Navegando por Assunto "Dano extrapatrimonial"

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    A teoria do desvio produtivo do consumidor como instituto compensatório da relação de consumo
    (Centro Universitário do Estado do Pará, 2020) Ferreira, Leonardo Batista; Sousa, Rodolfo Cardoso; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138
    The present work intends to demonstrate how the judiciary has been meeting the consumerist demands regarding the abuses that cause the consumer's productive deviation. Thus, it will be demonstrated the interim of decisions, which adopt or not, based on a recent perspective brought to Brazil, the theory listed by Marcos Dessaune of the Deviation of the Consumer's Productive Resources, in like manner, it will be discussed the evolution of national judgments on the subject. In this context, it seeks to solve the problem of how the judiciary has attributed to judicial demands the framework of the theme to corroborate the thesis of compensation for the loss of the consumer's time? Therefore, in order to develop the solution of the research intended here, the qualitative method was adopted, as to the objectives, the exploratory method was chosen, all from an analysis based on the procedure of the bibliographic survey. Therefore, it is essential to make the proper examination of the problem in question so that it stimulates the propagation of a more protectionist ideal, on the part of jurists and defenders of the law, regarding the existential time of the hypossufficient individual consumer inserted in contemporary society.
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    Acidente de trabalho e indenização por dano extrapatrimonial: um estudo do posicionamento do TRT-8 a partir do incidente de arguição de inconstitucionalidade nº 216
    (Centro Universitário do Estado do Pará, 2022) Queiroz, Fabiana Sabino Cebolão; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537
    The present dissertation proposes to analyze the current position of the Regional Labor Court of the 8th Region (TRT/8) in relation to indemnities for off-balance sheet damages resulting from work accidents. Thus, the objective is to investigate the theoretical and factual elements that are being used to obtain the indemnity quantum attributed in these reparatory actions, especially after the judgment by the Plenary of the Civil Unconstitutionality Claim no 216. unconstitutionality of items I to IV, of §1, of art. 223-G, CLT. Methodologically, it is an empirical-analytical, descriptive and exploratory approach, in which the conclusions will be extracted from the information that will be evidenced when analyzing the jurisprudence of the TRT/8, in order to reach the objective that motivated the present research. In order to achieve the objective of the present work, it is necessary to structure it in four parts. First, a delimitation and contextualization of the work accident in Brazil will be carried out; later, worker protection as a constitutional right will be addressed, an opportunity in which the multidisciplinary impacts of the work accident will be discussed, both on the worker's life and on life in society; afterwards, the jurisprudential understanding of the TRT/8 will be investigated, with the delimitation after the incident of the Claim of Unconstitutionality; and, finally, present the final considerations of the research.