Navegando por Assunto "Direito do trabalhador"

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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.
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 trabalho em condições precárias na catação de resíduos sólidos em Belém/PA: uma análise sob a ótica da racionalidade neoliberal
(Centro Universitário do Estado do Pará, 2024) Bentes, Tiago Rafael Xerfan; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769
This research aims to answer the following question: how could neoliberal rationality have contributed to the precarious working conditions of solid waste collectors in Belém/PA? We will work with the hypothesis that this collaboration occurred to the extent that the Brazilian legal system, influenced by neoliberal rationality, created a favorable scenario for the costs of the activity to be transferred to the collector and borne by him, which freed the State from guaranteeing the decent work to the category. Regarding the general objective, we intend to identify whether neoliberal rationality contributes to the fact that solid waste collectors, despite their demands, do not have decent working conditions. The research focuses on three specific objectives: as for the first, we intend to investigate the solid waste management system and the recycling of this waste in Belém do Pará. As for the second, we intend to analyze how neoliberalism and neoliberal rationality have collaborated so that the State refrains from guaranteeing decent work to solid waste collectors and from creating public policies that support their work, given its essentiality to the community. In the third, we intend to analyze how the State could ensure decent working conditions for solid waste collectors. The research has a qualitative approach, is exploratory and uses bibliographic and documentary sources. The analyzes indicate that collectors work under unworthy conditions, and that the laws applicable to the category, in addition to being based on a neoliberal rationality, exempt the State from the duty to guarantee decent work, a commitment to which Brazil assumed when it became a signatory of the Agenda 2030 and when it adhered to the Sustainable Development Goals. In the end, the analyzes also indicate that the promotion of decent work for collectors in Belém is possible, as long as it is accompanied by restructuring and a change in the way solid waste is managed in the city.