Navegando por Assunto "Direitos fundamentais"

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A personalidade jurídica do nascituro e o status jurídico do feto anencéfalo no Brasil
(Centro Universitário do Estado do Pará, 2022) Ribeiro, Ingrid Karolene da Costa; Resque, Rafaela Teixeira Sena Daibes; http://lattes.cnpq.br/1787469992107576
The moment at which a legal entity begins in Brazilian legislation is not unanimously agreed upon in the legal literature. In that regard, this article seeks to analyze the main theories concerning this polemical and heated discussion. In short, the natalist theory defends the obtaining of personality only after birth, possessing the unborn child, then, mere expectation of rights; the theory of conditional personality emphasizes that the one who is not yet born retains its rights in suspensive condition contingent on live birth; for its part, the conceptionist theory, is the only one that provides fundamental rights to the unborn child, recognizing conception as the starting point of life, with personality being attributed at that exact moment. The arguments find fertile territory for debate in the lack of clarity of article 2 of the civil code of 2002, which safeguards right for the unborn child, but leaves its interpretation to the legislator who must use a systematic view of the legal order in order to obtain fair results. As an example, it was necessary to analyze the legal status of the anencephalic fetus through the controversial claim of non-compliance with fundamental precept n°54
O conflito entre o direito à moradia e o direito à propriedade privada: uma análise da jurisprudência do judiciário paraense
(Centro Universitário do Estado do Pará, 2019-06-17) Nascimento, Juliana Leal da Costa; Lima, Luciana Albuquerque; http://lattes.cnpq.br/3927152172709201; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
The present work of course conclusion seeks to investigate and analyze the jurisprudence of the Court of Justice of the State of Pará to investigate the decisions that involve conflicts related to the right to housing and the right to private property, both rights constitutionally protected, from a perspective human rights and fundamental guarantees, in order to assess any non-observance or violation of those rights. The paper also proposes to make a brief analysis of changes in legislation, customs and the relationship between society and the right to housing and property rights over the years. In order to reach such objectives, the work seeks to analyze constitutional and infraconstitutional legislation, with special attention to the mechanisms that deal with the social function of property.
O limite das obrigações do estado no fornecimento de medicamentos de alto custo a pacientes com neoplasia maligna
(Centro Universitário do Estado do Pará, 2019-06-18) Rodrigues, Brendha Figueiredo; Brito Filho, José Claudio Monteiro de; Bastos, Elísio Augusto Velloso
The present study analyzes the limits of the State's obligations to guarantee the right to health in the distribution of high-cost medicines to patients receiving treatment for Malignant Neoplasia. Its purpose is to define the responsibility of the State in the distribution of remedies in a fair and egalitarian manner, taking into account the need of all those who seek, in some way, to guarantee their right to health and life. In order to do so, we indicate John Rawls's theory as sufficient to support this consideration, disregarding the Possible Reserve Theory, constantly applied in judicial cases to justify the inefficiency of the State, and to promote public policies guaranteeing the medicines necessary for individuals. We advocate providing medicines equitably to all citizens, especially those of high cost who are not registered with ANVISA and due to this factor, there is no provision by the Unified Health System. The methodology will be the bibliographical survey based on doctrines available in books and periodicals, articles and master's theses. Therefore, this is an eminently theoretical study, developed with a view to understanding that health is a fundamental right, especially in cases of patients with Malignant Neoplasia who require the distribution of high-cost drugs in a full and accessible way, taking into account in view of the complexity of the treatment and in most cases, patients' hyposufficiency.
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.