Mestrado em Direito, Políticas Públicas e Desenvolvimento Regional

URI Permanente desta comunidadehttps://repositorio.cesupa.br/handle/prefix/9

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A pejotização no Supremo Tribunal Federal: reflexões à luz do trabalho decente
(Centro Universitário do Estado do Pará, 2024-08-26) Peixoto, Karen Dayana Pereira; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Carreiro, Luciano Dorea Martinez; http://lattes.cnpq.br/8883729921865765
This dissertation analyzes the decisions of the Federal Supreme Court (STF) on pejotização, from the perspective of decent work. The objective is to investigate how the STF decisions that endorse pejotization, based on outsourcing, interfere with the promotion of Decent Work in Brazil. The research addresses the STF's position on pejotization, identifying arguments from Ministers and influential legal nuances. It also assesses the influence of these decisions on working conditions and workers' rights, pointing out vulnerabilities and possible violations of minimum labor protection standards. The dissertation clarifies the legal instruments of outsourcing and pejotization, delimiting their characteristics and legal implications. It concludes that, despite the fundamental rights established by the Constitution, infraconstitutional legislation makes labor rights more flexible, creating precariousness. The STF, by legitimizing pejotization as outsourcing, confuses concepts, harming workers and weakening legal protection, compromising the promotion of Decent Work. The research is theoretical and empirical, combining bibliographical review and jurisprudential analysis. On a theoretical level, it reviews doctrines, theories and legal principles on pejotização and outsourcing in Labor Law. Empirically, it examines STF decisions, collecting and analyzing rulings to identify patterns and impacts. The search on the STF website, carried out on December 12, 2023, used keywords such as "pejotização" and "pejotização and outsourcing", resulting in 25 and 24 rulings, respectively. Qualitative analysis interprets jurisprudential and doctrinal data, offering an in-depth and reasoned understanding of the implications of these decisions for Decent Work. The research concludes that the STF tends to validate pejotization via outsourcing, reformulating understandings of the TST and TRTs, but faces criticism about its effectiveness in protecting workers' rights. Analyzing STF decisions, the research reveals arguments and legal foundations, highlighting the need for a specialized Labor Court to correctly distinguish between outsourcing and pejotization, ensuring decent working conditions.
Ações afirmativas para pessoas com deficiência visual: análise da atuação da UFPA na garantia da permanência no ensino superior
(Centro Universitário do Estado do Pará, 2019-08-21) Lopes, Rosaly Bacha; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Raiol, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645
This dissertation address with the issue of the permanence and completion of higher education by the visually impaired at the Federal University of Pará, more specifically the institution's performance in warranty the permanence of the visually impaired student in higher education. It explores the theme from the understanding of central notions such as the nature and justice of affirmative actions, have in it history and the emblematic legal clashes on the subject of quotas. Highlights topics such as law, justice, equality and difference. It used as search method reading and conceptual analysis of texts, statistical data on the central question here put on the agenda and interviews. The dissertation presents the different views on one of the forms of distributive justice,to know, the quota policy for access to education and problematizes issues related to the permanence and completion of higher education by students with visual impairment.
O depoimento especial judicial de crianças e adolescentes vítimas de violência com deficiência auditiva no estado do Pará: comarcas de Belém, Ananindeua e Chaves
(Centro Universitário do Estado do Pará, 2020-02-11) Morais, Ana Radig Denne Lobão; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Bentes, Natalia Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216; Raiol, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645
The present research targets to analyze the Special Testimony of deaf children and teenagers in the Districts of Ananindeua, Belem and Chaves, in the State of Para. The right of being properly heard during a judicial or administrative process according to the degree of development of children and teenagers had been incorporated to Brazilian legal system since Decree No. 99.710/1990, which promulgated the Convention on the Rights of the Child. However, this right got effective twenty-seven years after the Convention’s reception, along with the promulgation of Law No. 13.431/2017, which, amongst other propositions, made obligatory the procedures of special testimony and specialized listening. Owing to the obligation on watching over the principles of equality and not-discriminating, this research aims to answer the following question: are the regulation and application of procedures about the listening of child and teenage victims, upon special testimony on judicial power in the State of Para – considering the districts Ananindeua, Belem and Chaves –, respecting the specific needs of deaf children and adolescents? Therefore, this research’s mean goals are to analyze if the regulation of Law No. 13.431/2017, on national level, as much as the rules and procedures applied by The Court of Justice of the State of Para, specifically over the districts of Ananindeua, Belem and Chaves, had been respecting the specific needs of deaf children and teenagers, and, in case of a negative answer, if this absence of adequacy could be considered an institutional violence, according to Law 13.431/2017, and discrimination due to disability, according to the Brazilian Law of Inclusion of the Disabled Person. On the procedures, the methodology is bibliographical, documentary and field; on its type, it is applied, because it aims to generate knowledge for the solution of a specific problem: the proper application of special testimony for deaf children and teenagers, respecting the fundamental human rights of victims who find themselves in this situation.
Direito à saúde e novo regime fiscal: uma análise à luz do liberalismo rawlsiano
(Centro Universitário do Estado do Pará, 2020-02-05) Ferreira, Versalhes Enos Nunes; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983
The present research aims to analyze, in the light of Rawlsian liberalism, the right to health and the new tax regime, which was instituted by Constitutional Amendment 95 of 2016 and established a new calculation system for public health financing, reflecting on its conformity with the ideal of distributive justice advocated by egalitarian liberalism and with the constitutional model itself of granting this essential resource. John Rawls's theory of justice will be the theoretical framework used to support the discussions, being apropriate and sufficient for the purpose of the study, in so far as the reading of this philosophical prism is of a contemporary conception of social justice that prioritizes all individuals when distributing primary goods, which today must be read as fundamental rights. We believe that the right to health must be realized for all citizens, since it is an indispensable legal asset for life and the protection of human dignity, collaborating in this way, so that people can carry out the actions necessary for the realization of their life plan, therefore, the strengthening of the Unified Health System, notably in a scenario of implementation of a severe policy of economic austerity. This conjures us to answer the question whether the new tax regime is compatible with the best way to distribute the right to health, within the conception of concession instituted by the Constitution of the Republic of 1988. The study used as methodology, mainly, the bibliographic survey, being eminently theoretical research.
Direito fundamental à educação: o arcabouço normativo e a efetividade da educação básica no Brasil à luz da teoria de John Rawls
(Centro Universitário do Estado do Pará, 2025-02-24) Mácola, Ana Luiza Crispino; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983
The main objective of this dissertation is to analyze the fundamental right to education in Brazil in light of John Rawls' theory of justice as equity, considering the Brazilian normative framework and the implementation of access to basic education in the country. In this context, the work seeks to answer the following research problem: based on the analysis of education in Brazil and based on Rawls' conception of justice, to what extent is access to basic education implemented and recognized as a primary good? To achieve the desired goals, the research examines the right to education, addressing its normative protection and theoretical foundations, then delves into the concepts of egalitarian liberalism and distributive justice, highlighting Rawls' theory. Next, the investigation focuses on the feasibility of implementing the right to basic education in Brazil, analyzing whether the institutional structures are aligned with the principles of justice proposed by Rawls, especially in a challenging scenario marked by inequalities in the country. The research, which is theoretical in nature and based on the deductive method, uses discourse analysis as a methodological resource, which allows for an understanding that transcends the explicit content by investigating underlying and contextual impacts. The analysis, as to the object of study, is limited to the normative criteria of basic education. In addition to this methodological approach, the research adopts John Rawls as a theoretical framework, as his theory of justice is considered the most appropriate and fair way of distributing rights among members of society, in addition to recognizing the fundamentality of social rights and, therefore, the most suitable for protecting the right to education. In the end, it is concluded that, although the Brazilian normative framework is aligned with Rawlsian theory, there is an urgent need to improve the practical application of the standards so that access to basic education is effectively guaranteed to all, especially to the less favored, promoting the construction of a more just and egalitarian society.
Meio ambiente do trabalho hígido: aspecto necessário para configuração do trabalho docente
(Centro Universitário do Estado do Pará, 2020-08) Quaresma, Nágila de Jesus de Oliveira; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Teixeira, Sérgio Torres; http://lattes.cnpq.br/5251373969908944
The present research has as general objective to analyze the correlation between work environment and decent work, in order to overcome limiting definitions and to demonstrate that the separation of concepts is not feasible. Specifically, we seek to investigate how restrictive concepts of the environment and decent work make it impossible to guarantee decent working conditions; to define which are the minimum indispensable conditions, with a view to the precaution / prevention principles, which must be present in the work environment, for the configuration of decent work, so that its concepts are expanded; and, also, to verify how the quality of the work environment affects the expansion of human capacities. The research problem consists of investigating how environmental working conditions are capable of interfering in the configuration of decent work and, consequently, in the dignity of the worker for the development of his personal aptitudes. In order to fulfill the task, the methodology that analyzes the legal treatment of the work environment will be used, as well as the framework of the work carried out under conditions that preserve human dignity. The main theoretical references, in the philosophical plane, are the teachings of Imannuel Kant, Amartya Sen, John Rawls and Ronald Dworkin and, in the legal plane, the studies of José Claudio Monteiro de Brito, Júlio César de Sá da Rocha, Raimundo Simão de Melo and Ney Maranhão. The research to be developed is substantially dogmatic, doctrinal and legislative, because although it will not be neglected from the historical and sociological reasons, pertaining to the way in which the service provision of workers is carried out and the respective impacts, the main objectives are to identify in the legal, normative and doctrinal plans the treatment given to the work environment and decent work, in order to influence the lives of workers.
Os obstáculos à erradicação do trabalho escravo na Amazônia
(Centro Universitário do Estado do Pará, 2022) Soeiro, Laís de Castro; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Chaves, Valena Jacob; http://lattes.cnpq.br/2222933055414567; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537
The main objective of this dissertation is to deepen the discussion about slave labor in the Amazon, based on the analysis of public policies for regional development historically applied in the region and their relationship with work analogous to the condition of slavery. Despite the scope of the topic, the research will focus on the analysis of labor relations established within the Amazonian context, with the aim of the research addressing the following problem: What are the obstacles to the eradication of slave labor in the Amazon? For that, the methodology used for the elaboration of the research is the bibliographic research, carried out by reconciling the legal, sociological, philosophical and historical literature on slave labor. The bibliographic research will be carried out from the reading and analysis of works relevant to the theme, written by authors of relevance in the proposed discussion, such as José Claudio Monteiro de Brito Filho and Violeta Refkalefsky Loureiro. Initially, it is proposed to identify the historical trajectory of Amazonian development and the public policies of regional development, which were applied in this region, to then discuss and analyze slave labor, through a multidisciplinary analysis, also understanding how it collides. with the concept of decent work. After this first moment, the history of Amazonian development and the public policies of regional development, which were applied in this region, in order to discuss the ways in which this “development” is closely related to the roots of slave labor. the need for a more active action by the State to combat this form of exploitation, through inspection and accountability of those who commit this illicit. Finally, the impacts of these policies on labor relations established in the Amazon must be considered and the obstacles to the eradication of slave labor in the Amazon must be established. Thus, the study evidenced that the man of the Amazon, in general, became, historically, the conflicting target of a social and economic process, that did not consider the cultural aspects of the man of the region, from the governmental initiatives of occupation added to the large projects, which contributed to the dissemination of the practice of exploitation of human labor in conditions analogous to slavery.
Trabalho decente e a gestão do labor no sistema prisional paraense
(Centro Universitário do Estado do Pará, 2023-02-01) Nascimento, Juliana Oliveira Eiró do; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Raiol, Raimundo Wilson Gama; http://lattes.cnpq.br/6271053538285645
The main objective of this dissertation is to reflect on the framework of minimum rights that must be guaranteed to prison workers, in the state of Pará, so that they have their human dignity preserved within the socio-labor field of prison, so that labor functions as a true resocializing tool. To do so, it gathers information to face the following research problem: What is the minimum framework of rights to be assured to incarcerated workers in order to guarantee decent work within the prison system of Pará? To achieve the intended purposes, the research is structured in eight items, the first is the introduction. The second is aimed to study the history of prison work based on an analysis of the origin of the penal system of the prison institutions, the history of criminal law and custodial sentences in Brazil; and, finally, the current context of the sentence in the country, by the perspective of the rehabilitation of the convict and the dignity of the human person. the third item examines the normative protection of the prisoners' work by an international perspective and the fourth item performs the same examination, using an internal scope. the fifth item studies the management of prison labor in the state of Pará, focusing on GAB/SEAP Ordinance No. 465/2020. The sixth item exposes an examination of the 11th cycle of national survey of penitentiary information, carried out from July to December, 2021, focusing on regional information, reflecting on the problem that involves labor in Pará prisons. The seventh item investigates the notion of decent work, exploring its legal basis; the framework of minimum rights currently considered essential to the dignity of the working man; the limitations existing in the current notion of decent work; and, at the end, proposes the expansion of the current notion of decent work, capable of ensuring a framework of minimum rights in favor of the human dignity of workers in prison in the State of Pará, even though they are not subordinated to the CLT regime. Finally, the eighth and last item presents the final considerations of this study, The research used the hypothetical-deductive method with a documentary and bibliographical analysis, through works by jurists such as Brito Filho (2018) and Sarlet (2006), as well as philosophers such as Foucault (1988), Kant (2007) and Rocha (2011), and a qualitative approach of the theme.
Trabalho escravo: uma análise da jurisprudência do Tribunal Regional do Trabalho da 8ª Região à luz da Súmula 36, acerca do trabalho em condições degradantes
(Centro Universitário do Estado do Pará, 2020) Silva, Érica de Kássia Costa da; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
The present research aims to carry out a jurisprudential analysis about work in degrading conditions in the Regional Labor Court of the 8th Region in the light of Precedent 36. The useof work in conditions similar to slave is an illegal practice in Brazil and legally prohibited in international instruments. However, although this type of work is expressly prohibited, it is still common to find workers being subjected to this form of exploitation in urban and rural areas. Article 149 of the Brazilian Penal Code describes work in conditions analogous to slavery based on the typical and equivalent forms of criminal offenses. Although work in degrading conditions is considered one of the typical forms of crime, there is still a difficulty in characterizing it. In view of this phenomenon, there is a need to defend that this form of exploitation is not only the occurrence of labor irregularities during the employment relationship, but also the denial of minimum worker rights, as in this form of labor, health and safety standards are not observed. work safety, thus violating the dignity of the worker. The Regional Labor Court of the 8th Region was chosen for this study due to the existence of jurisprudential dissent among its classes regarding the characterization of work in degrading conditions. The uniformity of jurisprudence in the court was raised, and precedent no 36 was approved in order to provide uniformity in its understanding. Thus, we seek to answer in the work if the edition of Precedent no 36 of the TRT of the 8th Region influenced the court's jurisprudence regarding the recognition of work in degrading conditions and the attribution of moral damage. The research used as a research methodology the bibliographic survey and the consultation of the jurisprudence in the database of the Regional Labor Court of the 8th Region.

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