Navegando por Assunto "Ambiente de trabalho"

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A necessidade de regulamentação do direito à desconexão no ordenamento jurídico brasileiro: a utilização, como parâmetros, das legislações portuguesa e francesa
(Centro Universitário do Estado do Pará, 2024) Moreira, Larissa Cavalcante; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Mesquita, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567
The present study aims to analyze the need for regulation of the right to disconnect for workers in the Brazilian legal system, starting from a Marxist perspective, according to which true human freedom begins with the reduction of working hours, a fundamental condition for employees to autonomously enjoy leisure time. As a hypothesis, it is argued that Portuguese and French legislations represent advancements in regulating the right to disconnect, particularly through establishing conditions via collective bargaining, which could serve as benchmarks for regulation in the Brazilian legal system. The choice to analyze these legislations is justified by the fact that French and Portuguese rights are part of the Roman-Germanic family, akin to Brazilian law, with significant similarities between the systems and notable progress in regulation on this issue. To achieve this objective, the study investigates the essentiality of non-working time for humans, based on historical struggles for reduced working hours; highlights key norms regarding the right to disconnect in Portuguese and French legislations; discusses the current state of the art of the right to disconnect in the Brazilian legal system; and examines the possibility of using Portuguese and French legislations as benchmarks. The methodology employed includes bibliographic research, focusing on legal books, publications, journals, and reports to provide theoretical support, as well as an analysis of jurisprudence from the Superior Labor Court on the matter. Additionally, a qualitative approach was taken to quantify the number of judgments rendered by the Court between 2018 and 2023, systematizing them into a database to analyze the arguments put forth by respective panels, totaling 102 judgments by the end of 2023 directly related to violations of the right to disconnect due to excessive working hours. The Brazilian legal system requires more robust legislation concerning the right to disconnect, drawing inspiration from French and Portuguese laws to create its own policies that ensure the right to disconnect, tailored to the Brazilian reality and labor market.
Meio ambiente do trabalho hígido: aspecto necessário para configuração do trabalho docente
(Centro Universitário do Estado do Pará, 2020-08) Quaresma, Nágila de Jesus de Oliveira; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Teixeira, Sérgio Torres; http://lattes.cnpq.br/5251373969908944
The present research has as general objective to analyze the correlation between work environment and decent work, in order to overcome limiting definitions and to demonstrate that the separation of concepts is not feasible. Specifically, we seek to investigate how restrictive concepts of the environment and decent work make it impossible to guarantee decent working conditions; to define which are the minimum indispensable conditions, with a view to the precaution / prevention principles, which must be present in the work environment, for the configuration of decent work, so that its concepts are expanded; and, also, to verify how the quality of the work environment affects the expansion of human capacities. The research problem consists of investigating how environmental working conditions are capable of interfering in the configuration of decent work and, consequently, in the dignity of the worker for the development of his personal aptitudes. In order to fulfill the task, the methodology that analyzes the legal treatment of the work environment will be used, as well as the framework of the work carried out under conditions that preserve human dignity. The main theoretical references, in the philosophical plane, are the teachings of Imannuel Kant, Amartya Sen, John Rawls and Ronald Dworkin and, in the legal plane, the studies of José Claudio Monteiro de Brito, Júlio César de Sá da Rocha, Raimundo Simão de Melo and Ney Maranhão. The research to be developed is substantially dogmatic, doctrinal and legislative, because although it will not be neglected from the historical and sociological reasons, pertaining to the way in which the service provision of workers is carried out and the respective impacts, the main objectives are to identify in the legal, normative and doctrinal plans the treatment given to the work environment and decent work, in order to influence the lives of workers.
O adicional de risco do trabalhador portuário avulso após a decisão do tema 222 do STF: uma análise jurídica diante da interpretação diversa dada pelas turmas do TRT- 8
(Centro Universitário do Estado do Pará, 2024) Oliveira, Lucas Arrais; Prieto, Diego Rodrigues; Santos, Carlos Alberto Valcácio dos; http://lattes.cnpq.br/5870111126587194
This scientific article aims to demonstrate that the Additional Risk will only be due to Casual Port Workers if the requirements established by Theme 222 of the STF are respected, that is, there must be payment for the worker with a permanent contract and the worker One-time employee must be in the same conditions as the employee with a permanent contract who receives the aforementioned additional payment. It is correct that in the application of this topic, some classes of the Egrégio Regional Labor Court of the 8th Region were decided to automatically apply the additional fee. Initially, it will be contextualized on the actions of OGMO, the independent port worker and the risk premium. After that, we will deal with the legal and principle analysis linked to the judgment of Extraordinary Appeal 597.124 that gave rise to understanding 222 of the STF. Subsequently, the inapplicability of the automatic risk premium for TRT-8 Classes will be demonstrated.
O licenciamento socioambiental trabalhista como instrumento do desenvolvimento sustentável nos grandes projetos na Amazônia: o caso de Belo Monte
(Centro Universitário do Estado do Pará, 2020-04-27) Fernandes, Vanilson Rodrigues; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Maranhão, Ney Stany Moraes; http://lattes.cnpq.br/5894619075517595
This dissertation has as objective the investigation whether the current pattern of environmental licensing, especially on the large projects in the Amazon, contemplates aspects of the workplace, from the perspective of the 1988 Federal Constitution and on the spotlight of the ideal sustainable development. The present development model of the Region, the Brazilian environmental protection system and the Preliminary Environmental Impact Study and the Environmental Impact Report (PEIS/EIR) will be analyzed. There will be na examination from the PEIS/EIR review about Belo Monte Hydroelectric and the labor uprisings, that happened there, if that documents contemplated the impacts due to labor relationships. Facing the proposed problem will require an analysis of the concept of sustainable development under its socio-labor bias, with an emphasis on the workplace. That work intends to contribute to the improvement of enviromental licensing, especially into big constructions at the Amazon, on the moment that Brazilian Congress is discussing about create a general law for the matter, so that the procedure contemplates the workplace as na apect of the general enviroment. The research developed is theoretical, with a qualitative approach and the methodology adopted is the literature review.