Navegando por Assunto "Contratos"

Agora exibindo 1 - 3 de 3

A eficiência econômica dos princípios do direito contratual brasileiro: uma abordagem crítica sob a ótica da análise econômica do direito
(Centro Universitário do Estado do Pará, 2019-03-12) Azevedo, Miguel Gomes de; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460; Leal, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902
The present study proposes to make a critical analysis about the doctrinal principles of Brazilian contractual law through the bases established by the Economic Analysis of Law - AED and the premises set forth by the AED Contractual, in order to discover if the principles and, consequently, the branch itself is economically efficient with regard to environmental protection. It is understood that the contractual right when coated with great efficiency can be seen as an instrument of more protection for the environment. That is, the central axis of the present research is the negative externality generated by the contracts, which reduces the economic surplus of the exchange, making it economically inefficient. To answer the questioning, the present study is divided into three chapters. At the outset, the basic foundations and concepts of AED, according to Richard Posner, are established: rationality, efficiency and value. Finishing with the clarification about the positive and normative conceptions of AED. The second chapter seeks to understand how the concepts presented in the first chapter apply to Contractual Law, being the so-called Economic Analysis of Contractual Law. Thus establishing market failures, which are factors that push the market away from maximum economic efficiency and in what way the Law can mitigate them, being itself a factor of economic efficiency. In this second chapter the understanding is exposed when the exchanges are economically efficient, that is, when they generate na economic surplus. It also demonstrates the conceptualization of negative externalities and how they affect this economic surplus. Finally, in the third and last chapter, a study is made of the contractual principles established by civilian doctrine in Brazil, so as to be able to analyze their respective economic functions and to conclude whether or not the branch under study with regard to externalities is efficient. It is, therefore, a study that aims to analyze the extent to which Brazilian contractual law is economically efficient through an investigation of its doctrinal principles and their relationship with market failures, especially when speaking of externalities. The methodology used is eminently theoretical and doctrinal using a national and international bibliographical survey, with the purpose of concluding the economic efficiency or inefficiency of the Brazilian contractual law with the axis in the contractual externalities.
Os requisitos de validade do negócio jurídico nos contratos eletrônicos: uma análise a partir da jurisprudência do Superior Tribunal de Justiça
(Centro Universitário do Estado do Pará, 2023) Menezes, Dionísio Matheus Reis; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460
The advent of the digital era and rapid technological evolution have significantly altered the dynamics of legal business, with electronic contracts standing out as a central element of this transformation. As they are formalized instruments in the digital environment, a range of legal questions arise regarding the singularities of this business model and its compatibility with traditional legal business models, as stated in the Civil Code of 2002. In the meantime, the present work aims to analyze the legitimacy of electronic contracts in the national legal system, verifying their consonance with the infraconstitutional norms regarding Contract Law and the jurisprudence of the Superior Court of Justice (STJ) in the last five years. Methodologically, the research started from a hypothetical-deductive perspective, with qualitative approach, and focused on bibliographical, documentary and case study procedures, specifically normative acts, judgments of the STJ and specialized doctrine regarding contract law.
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.