Navegando por Autor "Feio, Thiago Alves"

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O superfaturamento nos contratos administrativos na pandemia do COVID-19
(Centro Universitário do Estado do Pará, 2020) Souza, Beatriz Andrade de; Silva, Renata Soraya Sena da; Feio, Thiago Alves; http://lattes.cnpq.br/6097894612420336; Miranda, Ana Amelia Barros
Due to the COVID-19 Pandemic, a significant change in the aspect of the public hirings has happened because of Law 13.979/2020, which possesses emergency actions to face public health problems that loosen several legal points. The research asks what the main impacts of Law 13.979/2020 are over the administrative hirings in the COVID-19 pandemic period. This paper aims to analyze the impacts caused by the new Law, referring to its harm related to the public hirings. Therefore, it is necessary to take some steps so that the pandemic fight be accomplished. The methodology adopted was the literature review together with the hypothetical-deductive method.
Precedentes judiciais vinculantes no Código de Processo Civil de 2015, ativismo judicial e (in) segurança jurídica
(Centro Universitário do Estado do Pará, 2018) Feio, Thiago Alves; Cichovski, Patrícia Kristiana Blagitz
The Civil Procedure Code of 2015 (CPC) introduced profound reforms in the Brazilian legal system, among which is the system of binding precedents, aimed at easing the crisis that the Judiciary has passed since the promulgation of the 1988 Constitution, represented mainly by procedural delays and legal uncertainty. The first one is represented by the number of cases, with 79.7 million cases pending, and by the enormous duration of judicial proceedings, on average of 5 years and 10 months. The latter is evident with a diversity of decisions for similar cases. The study proposes the questioning: is the system of binding precedents of the CPC, as introduced and taking into account the Brazilian context, a tool capable of limiting judicial activism and promoting legal security in Brazil? With the objective of analyzing the suitability of binding precedents to provide legal security in the country. This analysis proposes a comparative study with common law principles, through a bibliographical review of books and articles on the subject, where it is possible to question the importation of this system, without proper adaptation. It is clear that a number of conceptual determinations and structuring are necessary in order for binding precedents to be able to give satisfactory prestige to legal certainty. Regarding the conceptualizations, the use of precedents may raise doubts as to which part of the decision will be linked, which body will be responsible for the specification of that part and which model of application of precedents. This lack of definition can intensify activism in the country by expanding the margin for discretion. With regard to the structures, there are operational gaps, due to the lack of a reporting system in the Brazilian legal system, in order to set up a specialized committee to extract the elements, in a schematic form, from the decision. Another missing structure is the lack of an organized tool for consulting the precedents. Therefore, the system of precedents requires a structural organization and a debate for conceptual definition, aiming to compensate for the lack of culture of respect for judicial understandings, lacking a project to foster respect for and continuity of judicial decisions.
Principais impactos da atividade mineradora no Estado do Pará: o caso da Companhia Brasileira de Bauxita – CBB/USPAM
(Centro Universitário do Estado do Pará, 2020) Melo, Ana de Fátima Lopes; Bentes, Geraldo Afonso Lemos; Feio, Thiago Alves; http://lattes.cnpq.br/6097894612420336
The laboursassociatedwith mining, storage, processing, andtransportof ore, are carried out indangerousandinsalubriousareas. Most of the tragedies and environmental damage, that have social repercussions in the field of Labour Law, are triggered by human error. These activities have great and irreversible social and environmental impacts in the region, state, country and even in the world. This body of work intends to elaborate a brief exposition of the activities that are carried out in those conditions and the dangers that are always present, in a way which takes into consideration the responsibilities in the protection of means and labour relevant to the development and follow-up of such activities, without exhausting the theme as it is extensive. Some fields of Law, such as, Constitutional, Administrative, Civil, Social Security, Insurance and even Criminal, have obtained some improvements from companies, particularly, mining companies that employ around 1 million and 100 thousand workers, throughout the country, according to the Ministry of Mining and Energy’s National Plan of Minerals. It is known that the political, financial, and economic crisis remain difficult to be solved in a short amount of time and are now aggravated because of the global pandemic of Covid-19.