Navegando por Assunto "Direito comparado"

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A forma de indicação e nomeação de ministros para o Supremo Tribunal Federal: estudo comparado em busca de um modelo ideal
(Centro Universitário do Estado do Pará, 2021) Souza Júnior, Cristhian Karlo Quintela de; Costa, Lucas Garcia Campos; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478
The objective of this academic research is to analyze the current model of appointment and nominations of Ministers of the Brazilian Supreme Federal Court, given that, over the years, right and left parties end up nominating people to safeguard their own interests or beliefs, which it can end up colliding with legal certainty, with impartiality and, especially, with the satisfaction of the public interest and with republican ideals. Presidential nominations have proven to be merely subjective and not very technical. Through a comparative study that uses as reference other models of Supreme Courts and Constitutional Courts and a doctrinal and historical analysis of the current model, it is concluded that there is a need to change to an ideal model by PEC - Proposed Amendment to the Constitution -, which safeguards a coherent and technical composition of the STF and the participation of other powers in the choices of Ministers.
A previdência social e a organização neoliberal do mercado de trabalho: a perspectiva brasileira e uma comparação com o México
(Centro Universitário do Estado do Pará, 2023-09-04) Martins Bisneto, Evandro Borges; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Menezes, Daniel Francisco Nagão; http://lattes.cnpq.br/4101655062938301; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769
How do the neoliberal changes observed in the Brazilian labor market impact the model of social security constitutionally adopted in the country? This is the central question of this dissertation, which has the general objective of understanding how the neoliberal changes observed in the Brazilian labor market impact the constitutionally adopted model of social security in the country. The hypothesis for the problem is that the neoliberal changes in the organization of the labor market produce a high degree of informality and, with that, undermine the current protective and financial social security logic. To develop the research, a predominantly qualitative approach was adopted, of an applied nature, with descriptive objectives and bibliographic and documentary procedures, and also with the aid of the science of Comparative Law, using, in its sphere of research, the comparative method of functional type, complemented by the contextualized and historical type, by the modality of microcomparison between the social security systems of Brazil and Mexico, justifying this country being compared because there is similarity and convergence of the problematic and resolving functionality, respectively. The analysis is divided into three sections, which make up the specific objectives of this research. The first proposes to analyze social security as a constitutional instrument of social protection and its current situation in the face of the crisis culture. The second seeks to understand neoliberal rationality with impacts in the labor market and its implications for social security, especially in view of the increase in informal work. The third aims to seek a reflective critique of the situation studied by looking at the Mexican social security system, through Comparative Law. In final considerations, the hypothesis is reflexively confirmed that the neoliberal changes in the organization of the labor market produce a high level of informality and that, with this, undermine the current protective and financial social security logics, finding in Comparative Law some inspirations for alternatives to the impasse, but, above all, paths not to be taken.