Navegando por Autor "Moreira, Allan Gomes"

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A burocracia previdenciária e a constituição da previdência social como política pública no Brasil
(Centro Universitário do Estado do Pará, 2016) Moreira, Allan Gomes; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Maués, Antônio Gomes Moreira; http://lattes.cnpq.br/5100632338260364; Brito Filho, José Claudio Monteiro de; http://lattes.cnpq.br/7823839335142794
The mandatory regimes of social security in Brazil are characterized by the inequality when it comes to social protection. This inequality is constitutionally represented by two diverse regimes. The first one is called “Regime Próprio de Previdência Social” – RPPS. It is exclusively intended to the public service employee. The second one is called “Regime Geral de Previdência Social – RGPS”. It is intended to all the other categories of employees in the private initiative. There is an asymmetry in the benefit plan offered by both regimes when it comes to the payment of advantageous benefits to public service employees as well as their method of costing that socializes with the costs of such benefits. Although this asymmetry is obvious, the differentiations contained in the social protection of both regimes are unaffected by the clause of isonomy protection which is part of the federal constitution of 1988. The goal of this paper is to investigate what is behind the discourse that tries to institutionalize distinct social protections between the private and public employees. This is happening under the perspective of the action of a specific branch of the public bureaucracy: the bureaucrats of the “Instituto de Previdência dos Industriários” – IAPI. They are called “Inapiários”. We will be investigating the way of acting of this bureaucratic branch through bibliographic research. We will also investigate the condition that resulted at some point in a space of power that allowed the formation of a bureaucratic identity. From that identity, the IAPI developed an objective, auto-interested and autonomous action in the technical and political plan. The result of that was the constitutionalization of distinct social systems due to the principle of differentiation and specialty. That led to a diversification of the social protection as a public policy between those who make social policy and those who are part of it. Aside from the materialization of several regimes between different employees in the own text of the Magna Carta, we will point out that the own constitutional and social reforms keep and assure this situation of differentiation, becoming just apparent reforms. These reforms are elaborated and defended by the premise of approximation between the regimes and the end of the special treatment given to the public service employees, when it comes to social aspects. Finally, the asymmetry in the social protection between public and private employees is a discourse that became institutionalized in the constitutional plan. In spite of all the social reforms, this discourse keeps going, reinforcing the principle of the differentiation and specialty as well as the asymmetry of the public policies of social protection.
A inconstitucionalidade do Art. 791-A, §4 da CLT e os seus reflexos pós-reforma trabalhista
(Centro Universitário do Estado do Pará, 2020) Vieira, Giovanna Brasil; Moura, Raynara Lauana de Oliveira; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
The advent of labor reform has brought about a lot of change in labor legislation, including a debate on the constitutionality of 791-A, §4, which it has useful. The aforementioned article deals with the payment of the succumbent fees by the succumbing party, even though this beneficiary of the justice is free, the payment being suspended until it is proven that the conditions of the beneficiary have been changed or that he has resources in a different process. This restriction ended up causing fear the workers who own it have suffered from suffering economic suppression when seeking their rights, thus clashing with the principle of access to justice and full and free assistance.
A inconstitucionalidade do artigo 6º da Emenda Constitucional nº 103/2019
(Centro Universitário do Estado do Pará, 2022) Neves, Ana Luiza Oliveira; Porto, Juliana Vitoria Feliciano Docusse; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
The present research carries out a study of a theoretical nature, based on bibliographic and documentary research, regarding article 6th of the constitutional amendment nº 103/2019. The objective of analyzing the constitutional provision that prohibits the cumulation of the retirement receipt in the general regime of social security with the receipt of salary in public employment, thus automatically breaking the employment relationship that gives rise to retirement, in the light of its constitutionality. It is concluded that the prohibition proposed in article 6th of the aforementioned amendment is unconstitutional because it contradicts the jurisprudence of the Federal Supreme Court and the principles that govern labor law and social security
“A noite não adormece nos olhos das mulheres”: capitalismo e necropolítica as condicionam à volta aos lares
(Centro Universitário do Estado do Pará, 2022) Pereira, Tainah Fernandes; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
The logic of women's work always conditions them to return to their homes. This study discusses the importance of the female presence for the development of the labor market in capitalist countries such as Brazil. Therefore, this article analyzes protective legislation for women under labor law and how the passage of these laws was a way for the State to reverse the legal informal conditions imposed on female labor. The data used for analysis are from the Brazilian Institute of Geography and Statistics (IBGE) in the National Household Sample Survey (Pnad), from 2019 to 2022. Moreover, the study recalls the perspective of necropolitics in the historiography of political movements for women, providing determinant guidelines for understanding the strength of the national female workforce inside and outside their homes.After this stage, the study concludes that there is a real need to guarantee equal rights for women in the exercise of the
Análise crítica acerca da capacidade para enfrentamento de momentos excepcionais da Legislação Trabalhista Brasileira
(Centro Universitário do Estado do Pará, 2022) Costa; Souza, Rafael Santos de; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
This article seeks to analyze the Brazilian labor legislation in force at the time the covid-19 pandemic began, to find out if it provided subsidies for facing the consequences caused by the virus in labor relations, in the face of the serious context of economic crisis. Likewise, it seeks to briefly examine some emergency measures adopted by the Federal Government to contain the impacts of the virus on the economy, as well as critically analyze whether these were necessary. The sources of the methodology used were research on doctrine, scientific articles, legislation and Brazilian jurisprudence. The conclusion of the study is that Brazil does not have effective and structuring legislation for exceptional moments, always resorting to case-by-case measures, in the way that occurred in the treatment of the pandemic.
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.
Uma análise jurisprudencial acerca do benefício assistencial ao deficiente: a efetivação da convenção sobre os direitos das pessoas com deficiência
(Centro Universitário do Estado do Pará, 2018-06-22) El Robrini, Gabriela Santos; Moreira, Allan Gomes; Bessa, Eli Meneses
The assistencial benefit to the disabled, constitutionally fixed, has suffered changes, which were largely caused by the Convention on the Rights of Persons with Disabilities, signed in New York, bringing new forms of disability recognition and effectiveness to the assistance in Brazil. Therefore, the present research aimed to verify if the mentioned international treaty has been effectively incorporated internally. For that, the systematic and deductive method was used, since it integrated the dialogue between national norms and those of the international frame, using normative, doctrinal and jurisprudential research. The debate involved the legislative changes and, at the same time, examined the validity of the judicial decisions coming from the National Court of Uniformization and the Federal Regional Courts of the country, regarding the constitutionalized human rights. It was perceived a great evolution, both through the precedents edited by the National Court of Uniformization, which show the spirit brought by the international convention and the use of the Statute of the Person with Disabilities, including the recognition of the constitutionalisation of human rights evidenced by the international treaty. However, it was possible to note that many judicial bodies are still moving away from the new model of human rights for the identification of disability, distorting the goals embraced by the Brazilian State when regulating the institute and assuming responsibilities before international law, falling short on the application of the open concept of disability for BPCLOAS concession.
Aplicação do benefício de prestação continuada para portadores HIV/AIDS no Estado do Pará
(Centro Universitário do Estado do Pará, 2019-05-31) Oliveira, Ruth Rafaela Reis de; Bessa, Eli Meneses; http://lattes.cnpq.br/5777497390531267; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
This work had as objective the application of the copyright law in infraconstitutional laws with regard to the idea of social security, there is no assistance in the treatment of seroreagents in a health unit in the State of Pará. The treatment of a monograph, that is , a bibliographic description of HIV / AIDS patients has provided information about the patterns that are found after diagnosis within the Brazilian state, with accuracy to BPC / LOAS. In this research, we made an e-mail between the social and social security forms and the information contained in this form.
Aposentadoria rural: prova da condição do segurado especial perante a previdência social e o alto número de indeferimentos pelo INSS
(Centro Universitário do Estado do Pará, 2020) Martins, Mariana Gouvêa; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
This article aims to clarify what are the requirements of the so-called special insured, these who are rural workers in a family regime, with regard to the probative production to face the repeated negative by the INSS to the presented requirements. Firstly, the article situates the social security debate with a focus on social security and its respective benefits, based on that in order to understand the requirements foreseen in the law to be able to develop new hypotheses for producing evidence to be produced by the insured when requesting the retirement.
Os critérios de quantificação do dano moral segundo o TST e a (in)constitucionalidade do parâmetro adotado pela reforma trabalhista
(Centro Universitário do Estado do Pará, 2018-12-18) Lima, Hugo Silva Pereira de; Moreira, Allan Gomes; Pereira, Emília de Fátima da Silva Farinha
The present study aimed at analyzing the criteria used by the Superior Labour Court (SLC) in order to establish an amount for compensations for moral damage held within the workplace. Moreover, a contrast is suggested between such criteria and those adopted by the Act N. 13.467/2017 (Labour Reform) which implemented a new reference based on the wage earned by the injured in order to quantify labour moral damage. Structurally, this study begins by analyzing moral damage and its conceptualization, and explores the characteristics of civil responsibility of the injured before the offense as well as how the damage can be verified. Furthermore, a counterpoint is made between the given damage and labour Law noting how the latter observes the former in the labour field. Next, this study analyzes the criteria for establishing the quantum to be paid to compensate the moral damage in our legal system. At last, the constitutionality of changes in the criteria was analyzed in the light of the Labour Reform as well as whether this new reference will be used or not in Labour Law.
O fenômeno da uberização: a (in)existência de vínculo empregatício e a precarização dos direitos trabalhistas
(Centro Universitário do Estado do Pará, 2020) Ono, Alexandra Keiko de Oliveira; Freire, Beatriz Nayana Rocha; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
This article aims to analyze the phenomenon of “uberization” and the consequent precariousness of the workforce on digital platforms. The main factor is the lack of employment relationship between the app and its colaborators. Technological innovations brought by digital platforms, in spite of its benefits (facilitating access to urban mobility and real-time information), on the other hand, institute a new form of job insecurity, which is masked by the “autonomy” of drivers, often called “self-management”. The present article has a theoretical character and consists on a bibliographic and documentary research that will analyze, in both national and international level, judicial decisions about the subject, to support the arguments presented, using the hypothetical-deductive method. First, it explains the concept of uberization. In a second topic, the (non) existence of the employment relationship in labor relationships and discusses the theory of parasubordination. In a third topic, the precariousness of work as a consequence of the phenomenon of uberization will be analyzed and, then it analyzes the intensification of this phenomenon in the Pandemic of Covid-19. In the last topic, a comparative study of national and international decisions and laws on the topic will be made. Finally, to demonstrate the need to reformulate the legal concept of subordination, traditionally used, as well as the urgency that Brazil has in defining the jurisdictional competence to judge such demands and to elaborate specific laws for these relationships.
Os elementos indispensáveis à tipificação do direito à desconexão no Brasil
(Centro Universitário do Estado do Pará, 2023) Moraes Júnior, José Carlos Freitas; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
This article addresses the Right to Disconnect, an emerging theme in the face of digital transformations and remote work. The study examines the evolution of work, Brazilian legislation, including labor reform, and the influence of the pandemic on the labor context. The research investigates the normative framework, highlighting the non-ratification of ILO (International Labour Organization) Convention 177 and the absence of specific legislation for the Right to Disconnect. Adopting a critical approach, the analysis explores jurisprudence to understand the practical application of this right. The methodology involves a literature review using primary and secondary sources, as well as jurisprudential research. It is concluded that, although essential, the Right to Disconnect lacks clear legal support, necessitating more effective measures.
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.
Racismo, tecnologia e as relações de trabalho: a responsabilidade pré-contratual dos empregadores nos processos seletivos automatizados
(Centro Universitário do Estado do Pará, 2023) Saldanha Filho, Cezar Emílio de Carvalho; Gentil, Juliana Garcia; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
The present article will develop analyzes about structural racism of work relationships, questioning racial discrimination practices that are still illegally practiced in an institutional and systemic way. The purpose of this essay must also be highlighted as the consideration of studies regarding the pre-contractual phases and their consequent responsibilities on the part of employers, based on studies, statistics, normative collections and legal regulations, using these as a combat instrument to the continuous nature of racist practice and the impacts arising from it.
Trabalho infantil: uma análise sob o aspecto do princípio da proteção integral
(Centro Universitário do Estado do Pará, 2022) Dias , Matheus Barbosa; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
The present work aims to study the Principle of Integral Protection related to child labor. The study is justified taking into account that there is still a high rate of children and adolescents being exposed to informal and unregulated work in Brazilian society, and the exploitation of child labor is still a problem. Thus, the work is supported by national legislation, especially the Principle of Integral Protection, as well as works by renowned authors in the doctrine. The methodology used in the study is empirical bibliographic documentary research. Thus, it is concluded that the Principle of Integral Protection is of extreme importance and the task of promoting the rights of children and adolescents is not easy, and the Principle of integral protection is to guarantee these rights, as well as ensuring the responsibilities of the State, family, and society in general, in the protection of children and adolescents, however, it is not fulfilled in its totality.
A valoração do início de prova material da atividade campesina
(Centro Universitário do Estado do Pará, 2018-06-20) Silva, Carlos Eduardo Alves da; Moreira, Allan Gomes; Chaves, Krystima Karem Oliveira
The objective of this study was to analyze the reason why the jurisprudential positions has been so divergent about the qualification of the probative set as a "beginning of material proof". It was a monograph, coming from a bibliographical research of description of the doctrinal, legislative and jurisprudential positions on the proposed subject. On the other hand, in order to apply the results of the bibliographical research, we sought to analyze empirically the case law of the Federal Court of Appeals PA / AP. aiming identify the parameters used by magistrates in the assessment of evidence. To fulfill this purpose, some sources of information have been used, especially the books, scientific articles and sites that use jurisprudence. In this research, we analyzed the origin of the “Segurado Especial”, listing the specific points that shape this work regime, the particularities related to their access to the Social Security Benefits Plan, as well as, the proof of the pertinent requirements to quality of insured person and the respective lack, this is because, the specific rule of this kind of insured has different methods from the others insured of the General Social Security System. From then on, the jurisprudential analysis was compared, comparing the understandings adopted by the Court of Appeals PA/AP, in relation to the understandings of the higher courts, such as STJ and TNU. Finally, it has been shown that contrary to what is established by law, judges have been giving much more importance to documentary evidence, to the detriment of testimonial evidence, which should be the key point of probationary evidence. On the other hand, there was a recurrence of chronic problems related to trial pricing by case law and the creation of a stereotype about the “Segurado Especial”, which does not comply with the relevant legislation, so a significant number of judicial decisions are based on arguments often authorities that disregard the legal relationship of this worker.
Violações ao direito à desconexão: uma análise jurisprudencial
(Centro Universitário do Estado do Pará, 2023) Sherring , Isabel Fernandes; Porto, Marcela Proença; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
This article aims to analyze the impacts that insufficient classification in Brazilian labor legislation has on the life of teleworkers. With technological advances, teleworking is expanding more and more, as it brings with it advantages that make this model different from traditional work models, such as flexible working hours. However, this flexibility causes harm to the employee, given the non-compliance with the worker's right to disconnect. The issue of this article raises the following question: how is the right to disconnect when teleworking is currently applied in Brazil to protect the physical and mental health of teleworkers? To resolve the problem, the method of research and bibliographic analysis and jurisprudence of the Regional Labor Courts was used. At the end of the article, it is concluded that the absence of laws that qualify the right to disconnection as a fundamental right of the worker, leads to precarious work, and an increase in exposure to mental and physical illnesses following excessive work linked to pressure for employer part. Therefore, it is necessary to debate the rules for this regime, with the aim of understanding how precariousness manifests itself through the use of this type of work, or even understanding whether it is, in itself, a form of precariousness.