Navegando por Assunto "Direito do Trabalho"

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O acesso à justiça e as modalidades de resolução de conflitos inseridos pela reforma trabalhista
(Centro Universitário do Estado do Pará, 2019-06-18) Cruciol, Geovana Manoela Braga; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943; Rodrigues, Vanessa Rocha Ferreira
This monograph deals with access to justice through the modalities of conflict resolution introduced by the labor reform. The main objective is to show how the labor reform protects these modalities and to demonstrate the capacity that these alternative means of conflict resolution have to encourage the judiciary to be the precursor of one of a faster and more efficient judicial service. The objective was also to verify the effectiveness of the institutes implemented with the labor reform in order to address the following question: The alternative means of conflict resolution implemented by Law 13467/17 are tools capable of granting access to justice with the objective legislator? In order to remedy this issue, this work was directed to explaining, based on the study of daily life and forensic practice, how these institutes are functioning in the judiciary, analyzing their impacts in relation to the inafasability of the jurisdiction. Finally, it was possible to conclude that, due to the lack of democratic deliberation of the legislative process of law 13467/17, the initial ideas proposed by the labor reform were not articulated in the way that they should be, generating new impasses in the labor justice due to the built barriers access to the judiciary.
Os critérios de quantificação do dano moral segundo o TST e a (in)constitucionalidade do parâmetro adotado pela reforma trabalhista
(Centro Universitário do Estado do Pará, 2018-12-18) Lima, Hugo Silva Pereira de; Moreira, Allan Gomes; Pereira, Emília de Fátima da Silva Farinha
The present study aimed at analyzing the criteria used by the Superior Labour Court (SLC) in order to establish an amount for compensations for moral damage held within the workplace. Moreover, a contrast is suggested between such criteria and those adopted by the Act N. 13.467/2017 (Labour Reform) which implemented a new reference based on the wage earned by the injured in order to quantify labour moral damage. Structurally, this study begins by analyzing moral damage and its conceptualization, and explores the characteristics of civil responsibility of the injured before the offense as well as how the damage can be verified. Furthermore, a counterpoint is made between the given damage and labour Law noting how the latter observes the former in the labour field. Next, this study analyzes the criteria for establishing the quantum to be paid to compensate the moral damage in our legal system. At last, the constitutionality of changes in the criteria was analyzed in the light of the Labour Reform as well as whether this new reference will be used or not in Labour Law.
Da (in)existência de relação de emprego entre a Uber e seus “motoristas parceiros”
(Centro Universitário do Estado do Pará, 2019-06-03) Saraiva, Raíssa Guerra; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769
This monograph aims to analyze the nature and the consequences of the relationship between the "partner drivers" and Uber, through an application. The general objective is to verify, considering the conditions under which the service is provided, the existence or not of employment relationship between UBER and its "partner drivers". For this, we understand how it was given to stories of labor relations; we also understand the requirements of the employment relationship in Brazil. We then investigate the operation of Uber and the idea of shared economy, in order to analyze the previous Ordinary Resource 1000123-89.2017.5.02.0038 and conclude by the (in) existence of the employment relationship between UBER and its partners drivers. The methodology adopted was the theoretical dogmatic bibliographical research and the consultation of Internet sites, being investigated the works of doctrinators and the jurisprudence of Labor Law and Constitutional Law.
Peculiaridades acerca do contrato de trabalho do jogador profissional de futebol no Brasil e suas devidas implicações jurídicas
(Centro Universitário do Estado do Pará, 2019-06-03) Maia, Victor Hugo Santana; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943
The main objective of this work is to make a detailed analysis of the peculiarities of the sports employment contract and its legal implications. It portrays the theme from the historical evolution of the emergence of football in Brazil, as well as its legislation, until the moment in which the sport and its practitioners are regulated as a profession, which is governed mainly by the special law No. 9.615 of March 24, 1998, better known as Pelé Law. The Sports Law is recognized by the Federal Constitution of 1988, so that it covers all, without exception. The sport that emerged as a diversion, with the passing of the years and the constant phenomenon of globalization, found extraordinary commercial land legal directions, of stratospheric salaries, becoming a profession with millions of athletes around the world. Faced with this exponential growth, there was a real need for a legal normalization, so that the employment relations, in this field, are regulated and their fulfilment is mandatory.
Reforma trabalhista: a relação do trabalho intermitente e a violação dos princípios no Direito do Trabalho
(Centro Universitário do Estado do Pará, 2019-06-03) Arouck, Rosilda do Socorro Cavalcante; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769
Law 13,467 / 2017, known as "labor reform" brought to the Labor Law several changes, where it is evident the creation of a new modality of labor contract: the intermittent contract. It is a model that occurs with a job link with flexible hours and salaries according to the employer's needs. The creation of this new modality undoubtedly generates a reflection developed in the chosen theme, Labor Reform: The relation of the intermittent work and the violation of the principles in the Right of the Work. The objective of this monograph is to make a study on the form that this modality of work violates the worker's rights consolidated in the federal Constitution and CLT. In this format, the study will analyze the inclusion of this new contract model and its implication in the preservation of some basic principles in the Law of the worker. The methodology used was the bibliographical research, analyzing several authors as:. The first chapter focused on labor law, with its origin and construction in other countries and its influence in Brazil, culminating the principles that guide it, both constitutional and infraconstitutional. The second chapter deals with the generality of the labor reform and the introduction of the intermittent contract, the main object of this study. The third chapter deals with legal insecurity in the intermittent work due to the controversies that Law 13467/2017 generated and all the post-valid changes. Finally, the last chapter deals with the violation of principles in the inclusion of this new modality of contract, relating important principles in this context and the consequences of this violation, answering the problem question and presenting possible interventions with the result obtained.