Navegando por Assunto "Direito do trabalho"

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A inclusão da pessoa com deficiência visual no trabalho a partir da tecnologia assistiva
(Centro Universitário do Estado do Pará, 2024-02-29) Dias, Aurora de Nazaré Fernandes; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983
This dissertation's central objective is to investigate how assistive technology can function as an instrument for the inclusion of people with visual impairments in the job market, ensuring a balanced work environment. The topic covers several subdivisions, and it is essential to identify the disabilities present, such as physical, auditory, visual, mental and multiple disabilities. Inclusion in the job market, especially for people with visual impairments, reveals significant challenges, even with legislation such as the Quota Policy. Therefore, the problem question was formulated: How can assistive technology be used to include people with visual impairments in the job market? The research focuses on investigating how assistive technology can promote the inclusion of people with visual impairments in the job market, ensuring a balanced environment. The specific objectives include analyzing the characterization of people with visual impairment, exploring obstacles and accessibility in the job market, addressing the issue of a balanced environment and examining the role of assistive technologies. The theoretical relevance of the research lies in the discussion of assistive technology and its application in the inclusion of people with visual impairments in the job market, in line with human dignity. From a practical point of view, the research contributes with alternatives for inclusion, combating inequalities. Therefore, the hypothetical-deductive method is used. The research addresses the lack of accessibility as a central factor for exclusion in the labor market. With a qualitative approach, the research uses bibliographic data and documentary analysis, and is divided into chapters that explore different aspects of the inclusion of people with visual impairments in the job market. In the end, the considerations highlight the importance of the study given the persistent challenges faced by this group, aiming for a more inclusive and equitable society.
A pejotização no Supremo Tribunal Federal: reflexões à luz do trabalho decente
(Centro Universitário do Estado do Pará, 2024-08-26) Peixoto, Karen Dayana Pereira; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Carreiro, Luciano Dorea Martinez; http://lattes.cnpq.br/8883729921865765
This dissertation analyzes the decisions of the Federal Supreme Court (STF) on pejotização, from the perspective of decent work. The objective is to investigate how the STF decisions that endorse pejotization, based on outsourcing, interfere with the promotion of Decent Work in Brazil. The research addresses the STF's position on pejotization, identifying arguments from Ministers and influential legal nuances. It also assesses the influence of these decisions on working conditions and workers' rights, pointing out vulnerabilities and possible violations of minimum labor protection standards. The dissertation clarifies the legal instruments of outsourcing and pejotization, delimiting their characteristics and legal implications. It concludes that, despite the fundamental rights established by the Constitution, infraconstitutional legislation makes labor rights more flexible, creating precariousness. The STF, by legitimizing pejotization as outsourcing, confuses concepts, harming workers and weakening legal protection, compromising the promotion of Decent Work. The research is theoretical and empirical, combining bibliographical review and jurisprudential analysis. On a theoretical level, it reviews doctrines, theories and legal principles on pejotização and outsourcing in Labor Law. Empirically, it examines STF decisions, collecting and analyzing rulings to identify patterns and impacts. The search on the STF website, carried out on December 12, 2023, used keywords such as "pejotização" and "pejotização and outsourcing", resulting in 25 and 24 rulings, respectively. Qualitative analysis interprets jurisprudential and doctrinal data, offering an in-depth and reasoned understanding of the implications of these decisions for Decent Work. The research concludes that the STF tends to validate pejotization via outsourcing, reformulating understandings of the TST and TRTs, but faces criticism about its effectiveness in protecting workers' rights. Analyzing STF decisions, the research reveals arguments and legal foundations, highlighting the need for a specialized Labor Court to correctly distinguish between outsourcing and pejotization, ensuring decent working conditions.
Adicional de insalubridade: compensação ou perpetuação do trabalho degradante?
(Centro Universitário do Estado do Pará, 2024) Bührnheim, Isadora Araujo; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537
This article aims to discuss the role of hazard pay in the context of compensating or perpetuating degrading work. Based on a theoretical-normative study, the structure of this work begins with the presentation of the legal provision and the purposes of the hazard pay premium, highlighting its importance in the Brazilian legal system. Following that, the consequences of working in unhealthy environments are addressed, highlighting the impacts on the health and well-being of workers exposed to harmful conditions. Finally, the relationship between precariousness and compensation is discussed, questioning whether the additional effectively protects the worker or perpetuates work in degrading conditions, defending the need to improve the protection of workers' health and dignity.
Análise crítica acerca da capacidade para enfrentamento de momentos excepcionais da Legislação Trabalhista Brasileira
(Centro Universitário do Estado do Pará, 2022) Costa; Souza, Rafael Santos de; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824
This article seeks to analyze the Brazilian labor legislation in force at the time the covid-19 pandemic began, to find out if it provided subsidies for facing the consequences caused by the virus in labor relations, in the face of the serious context of economic crisis. Likewise, it seeks to briefly examine some emergency measures adopted by the Federal Government to contain the impacts of the virus on the economy, as well as critically analyze whether these were necessary. The sources of the methodology used were research on doctrine, scientific articles, legislation and Brazilian jurisprudence. The conclusion of the study is that Brazil does not have effective and structuring legislation for exceptional moments, always resorting to case-by-case measures, in the way that occurred in the treatment of the pandemic.
As consequências da jornada de trabalho 12x36 dos trabalhadores da área da saúde sob a perspectiva do princípio constitucional da dignidade da pessoa humana
(Centro Universitário do Estado do Pará, 2024) Martins, Luciano Jesus Hage; Pereira, Emília de Fátima da Silva Farinha; http://lattes.cnpq.br/1293396275281875
Thisworkaimstoexplaintheworking hours ofhealthprofessionalsthroughthe perspective oftheconstitutionalprincipleofhumandignity. Duetothefactthattheworking hours oftheseprofessionals are veryexhausting, therefore, they are in disagreementwith labor lawsandaboveallwiththeprincipleofhumandignity, consideringthattheseworkershave a workingdaythat in turnoverloadsthem. As a result, theworkingenvironmentoftheseprofessionalsbecomesunsustainable for themtocarry out theiractivities. Throughoutthearticle, it willbeexplained in detailhowtheworking hours ofhealthprofessionals are notcomplyingwiththeprincipleofhumandignity.
Discriminação algorítmica no mercado de trabalho brasileiro: uma análise da utilização da IA
(Centro Universitário do Estado do Pará, 2024-09-07) Brasil, Luiza Arruda Câmara; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537; Soares, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419; Resque, João Daniel Daibes; http://lattes.cnpq.br/0225226226260524
This discussion is aimed at investigating the general nature of the main algorithmic discriminations found in the Brazilian travel market. The Brazilian trade market has now been strongly impacted by artificial intelligence, revealing significant challenges to combat algorithmic discrimination, just as it currently does on data protection (Lei 13,709/2018). The research focuses on investigating which are the main forms of algorithmic discrimination and how they can be mitigated, through an analysis of the current Brazilian scenario in traffic and data protection norms. The specific objectives include analyzing the historical and conceptual aspects of AI, in order to understand how this technology evolved and so that it can be understood the ambiguities created in its use; Examine the trade market and how the algorithms impact the trade-home relationship, through the programs provided. Understand how the European Union (EU) deals with algorithmic discrimination and understand the consequences of varying the minimum parameters for use by AI in Brazil, resulting in algorithmic discrimination in the trade market. The theoretical relevance of the research is based on the production of content that can contribute to the regulatory debate on a technology that impacts millions of human beings, with the main purpose of protecting the fundamental and social rights of Brazilian workers. You do not intend to comply with the use of this technology, but only meet the minimum requirements for its use. From a practical point of view, in this article you can contribute as a debate, in order to propose a new approach to the consequences of the indiscriminate use of artificial intelligence. Having said that, using the hypothetical-deductive method. With a qualitative approach, an appropriate analysis of bibliographic data, documentary analysis and division into chapters that are explored or used by artificial intelligence in the business market. Finally, the considerations stand out as to the importance of testing against persistent problems, trying to combat algorithmic opacity.
Inteligência artificial na prevenção de assédio no trabalho: promovendo ambientes laborais seguros
(Centro Universitário do Estado do Pará, 2024) Monteiro, Nadya Giovanna Alves; Ferreira, Vanessa Rocha; http://lattes.cnpq.br/8565252837284537
The article addresses artificial intelligence in the prevention of workplace harassment. The objective is to investigate the impact of artificial intelligence on preventing harassment in the workplace, aiming to promote safer work environments. To this end, the study examines the characteristics and impacts of moral harassment in the workplace, then investigates the integration of Industry 4.0 with artificial intelligence. Finally, it evaluates the effectiveness of artificial intelligence in combating moral harassment. The research concludes that moral harassment in the workplace is a serious problem that harms the health and productivity of workers, requiring clear policies and an organizational culture of respect. Artificial intelligence is emerging as an effective tool for preventing and combating harassment by monitoring behaviors and identifying suspicious patterns, but its implementation must be ethical and transparent, respecting individuals' privacy. The study is theoretical in nature, with a qualitative approach and exploratory objectives. The method is hypothetico-deductive, and the procedures are bibliographic and documentary research.
O adicional de risco do trabalhador portuário avulso após a decisão do tema 222 do STF: uma análise jurídica diante da interpretação diversa dada pelas turmas do TRT- 8
(Centro Universitário do Estado do Pará, 2024) Oliveira, Lucas Arrais; Prieto, Diego Rodrigues; Santos, Carlos Alberto Valcácio dos; http://lattes.cnpq.br/5870111126587194
This scientific article aims to demonstrate that the Additional Risk will only be due to Casual Port Workers if the requirements established by Theme 222 of the STF are respected, that is, there must be payment for the worker with a permanent contract and the worker One-time employee must be in the same conditions as the employee with a permanent contract who receives the aforementioned additional payment. It is correct that in the application of this topic, some classes of the Egrégio Regional Labor Court of the 8th Region were decided to automatically apply the additional fee. Initially, it will be contextualized on the actions of OGMO, the independent port worker and the risk premium. After that, we will deal with the legal and principle analysis linked to the judgment of Extraordinary Appeal 597.124 that gave rise to understanding 222 of the STF. Subsequently, the inapplicability of the automatic risk premium for TRT-8 Classes will be demonstrated.
As peculiaridades do contrato de trabalho do atleta profissional de futebol
(Centro Universitário do Estado do Pará, 2019-06-14) Gonçalves, Elayne Cristina Moraes; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943
The professional soccer player belongs to a differentiated category of worker, with his own rules and characteristics, which reached an important level in Brazil, to the point of deserving special legislation that deals with it. Historically, there has been a complex process in the admission of professional soccer players to the role of special workers, due to the delay in the transition from amateurism to professionalism in this category. Several regulations were issued by the State, but Law 9.615 / 98 (Lei Pelé) deserves special attention, since it is the most relevant rule. Since soccer has ceased to be mere leisure, and has achieved the status of one of the most lucrative investments in the market, involving millionaire transactions, it has become necessary to create a contract of work with different peculiarities, which differs from that of the ordinary employee , regulated by specific law, but subject to that which regulates the Consolidation of Labor Laws. Thus, the objective of this monograph is to address the main points that differentiate this category of workers from the others.
Trabalho decente no Brasil: os objetivos de desenvolvimento sustentável da ONU nº 8 e o caso empregados da fábrica de fogos de Santo Antônio de Jesus e seus familiares VS. Brasil
(Centro Universitário do Estado do Pará, 2022) Pinto, Camila Brito; Bentes, Natália Mascarenhas Simões; http://lattes.cnpq.br/7841149596245216
This study aims to present the need for greater action by Labour Inspection in Brazil and the need for its strengthening to ensure decent work. It is an analysis based on the Sustainable Development Goals (SDGs) of the United Nations (UN), especially SDG 8, which promotes decent work and economic growth; and the case of the employees of the Santo Antônio de Jesus fireworks factory and their families vs. Brazil of the Inter-American Court of Human Rights, which discusses degrading working conditions and slave-like conditions, justifying the violation of decent work. For the elaboration of this article, a bibliographical research was used based on several authors who deal with the subject in order to build a theoretical referential that presents as theme the Decent Work in Brazil, as well as, to seek a new critical and flexible look in order to provide answers that guide workers, to know which are the fundamental rights of the worker guaranteed and instituted by the Federal Constitution of 1988, Labor Law and International Norms of Work Protection.
Trabalho escravo: uma análise da jurisprudência do Tribunal Regional do Trabalho da 8ª Região à luz da Súmula 36, acerca do trabalho em condições degradantes
(Centro Universitário do Estado do Pará, 2020) Silva, Érica de Kássia Costa da; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
The present research aims to carry out a jurisprudential analysis about work in degrading conditions in the Regional Labor Court of the 8th Region in the light of Precedent 36. The useof work in conditions similar to slave is an illegal practice in Brazil and legally prohibited in international instruments. However, although this type of work is expressly prohibited, it is still common to find workers being subjected to this form of exploitation in urban and rural areas. Article 149 of the Brazilian Penal Code describes work in conditions analogous to slavery based on the typical and equivalent forms of criminal offenses. Although work in degrading conditions is considered one of the typical forms of crime, there is still a difficulty in characterizing it. In view of this phenomenon, there is a need to defend that this form of exploitation is not only the occurrence of labor irregularities during the employment relationship, but also the denial of minimum worker rights, as in this form of labor, health and safety standards are not observed. work safety, thus violating the dignity of the worker. The Regional Labor Court of the 8th Region was chosen for this study due to the existence of jurisprudential dissent among its classes regarding the characterization of work in degrading conditions. The uniformity of jurisprudence in the court was raised, and precedent no 36 was approved in order to provide uniformity in its understanding. Thus, we seek to answer in the work if the edition of Precedent no 36 of the TRT of the 8th Region influenced the court's jurisprudence regarding the recognition of work in degrading conditions and the attribution of moral damage. The research used as a research methodology the bibliographic survey and the consultation of the jurisprudence in the database of the Regional Labor Court of the 8th Region.