Navegando por Assunto "Direito do Trabalho"

Agora exibindo 1 - 15 de 15

A inconstitucionalidade do Art. 791-A, §4 da CLT e os seus reflexos pós-reforma trabalhista
(Centro Universitário do Estado do Pará, 2020) Vieira, Giovanna Brasil; Moura, Raynara Lauana de Oliveira; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
The advent of labor reform has brought about a lot of change in labor legislation, including a debate on the constitutionality of 791-A, §4, which it has useful. The aforementioned article deals with the payment of the succumbent fees by the succumbing party, even though this beneficiary of the justice is free, the payment being suspended until it is proven that the conditions of the beneficiary have been changed or that he has resources in a different process. This restriction ended up causing fear the workers who own it have suffered from suffering economic suppression when seeking their rights, thus clashing with the principle of access to justice and full and free assistance.
A integração do programa de compliance à CIPA e à Lei nº 14.457/2022 como ferramenta para mitigar os casos de assédio no ambiente de trabalho
(Centro Universitário do Estado do Pará, 2023) Duarte, Jaqueline Farias de Melo; Silva, Walquiria Pinheiro da; Ramalho, Amanda Maia; http://lattes.cnpq.br/5447190229339912
The study looks at the innovative integration of compliance with CIPA and Law 14.457/22 to prevent accidents and combat harassment in the workplace. It highlights the need for a systemic approach, challenging the fragmented view and finally proposing unified strategies. The central question guides the research into how compliance can be integrated to promote a 2 safe environment. The methodology is exploratory, also involving a literature review. Laws suggest effective integration to reduce harassment and accidents, while compliance is seen as promoting ethics. The study seeks to shed light on the intersection between compliance, CIPA and Law 14.457/22, highlighting their positive impact on work environments.
A tutela do direito à desconexão e o teletrabalho: circunstâncias e reflexos à saúde do trabalhador
(Centro Universitário do Estado do Pará, 2023) Picanço, Ariane Trajano Silva Viégas; Pereira, José Marcos Gonçalves; Pereira, Emília de Fátima da Silva Farinha; http://lattes.cnpq.br/1293396275281875
The ebullition of new technologies has allowed innovation in the workplace, including efficiencies unthinkable for previous generations. The era of smartphones, tablets and notebooks has ensured the execution of tasks without the need for the wear and tear of physical displacement and facing barriers along the way from home to the company headquarters. However, being always online to meet goals has been enhanced to a worrying level all over the world, especially in Brazil. The right to disconnection still does not have a specific legislation in our legal system, making it difficult to preserve the worker's health. It is not only by having a chair and access to the Internet that the employee will deliver productivity, even less will keep his health in good condition if he persists in this pace. Therefore, this paper aims to analyze the protection of the right to disconnection from the reflexes to the worker's health inserted in the regime of telework, starting from the problem of hyperconnectivity, describing the existing policies in France and, finally, exploring both the physical and psychological effects caused to workers. Because the phenomenon is still under development, the research has an exploratory character; qualitative, since it starts from an interpretation of the link between the right to disconnection and the consequences to health, besides being a bibliographical research in academic articles and national and international legislations. The research results in theunderstanding that Brazil still lacks progress in relation to the theme, in order to mitigate the consequences to the health of the teleworker.
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.
Direito à desconexão e a Síndrome de Burnout: uma questão de saúde mental
(Centro Universitário do Estado do Pará, 2023) Lobato Neto, Irval de Menezes; Moreira, Lia Di Karla Tavares; Cruz, Edson Junior Silva da; http://lattes.cnpq.br/0227617708373838
In recent years, it has become increasingly important to study and debate issues that negatively affect the mental health of individuals in different aspects of life. Among these areas is the work environment, in which the subject spends a good part of his days exercising his work and from which he must have the right to disconnect at the end of the day. However, with the development of technology and the liquidity with which social changes began to occur, several professionals had to adapt to a form of digital work, in which the separation between workday and rest was extremely impaired. This excess of hours beyond the contractual one, linked to always being committed to the service, triggered an increase in the rates of mental illness among workers. In this sense, the present work aims to address the importance of ensuring employee protection and their right to disconnect from the work environment, in order to ensure care for their mental health.
Necessidade de colegialidade da decisão adminstrativa em sede recursal como meio de garantir o princípio constitucional do devido processo legal no âmbito do processo administrativo do trabalho
(Centro Universitário do Estado do Pará, 2020) Moraes, Pietra do Nascimento Bastos; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943
The article will address the incidence of the constitutional principle of due legal process within the administrative labor process, specifically analyzing the judgment of appeals for labor infraction notices by civil servants of equal career and competence to the agent who drafted the term of the infraction. Thereby, inquiring to what extent the judgment of the administrative appeal of an infraction notice by a public servant of the same career to the agent who drafted the term respects the principle of due process. To this end, we discuss the principle of due legal process, the application of due legal process in administrative processes and its importance for the maintenance of fundamental rights and protection against possible abuses by the State.
O direito a saúde mental como garantia fundamental do trabalhador
(Centro Universitário do Estado do Pará, 2020) Medeiros, Anna Julia Muricy de; Cabral, Ana Carolina Marinho; Pereira, Emília de Fátima da Silva Farinha
This article aims to make an analysis of work activities and how it can influence worker health, focusing on mental health. It is possible to clarify that, with the evolution of technology and sectors of the economy, the labor market has become increasingly competitive, and this consequence has become dangerous since it weakens the psychological health of the employee, who lives under constant pressure to bring the retorna that the company expects. This fragility as a result of work has led a considerable number of workers to ask for leave from their activities, generating high costs for the company and irreparable consequences for the employee. In this sense, the study of the theme is of paramount importance, since a healthy work environment and health are fundamental social rights ensured by the Federal Constitution of 1988. Thus, the work aims to show the relevance of the theme for society by tracing an analysis from the evolution of labor rights, to the right to mental health considered fundamental and the consequences of non-observance of this right in employment relationships.
O fenômeno da uberização: a (in)existência de vínculo empregatício e a precarização dos direitos trabalhistas
(Centro Universitário do Estado do Pará, 2020) Ono, Alexandra Keiko de Oliveira; Freire, Beatriz Nayana Rocha; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
This article aims to analyze the phenomenon of “uberization” and the consequent precariousness of the workforce on digital platforms. The main factor is the lack of employment relationship between the app and its colaborators. Technological innovations brought by digital platforms, in spite of its benefits (facilitating access to urban mobility and real-time information), on the other hand, institute a new form of job insecurity, which is masked by the “autonomy” of drivers, often called “self-management”. The present article has a theoretical character and consists on a bibliographic and documentary research that will analyze, in both national and international level, judicial decisions about the subject, to support the arguments presented, using the hypothetical-deductive method. First, it explains the concept of uberization. In a second topic, the (non) existence of the employment relationship in labor relationships and discusses the theory of parasubordination. In a third topic, the precariousness of work as a consequence of the phenomenon of uberization will be analyzed and, then it analyzes the intensification of this phenomenon in the Pandemic of Covid-19. In the last topic, a comparative study of national and international decisions and laws on the topic will be made. Finally, to demonstrate the need to reformulate the legal concept of subordination, traditionally used, as well as the urgency that Brazil has in defining the jurisdictional competence to judge such demands and to elaborate specific laws for these relationships.
Os elementos indispensáveis à tipificação do direito à desconexão no Brasil
(Centro Universitário do Estado do Pará, 2023) Moraes Júnior, José Carlos Freitas; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
This article addresses the Right to Disconnect, an emerging theme in the face of digital transformations and remote work. The study examines the evolution of work, Brazilian legislation, including labor reform, and the influence of the pandemic on the labor context. The research investigates the normative framework, highlighting the non-ratification of ILO (International Labour Organization) Convention 177 and the absence of specific legislation for the Right to Disconnect. Adopting a critical approach, the analysis explores jurisprudence to understand the practical application of this right. The methodology involves a literature review using primary and secondary sources, as well as jurisprudential research. It is concluded that, although essential, the Right to Disconnect lacks clear legal support, necessitating more effective measures.
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.
Principais impactos da atividade mineradora no Estado do Pará: o caso da Companhia Brasileira de Bauxita – CBB/USPAM
(Centro Universitário do Estado do Pará, 2020) Melo, Ana de Fátima Lopes; Bentes, Geraldo Afonso Lemos; Feio, Thiago Alves; http://lattes.cnpq.br/6097894612420336
The laboursassociatedwith mining, storage, processing, andtransportof ore, are carried out indangerousandinsalubriousareas. Most of the tragedies and environmental damage, that have social repercussions in the field of Labour Law, are triggered by human error. These activities have great and irreversible social and environmental impacts in the region, state, country and even in the world. This body of work intends to elaborate a brief exposition of the activities that are carried out in those conditions and the dangers that are always present, in a way which takes into consideration the responsibilities in the protection of means and labour relevant to the development and follow-up of such activities, without exhausting the theme as it is extensive. Some fields of Law, such as, Constitutional, Administrative, Civil, Social Security, Insurance and even Criminal, have obtained some improvements from companies, particularly, mining companies that employ around 1 million and 100 thousand workers, throughout the country, according to the Ministry of Mining and Energy’s National Plan of Minerals. It is known that the political, financial, and economic crisis remain difficult to be solved in a short amount of time and are now aggravated because of the global pandemic of Covid-19.
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.
Violações ao direito à desconexão: uma análise jurisprudencial
(Centro Universitário do Estado do Pará, 2023) Sherring , Isabel Fernandes; Porto, Marcela Proença; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
This article aims to analyze the impacts that insufficient classification in Brazilian labor legislation has on the life of teleworkers. With technological advances, teleworking is expanding more and more, as it brings with it advantages that make this model different from traditional work models, such as flexible working hours. However, this flexibility causes harm to the employee, given the non-compliance with the worker's right to disconnect. The issue of this article raises the following question: how is the right to disconnect when teleworking is currently applied in Brazil to protect the physical and mental health of teleworkers? To resolve the problem, the method of research and bibliographic analysis and jurisprudence of the Regional Labor Courts was used. At the end of the article, it is concluded that the absence of laws that qualify the right to disconnection as a fundamental right of the worker, leads to precarious work, and an increase in exposure to mental and physical illnesses following excessive work linked to pressure for employer part. Therefore, it is necessary to debate the rules for this regime, with the aim of understanding how precariousness manifests itself through the use of this type of work, or even understanding whether it is, in itself, a form of precariousness.