Navegando por Autor "Pinheiro, Shirley da Costa"

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    Poder judiciário trabalhista como uma exigência de justiça social à luz da teoria de John Rawls: uma abordagem a partir da realidade brasileira
    (Centro Universitário do Estado do Pará, 2020-07-06) Pinheiro, Shirley da Costa; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Freitas, Sérgio Henriques Zandona; http://lattes.cnpq.br/2720114652322968
    John Rawls' theory of justice as equity seeks to reconcile a theory of social justice with na institutional model. Based on this philosopher and given the conjectures surrounding the role and importance of the Labor Judiciary Power in Brazil, this research seeks to analyze whether this branch of the Judiciary constitutes a necessary institution in the basic structure of Brazilian society for the realization of social justice, in models of Rawlsian theory. Therefore, the research problem consists of investigating whether the Labor Judiciary Power constitutes a requirement of social justice before the Brazilian reality, in terms of John Rawls' theory of fair justice. For this, the work makes use of bibliographic and documentary research, through a qualitative approach and deductive method. First, Rawls' theory itself is examined, investigating whether it is dissociated from metaphysics and whether it can be applied in real societies. In the sequence, it focuses on the basic structure of the theory, with the investigation if the Judiciary is part of the basic institutions of the ideal theory and if Rawls elaborated na institutional design, in this basal structure, as an ideal of social justice. Then, an assessment is made of the legal scenario, national and international, in which the Labor Judiciary is inserted, with an examination of its current structure and the conditions of its installation. In the last part of the research, the Labor Judiciary Power is contextualized as a basic institution of Brazilian society, transporting Rawls' ideal theory to the Brazilian reality. Finally, it is concluded that the Labor Judiciary, with its judgments, constitutes an important institution for the realization of social justice, in face of the Brazilian reality, in terms of John Rawls' theory of justice as equity.