conselho Gestor com vistas ao desenvolvimento comunitário local. Participatory Management in protected areas with emphasis on legal instruments: a view from the RDS State Ponta do Tubarão (RN, Brazil) ABSTRACT Protected areas are natural areas where there is the presence of people whose existence is based on sustainable farming systems of ecological resources, developed by several generations, adapted to local natural conditions and play a basic role in protecting nature and maintenance of biological diversity. The article aims to identify and understand the compatibility between the predictions of Federal Law 9985 that created the National Protected Areas System - SNUC, of Complementary Law 272/04 and the State Law 8.349/03 establishing a Development Reserve Sustainable State Ponta do Tubarão, with regard to applicability of constitutional principles guaranteeing the right of social participation in protected areas management - UCs, environmental management reserve. Said reserve covers the limits of Macau and Guamaré municipalities in the state of Rio Grande do Norte. It is a bibliographical and documentary research exploratory and qualitative. The results showed that presents a certain accuracy regarding the legal alignment that creates and implements the RDS with Complementary Law 272/04 and forecasts of Law 9.985/00 clearing and securing the forms of participation in the management of the unit by the Management Board with a view to developing local community. KEYWORDS: Participative Management; Conservation Unit; Legal instruments.

scholarly journals Recognition of endangered and protected species in the flora and their current condition: an example from Sokołowice forest administration region (Oleśnica forest district)

2012 ◽  
Vol 73 (4) ◽  
pp. 283-293
Author(s):  
Piotr Gorzelak
Keyword(s):  
Nature Conservation ◽  
Protected Areas ◽  
Subject Matter ◽  
Biological Diversity ◽  
The State ◽  
Protected Species ◽  
Management Board ◽  
Insufficient Knowledge ◽  
Forest District ◽  
Multifunctional Forestry

Abstract This article is an attempt to draw attention to the differentiation used to conserve endangered and protected species of flora in an area that is administered by the management board of the State Forests. I also draw attention to areas of insufficient knowledge of this subject-matter. A detailed inventory of endangered and protected species of flora for the purpose of planning in forestry would be very useful in light of laws related to nature conservation and the problem of preserving biological diversity. Research in the forest administration region of Sokołowice indicates that almost 2/3 (65.16%) of all sites harbouring endangered and protected species of flora are new (previously undocumented), despite the existence of numerous protected areas – this fact indicates that there are great research possibilities in this field. The main conclusion from this research confirms that multifunctional forestry in Poland will provide the greatest opportunity to preserve the widespread and numerous sites holding endangered and protected species of flora in economically important forests.

scholarly journals Access to treatment for phenylketonuria by judicial means in Rio Grande do Sul, Brazil

2015 ◽  
Vol 20 (5) ◽  
pp. 1607-1616 ◽  
Author(s):  
Luciano Mangueira Trevisan ◽  
Tatiele Nalin ◽  
Tassia Tonon ◽  
Lauren Monteiro Veiga ◽  
Paula Vargas ◽  
...  
Keyword(s):  
Genetic Diseases ◽  
Rio Grande ◽  
Right To Health ◽  
The State ◽  
Rio Grande Do Sul ◽  
Access To Treatment ◽  
Unified Health System ◽  
Department Of Health ◽  
Legal Remedy ◽  
The Right

Treatment of phenylketonuria (PKU) includes the use of a metabolic formula which should be provided free of charge by the Unified Health System (SUS). This retrospective, observational study sought to characterize judicial channels to obtain PKU treatment in Rio Grande do Sul (RS), Brazil. Lawsuits filed between 2001- 2010 and having as beneficiaries PKU patients requesting treatment for the disease were included. Of 20 lawsuits filed, corresponding to 16.8% of RS patients with PKU, 19 were retrieved for analysis. Of these, only two sought to obtain therapies other than metabolic formula. In all the other 17 cases, prior treatment requests had been granted by the State Department of Health. Defendants included the State (n = 19), the Union (n = 1), and municipalities (n = 4). In 18/19 cases, the courts ruled in favor of the plaintiffs. Violation of the right to health and discontinuation of State-provided treatment were the main reasons for judicial recourse. Unlike other genetic diseases, patients with PKU seek legal remedy to obtain a product already covered by the national pharmaceutical assistance policy, suggesting that management failures are a driving factor for judicialization in Brazil.

ADDITIONAL CONCLUSION ON A DISSERTATION

2021 ◽  
Vol 3 (3) ◽  
pp. 163-180
Author(s):  
А.V. Gabov
Keyword(s):  
System Analysis ◽  
Legal Regulation ◽  
Focus Of Attention ◽  
The State ◽  
State System ◽  
Federal Law ◽  
Current Regulation ◽  
Historical Method ◽  
The Right ◽  
Academic Degrees

Introduction: the article deals with the legal phenomenon of an additional conclusion on a dissertation that rarely comes into the focus of attention of domestic researchers, which is regulated in the Regulations on Awarding Academic Degrees and the Regulations on the Council for the Defense of Dissertations for the Degree of Candidate of Science, for the Degree of Doctor of Science. The relevance of the issue is explained by the ongoing processes of transformation of all the main elements of the state system of scientific certification. Purpose: to show the main elements of this institute, the problems of its regulation, including in connection with the changes made to the state system of scientific certification by Federal Law of 23 May 2016 No. 148-FZ “On Amendments to Article 4 of the Federal Law ‘On Science and State Scientific and Technical Policy’” (hereinafter – Law No. 148-FZ), as well as the directions for improving legal regulation of this institute. Methods: system analysis, historical method. Results: the goals of the institute of additional conclusions on the dissertation are revealed; marked defects in the regulation of additional conclusion on the dissertation; given the significant changes in the state system of scientific attestation in connection with the receipt of a number of organizations right of self-awarding degrees, as well as the accumulated practice of application of this institute, the directions of its improvement are formulated. Conclusions: according to the author of the article, the institute of additional conclusion should not be abandoned, it may well be in demand in the future and in the activities of organizations, those who have received the right to independently award academic degrees. The current regulation of the institute of additional conclusion requires complete renovation.

scholarly journals CONFLICT OF FOREST RESOURCES AND ECOLOGICAL ADAPTATION STRATEGY

2019 ◽  
Vol 5 (15) ◽  
pp. 1483-1490
Author(s):  
Rita Rahmawati ◽  
Arya Hadi Dharmawan ◽  
Rilus Kinseng ◽  
Dudung Darusman
Keyword(s):  
Qualitative Method ◽  
Local Community ◽  
Adaptation Strategy ◽  
Forest Resources ◽  
The State ◽  
Ecological Adaptation ◽  
Cultural Tradition ◽  
Resource Conflicts ◽  
The Government ◽  
The Right

This study is focused on the adaptation strategy of the local community who has the problem of land rights. In Indonesia, all natural resources are subject to control and to manage by the state. As a ruler of the resources, the Government published any policy which provided revenue for the state, such as giving the right to industrial extraction of logging companies in the forest area. Whereas, many communities' lives depend on the forest. Forest resources are important for the Indonesian economy, as well as for the livelihood of communities who depend on the forest. It finds themselves in situations of conflict. The aim of the study is to analyse adaptation strategy of local community which is in the forest resource conflicts. The study used mix methods. A qualitative method with a focus on ecological adaptation and livelihood strategy, while the quantitative approach stresses defining the meaning of findings or facts that are deconstructed based on the subjective perspective of the researcher. The research held in two site, namely Sungai Utik Forest which Dayak Iban Community and Halimun Salak Mountain National Park which Kasepuhan community live. The result of the research showed that conflict of the forest resources have improved the adaptation strategy of the local community. Although various problems is already attacking them, local community still have loyalty to their tradition. They have own regulation to manage and utilize land, especially for managing forest and rice planting. Faithfulness in carrying this cultural tradition out are their ecological adaptation strategy. Keywords: Adaptation Strategy, Ecological Adaptation, Conflict of Forest Resources, Dayak Iban Community, Kasepuhan Community

scholarly journals Ecotourism for Eco Friendly Guest and Green Host - A Case Study on Thenmala Ecotourism Project, Kerala

1970 ◽  
Vol 3 (1) ◽  
pp. 36-47
Author(s):  
T A Binoy
Keyword(s):  
Protected Areas ◽  
National Parks ◽  
Local Community ◽  
Biological Diversity ◽  
Action Plan ◽  
Indigenous Communities ◽  
Environment Impact ◽  
Nature And Culture ◽  
Environment Impact Assessment

Ecotourism is a purposeful travel to understand the nature and culture of a particular area taking care not to alter the integrity of the ecosystem, while producing economic opportunities that make conservation of natural resources beneficial to the local people. Protected Areas such as national Parks, Biosphere Reserves and Wild Life Sanctuaries have figured prominently in biodiversity conservation and well-designed and managed Protected Areas can form the pinnacle of nation's efforts to protect biological diversity and also provide opportunities for recreation and tourism. Scientific studies show that planning ecotourism in Protected Areas as done in Thenmala ecotourism project, Kerala, first planned ecotourism project in India, which can be a model for other such destination development programmes. In Protected areas, developing forests as recreation spots can mitigate hardships of indigenous communities. This will provide monetary returns to thepublic exchequer, while protecting bio diverse patches with the support of the local community. For better planning and implementation of different components of ecotourism, zonalisation, site-specific action plan, reliable estimates of carrying. capacity and Environment Impact Assessment may be done in all the Protected Areas so as to avoid the ill effects of tourism. This research paper analyses and evaluates the methodology and typology of ecotourism practices at Thenmala, Kerala and proposing Thenmala as a model for the development of similar program in India

ZBYCIE AKCJI LUB UDZIAŁÓW W SPÓŁKACH BĘDĄCYCH WŁAŚCICIELAMI NIERUCHOMOŚCI ROLNYCH – WYBRANE PROBLEMY

2021 ◽  
pp. 9-21
Author(s):  
Jerzy Bieluk
Keyword(s):  
Criminal Liability ◽  
The State ◽  
Agricultural System ◽  
Management Board ◽  
Contingent Liabilities ◽  
Commercial Company ◽  
The Subject ◽  
The Right ◽  
A Company ◽  
Statutory Regulation

Pursuant to Article 3a sec. 1 of the Act of 11th of April 2003 on Shaping the Agricultural System, the National Support Centre for Agriculture, acting on behalf of the State Treasury, has the right of pre-emption of shares in a commercial company within the meaning of the Act of 15th of September 2000, Code of Commercial Companies, if such a company is an owner or a perpetual usufructuary of either agricultural property with an area of at least 5 ha or agricultural properties with a total area of at least 5 ha. NSCA is not notified about its right of pre-emption by the shareholder but by the company whose shares are the subject of the conditional sale agreement. At the same time, the act imposes several obligations on the company’s management board related to the preparation of documents attached to the notification, the most far-reaching of which is the submission, under pain of criminal liability, of a statement on the amount of contingent liabilities of the company. The statutory regulation overburdens the company’s management board with the obligations related to the preparation of the notification and makes the trading of shares in commercial companies, owning or being perpetual usufructors of agricultural property, dependent on the actions of their management board. The management board may block the sale of shares. Such a concept is incomprehensible, illogical, and requires immediate modification.

scholarly journals The new Adoption Law: legal and psychological aspects

2013 ◽  
Vol 30 (3) ◽  
pp. 445-453 ◽  
Author(s):  
Débora Silva de Oliveira ◽  
Eda Regina Doederlein Schwartz
Keyword(s):  
Children And Adolescents ◽  
Family Life ◽  
Rio Grande ◽  
The State ◽  
Psychological Aspects ◽  
Adoption Process ◽  
Rio Grande Do Sul ◽  
The Law ◽  
The Right

From a legal and psychological standpoint, this article examines some aspects involved in adoption, including the effects of the alterations made to the Statute of Children and Adolescents by the National Adoption Law. It verifies whether or not the Law accelerated the performance of adoption processes. This paper is based on bibliographic searches and statistics from Rio Grande do Sul. Results show that the Law was innovative in many aspects but ceased to tackle others, such as adoption by homosexuals. Proceedings have become more bureaucratic, and the number of adoptions in the state, according to the records, remains insignificant. The New Law has not yet achieved its objective of accelerating the adoption process. Institutional sheltering, which should be temporary, at times becomes permanent, which contradicts the right of children/adolescents to family life and results in significant psychological damage to them.

scholarly journals To the question of impositions of restrictions on budgetary (autonomous) institutions involved in procurement for the purpose of fulfilling the state (Municipal) assignment

2020 ◽  
pp. 14-23
Author(s):  
Kristina Fedoseeva
Keyword(s):  
Nongovernmental Organizations ◽  
Russian Federation ◽  
Social Order ◽  
The State ◽  
Municipal Services ◽  
Federal Law ◽  
Special Contribution ◽  
Social Sphere ◽  
The Russian Federation ◽  
The Right

The subject of this research is the restrictions set by the introduced to the State Duma of the Russian Federation draft law on the budgetary (autonomous) institutions involved in procurement for the purpose of accomplishment of the state (municipal) assignment.  The goal consists in the analysis of such restrictions in the context of reform of budgetary (autonomous) institutions aimed at increasing their economic independence. The article provides scientific assessment of the legal opportunities of attracting contractors for governmental and nongovernmental organizations in the process of rendering state (municipal) services due to passing the Federal Law No. 189-FZ of July 13, 2020 “On the State (Municipal) Social Order for Rendering State (Municipal) Services in Social Sphere”. The author explores the question of organization of law enforcement in this area, namely use of the instrument for budget classification the Russian Federation and other methods of identification of procurement. The author’s special contribution lies in formulation of the general criteria that would allow the institutions to attract contractors for rendering services in order to fulfill state (municipal) assignment in case if the aforementioned draft law would not be adopted. The main conclusion of this work consists in the need for consubstantiation of normative regulation of the right to carry out procurement for the purpose of rendering state (municipal) services by both, governmental and nongovernmental organizations. This is substantiated by Implementation of budgetary (autonomous) institutions into the competitive market alongside other nongovernmental organizations, and imparting them with certain economic freedom as a result of the initiated reform.

scholarly journals The Right to Landscape: Social Sustainability and the Conservation of the State Theatre, Hong Kong

2019 ◽  
Vol 11 (15) ◽  
pp. 4033
Author(s):  
Leung Kwok Prudence Lau ◽  
Pak Yin Ophios Chow
Keyword(s):  
Hong Kong ◽  
Cultural Landscape ◽  
Local Community ◽  
Social Sustainability ◽  
The State ◽  
Community Stakeholders ◽  
Media Reports ◽  
New Research ◽  
The Right ◽  
Heritage Policy

This study analyses research gaps and identifies potential new research topics concerning the adoption of social sustainability values when conserving historic buildings, with a focus on the State Theatre (the Theatre) in Hong Kong. Despite becoming a Grade 1 historic building in March 2017, the Theatre has since faced an uphill battle, sustained only through public participation and widespread pressure on heritage authorities. In the process, problems with local heritage policy and the bureaucratic procedures of technocratic administrative bodies have been brought to light. Based on in-depth interviews with members of the local community, stakeholders, non-governmental organisations and heritage consultants, and using government policies and media reports, this study unveils and analyses issues related to the conservation of the Theatre using a humanised anthropological approach. The results highlight the need for a more socially sustainable future for cultural capital by integrating the notion of the cultural landscape with heritage conservation in Hong Kong.

scholarly journals A cartography of dispossession: assessing spatial reorganization in state-led conservation in Saadani, Tanzania

2018 ◽  
Vol 25 (1) ◽  
pp. 40 ◽  
Author(s):  
Alejandra Orozco-Quintero ◽  
Leslie King
Keyword(s):  
Protected Areas ◽  
Biological Diversity ◽  
Strong Support ◽  
The State ◽  
Convention On Biological Diversity ◽  
Conservation Strategies ◽  
Spatial Control ◽  
Conservation Policies ◽  
Spatial Reorganization ◽  
Conservation Organizations

Proclaimed as the "most important conservation success story", protected areas have become the preferred method among state signatories to the Convention on Biological Diversity for addressing conservation challenges. However, state-governed protected areas have been criticized for their failure to achieve ecological and social goals. Reaching a consensus on wildlife conservation strategies has not translated into widespread acceptance of state-governed protected areas by local communities. Critics debate whether the state is sincere and efficient when exerting spatial control. This article analyses state-based conservation in the Saadani landscape in Tanzania, exploring the nature of spatial reorganization and institutional approaches guiding the establishment of protected areas. Spatial reorganization and the actions of conservation organizations have led to the disenfranchisement of the very people whose efforts had enabled biodiversity to be conserved. This is despite an apparent shift in the nature of Tanzania's conservation policies towards more participatory approaches. Through detailing mechanisms used by the state for exerting spatial control in Saadani, we highlight how the approach has been counterproductive for satisfying the country's commitment to the Aichi framework on biodiversity targets and has undermined grassroots backing for conservation. In the context of strong support from the international conservation organizations for Tanzania's conservation efforts, this suggests the need for reassessing global conservation policies and identifying urgent measures and effective mechanisms to protect rights to territory and ancestral tenure in places targeted for conservation.Keywords: conservation, Convention on Biological Diversity, protected areas, spatial reorganization, actions of the state, Saadani, TANAPA, Tanzania. Uvinje 

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