Navegando por Autor "Mendes, Felipe Prata"

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O acesso à justiça e as modalidades de resolução de conflitos inseridos pela reforma trabalhista
(Centro Universitário do Estado do Pará, 2019-06-18) Cruciol, Geovana Manoela Braga; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943; Rodrigues, Vanessa Rocha Ferreira
This monograph deals with access to justice through the modalities of conflict resolution introduced by the labor reform. The main objective is to show how the labor reform protects these modalities and to demonstrate the capacity that these alternative means of conflict resolution have to encourage the judiciary to be the precursor of one of a faster and more efficient judicial service. The objective was also to verify the effectiveness of the institutes implemented with the labor reform in order to address the following question: The alternative means of conflict resolution implemented by Law 13467/17 are tools capable of granting access to justice with the objective legislator? In order to remedy this issue, this work was directed to explaining, based on the study of daily life and forensic practice, how these institutes are functioning in the judiciary, analyzing their impacts in relation to the inafasability of the jurisdiction. Finally, it was possible to conclude that, due to the lack of democratic deliberation of the legislative process of law 13467/17, the initial ideas proposed by the labor reform were not articulated in the way that they should be, generating new impasses in the labor justice due to the built barriers access to the judiciary.
Análise da atual mercantilização do atleta e as peculiaridades do contrato de trabalho desportivo, conforme a Lei Pelé (Lei n. 9.615/1998)
(Centro Universitário do Estado do Pará, 2019-06-14) Borges, Adriano Jassé; Moreira, Allan Gomes; Mendes, Felipe Prata
There are currently significant changes in national football, starting from a process of professionalization and reaching a level of mercantilization of the athlete. In this sense, the purpose of the present research is to demonstrate that the football player presents a series of specific conditions that modify the understanding of the legal analysis of the situations that arise from the work contract, fact that proves the disparity of the contract with sports bond of that habitual barrister , transforming the football player into a special category of service provider, having his regiment protected by the law n ° 9.615 / 1998 popularly known as Lei Pelé.
Arbitragem nos dissídios individuais: uma análise após a reforma trabalhista
(Centro Universitário do Estado do Pará, 2018-12-18) Carmo, Giovanna Sousa do; Mendes, Felipe Prata; Moreira, Alan
This monograph aims to point out that the exaggerated number of demands in the Judiciary, due to the judicialization institute, generates the need to use alternative means, and to analyze specifically in the labor scope the applicability of Arbitration as a means of solving individual labor conflicts. The discussion begins with overcrowding of the judiciary and how extrajudicial means are important to "unburden" the judiciary. There is effective access to justice and its obstacles, among which can be correlated with basic principles of labor law, such as unavailability and the principle of protection. It is also analyzed how the arbitration procedure is inserted in the legal system, considering that the Labor Reform has expressly authorized the use of arbitration to solve individual labor disputes, which can be considered risky, due to several concepts not yet overcome. Therefore, it was possible to realize that, although the arbitration procedure has advantages for speed in the resolution of demands, there is still a great deal of resistance in its applicability in the individual dissidents, despite its express authorization by the Labor Reform, and the institute is not very seen in practice. This "legislative innovation" is exclusive, and covers a small part of society, could still generate insecurity and break with important principles of individual labor rights, which are not considered available.
A facilitação do dumping social no direito do trabalho mediante a reforma trabalhista
(Centro Universitário do Estado do Pará, 2018-12-19) Tocantins, Leonardo Tchelzoff; Chaves, Krystima Karem Oliveira; Mendes, Felipe Prata
The present study aims to analyze the extent to which current labor legislation favors the propitiation of so-called social dumping. In order to do so, we will analyze the dynamic context of labor law and the advent of labor reform. Law 13.467 / 2017, in order to observe, through a parallel with pre-existing legislation, the extent to which the changes brought about by labor reform facilitate the spread of social dumping. The specificities of social dumping will be set out, with the suppression of labor and social rights as their immediate consequences. It will be demonstrated that the means of easing the relationship between employee and employee, which were implemented by law 13467/17, may become instruments of aid for the increase of these practices, finally, it will be compared phatic and theoretically and possible harms to the worker in order to achieve the best construction and clarification of the content of labor rights and guarantees for their greater effectiveness.
Os impactos da reforma trabalhista em relação ao meio ambiente laboral da mulher gestante e/ou lactante
(Centro Universitário do Estado do Pará, 2019-06-19) Alarcão, Marcella Nobre; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769
The present study aims to analyze the impacts resulting from the approval of Law nº 13.467/2017 - Labor Reform, regarding the protection of the work of pregnant and lactating women. Facing the problem proposed, we will analyze the changes in labor legislation, in order to compare the legal provisions present in the Consolidation of Labor Laws - CLT before and after Labor Reform, such as Law nº 13.287/2016 and Provisional Measure nº 808/2017. In addition, current understandings regarding this subject will be demonstrated, in particular, the decision pronounced by the STF plenary on May 29, 2019, which determined the unconstitutionality of the expression that required the presentation of the health certificate by a trusted physician of the woman, for the removal of the pregnant or nursing woman. In this sense, the conclusions highlight the need to reform the aforementioned legal provision, which leads to evident health impacts of the pregnant and nursing woman, in order to comply with constitutionally guaranteed principles, in particular, the principle of social retrogression.
Peculiaridades acerca do contrato de trabalho do jogador profissional de futebol no Brasil e suas devidas implicações jurídicas
(Centro Universitário do Estado do Pará, 2019-06-03) Maia, Victor Hugo Santana; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943
The main objective of this work is to make a detailed analysis of the peculiarities of the sports employment contract and its legal implications. It portrays the theme from the historical evolution of the emergence of football in Brazil, as well as its legislation, until the moment in which the sport and its practitioners are regulated as a profession, which is governed mainly by the special law No. 9.615 of March 24, 1998, better known as Pelé Law. The Sports Law is recognized by the Federal Constitution of 1988, so that it covers all, without exception. The sport that emerged as a diversion, with the passing of the years and the constant phenomenon of globalization, found extraordinary commercial land legal directions, of stratospheric salaries, becoming a profession with millions of athletes around the world. Faced with this exponential growth, there was a real need for a legal normalization, so that the employment relations, in this field, are regulated and their fulfilment is mandatory.
As peculiaridades do contrato de trabalho do atleta profissional de futebol
(Centro Universitário do Estado do Pará, 2019-06-14) Gonçalves, Elayne Cristina Moraes; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943
The professional soccer player belongs to a differentiated category of worker, with his own rules and characteristics, which reached an important level in Brazil, to the point of deserving special legislation that deals with it. Historically, there has been a complex process in the admission of professional soccer players to the role of special workers, due to the delay in the transition from amateurism to professionalism in this category. Several regulations were issued by the State, but Law 9.615 / 98 (Lei Pelé) deserves special attention, since it is the most relevant rule. Since soccer has ceased to be mere leisure, and has achieved the status of one of the most lucrative investments in the market, involving millionaire transactions, it has become necessary to create a contract of work with different peculiarities, which differs from that of the ordinary employee , regulated by specific law, but subject to that which regulates the Consolidation of Labor Laws. Thus, the objective of this monograph is to address the main points that differentiate this category of workers from the others.
Os sindicatos no Brasil e o modelo de democracia ampliada
(Centro Universitário do Estado do Pará, 2017) Mendes, Felipe Prata; Koury, Suzy Elizabeth Cavalcante
This work generally aims to investigate, in light of the union organization model adopted by the Federal Constitution of 1988 and through a review of the dynamics perceived in the union relations in Brazil, if restoring the unions’ reclaiming power can be achieved through a model of expanded democracy. In order to accomplish the settled purpose, the historical events that made the route of unions in Brazil will be analyzed, so revealing how the power relations inside unions were built. Next, the basis of the extended democracy model will be presented, which include necessarily a review of the idea of politics, connected to the strategies developed toward the construction and maintenance of power relations. Facing the proposed research problem requires analyzing the Brazilian union organization model, dinstinguished by union singleness, unionization by category and compulsory checkoff. Conclusions claim the necessity of promoting an union reform, bringing union relations closer to an extended democracy perspective, which must be accompanied by the mobilization of workers, who are the most interested in its construction inside union interactions. This research is theoretical and its methodology is literature review.
A utilização da arbitragem dos dissídios individuais de trabalho à luz da reforma trabalhista
(Centro Universitário do Estado do Pará, 2018-06-14) Ramos, Marcela de Borborema Machado; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943; Pereira, Emília de Fátima da Silva Farinha
This monograph aims to analyze out that the excess of demands in the Judiciary generates the need to use alternative means, and specifically in the labor scope, the use of Arbitration as a means of resolving disputes in individual labor conflicts. The discussion begins with the difficulties of reaching an effective access to justice, among which is highlighted the excess of demands in the judiciary, and the importance of extrajudicial alternatives to solve such excess. It is also analyzed how the arbitration procedure is inserted in the current conjuncture of the system, considering that the most recent Labor Reform expressly authorized the use of arbitration to solve individual labor disputes, what are the advantages that this legislative change will bring in the field as well as what are the opposing ideas of this institute. Thus, through the exposition about the arbitration procedure, it was possible to evaluate that the application of arbitration as an alternative method in the resolution of individual labor disputes, in addition to being very well received in our legal system, is totally legal and constitutional and overcomes its main obstacle: the unavailability of individual labor rights. Finally, it was pointed out that although the use of arbitration in the context of conflicts of individual labor rights brings several advantages, since it is a legislative "innovation", there are still many challenges to be analyzed and solved so that the use of this institute does not harm the employee and does not violate labor principles.