Direito

URI Permanente desta comunidadehttps://repositorio.cesupa.br/handle/prefix/25

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Navegando Direito por Orientador "Brito Filho, José Cláudio Monteiro de"

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    Da (in)existência de relação de emprego entre a Uber e seus “motoristas parceiros”
    (Centro Universitário do Estado do Pará, 2019-06-03) Saraiva, Raíssa Guerra; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769
    This monograph aims to analyze the nature and the consequences of the relationship between the "partner drivers" and Uber, through an application. The general objective is to verify, considering the conditions under which the service is provided, the existence or not of employment relationship between UBER and its "partner drivers". For this, we understand how it was given to stories of labor relations; we also understand the requirements of the employment relationship in Brazil. We then investigate the operation of Uber and the idea of shared economy, in order to analyze the previous Ordinary Resource 1000123-89.2017.5.02.0038 and conclude by the (in) existence of the employment relationship between UBER and its partners drivers. The methodology adopted was the theoretical dogmatic bibliographical research and the consultation of Internet sites, being investigated the works of doctrinators and the jurisprudence of Labor Law and Constitutional Law.
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    Reforma trabalhista: a relação do trabalho intermitente e a violação dos princípios no Direito do Trabalho
    (Centro Universitário do Estado do Pará, 2019-06-03) Arouck, Rosilda do Socorro Cavalcante; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769
    Law 13,467 / 2017, known as "labor reform" brought to the Labor Law several changes, where it is evident the creation of a new modality of labor contract: the intermittent contract. It is a model that occurs with a job link with flexible hours and salaries according to the employer's needs. The creation of this new modality undoubtedly generates a reflection developed in the chosen theme, Labor Reform: The relation of the intermittent work and the violation of the principles in the Right of the Work. The objective of this monograph is to make a study on the form that this modality of work violates the worker's rights consolidated in the federal Constitution and CLT. In this format, the study will analyze the inclusion of this new contract model and its implication in the preservation of some basic principles in the Law of the worker. The methodology used was the bibliographical research, analyzing several authors as:. The first chapter focused on labor law, with its origin and construction in other countries and its influence in Brazil, culminating the principles that guide it, both constitutional and infraconstitutional. The second chapter deals with the generality of the labor reform and the introduction of the intermittent contract, the main object of this study. The third chapter deals with legal insecurity in the intermittent work due to the controversies that Law 13467/2017 generated and all the post-valid changes. Finally, the last chapter deals with the violation of principles in the inclusion of this new modality of contract, relating important principles in this context and the consequences of this violation, answering the problem question and presenting possible interventions with the result obtained.
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    Trabalho escravo e as medidas de reinserção de trabalhadores egressos ao mercado de trabalho
    (Centro Universitário do Estado do Pará, 2018-06-28) Souza, Maria Júlia Silva de; Brito Filho, José Cláudio Monteiro de; Koury, Suzy Elizabeth Cavalcante
    The monograph deals with work in conditions analogous to slavery and has as a question what has been the real applicability and effectiveness of public policies aimed at the reinsertion of workers from slave labor to the labor market. The main objective of this research is to better understand the factual situation experienced by thousands of workers who are subjected to this illicit practice. The work developed is largely bibliographic, supported by doctrine on the subject, but also turned to data obtained from national and international bodies. It is divided into three chapters, the first of which contains general notions about slave labor, while the second chapter seeks to demonstrate the factual occurrence of crime both in rural and urban settings, and the third, which discusses object of the study, aims to indicate and analyze the effectiveness and applicability of reinsertion measures already adopted. Finally, it concludes that the existing measures aimed at the reinsertion of workers deserve to be considered.