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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.
Discurso de ódio nas redes sociais e responsabilidade civil: possibilidade de sanções extra pecuniárias para a ampla reparação da vítima
(Centro Universitário do Estado do Pará, 2024) Medeiros, Enzo Augusto Gonçalves; Silva, Ivan Gabriel Paiva da; Bonna, Alexandre Pereira; http://lattes.cnpq.br/2997791932118215
The present article aims to research the analysis of personality damage caused by hate speech on social media and to seek other means of sanction for its reparation beyond pecuniary restitution, as the application of the latter is not sufficient to fully repair the damagesuffered. The goal is to produce a critical analysis of issues such as civil liability related to freedom of expression, as well as its limits. Regarding the methodology used, it will be classified as descriptive, as it aims to describe how preventive civil liability can be used as a mechanism to curb the practice of such speech. This study will be conducted through bibliographic research in books, articles, websites, etc. It also aims to analyze how hate speech is closely related to moral damage and how it can be held accountable through appropriate conflict resolution mechanisms, in addition to other forms of damage reparation beyond monetary compensation. In summary, regarding the research results, we conclude that the effectiveness of civil liability depends on the adoption of mechanisms that seek to restore the victim to the status quo prior to the damage, going beyond simple monetary compensation. However, the existing obstacles on this topic often prevent the expected results from being properly achieved. Finally, to overcome the presented challenges, it is essential to explore options such as the creation of explicit legal provisions or binding jurisprudence.