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Navegando Direito por Assunto "Acesso à justiça"

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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.
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    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.
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    O caso Olga Benário sob a Fórmula de Radbruch: uma análise jurídica
    (Centro Universitário do Estado do Pará, 2019-06-04) Todde, Monique Melo; Nascimento, Yúdice Randol Andrade; http://lattes.cnpq.br/2711805209472107; Alves, Verena Holanda de Mendonça; http://lattes.cnpq.br/6473788796313910
    The present case study deals with various themes, all of them linked in a philosophical concept corresponding to a main theoretical reference. The main idea came from the knowledge and acess to the full content of the Habeas Corpus n° 26.155/1936 – Case Olga Benário, in diligences next to the File Section of Coordination of Document Management and Institutional Memory of Federal Supreme Court, wich is attached to this work. The work was, in essence, directed to the letter that corresponds to “Five Minutes of Legal Philosophy”, a circular that Gustav Radbruch addressed to the Heidelberg University academics, published in the edition of september 12, 1945. The effective concept of justice is discussed, the historical background linked to the theoretical reference and if the case was judge correctly back them, or whether it could be done otherwise. The concept of Access to Justice in a context of clear regime of exception in the face of the historical aspects that guided the trial and its due circumstances, is a striking feature of this extremely controversial theme for his time, mainly due to the jurisdictional burden conferred by the STF. For finish, the question will be respond by the premise that unjust law is not law. The goverment of Getúlio Vargas complied the law, treating the judgment of Olga Benario as unilateral, so that it will be argued that justice did not occur in this trial.
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    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.