Navegando por Assunto "Direitos fundamentais"

Agora exibindo 1 - 7 de 7

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
Assédio de consumo e superendividamento de consumidores hipervulneráveis no Brasil
(Centro Universitário do Estado do Pará, 2022) Bentes, João Victor Martins; Coelho, Lunna Martins; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138
This article aims to analyze consumer harassment and hypervulnerability of elderly consumers, emphasizing the consequence of both phenomena, known nowadays as over-indebtedness. Through a theoretical-normative study, but also with reflections of a practical nature, the article presents bibliographical and documentary analyzes on the nuances of the current frenetic consumption mode that, through the harassment of consumption practiced by institutions, results in irreversible indebtedness of the elderly consumer. The theme is of extreme socioeconomic relevance and gives an innovative study of the Brazilian legal system, since there are still great controversies around the aforementioned theme. In this sense, the article intends to shed light on Law 14.181/21, the Over-indebtedness Law, which was created with the objective of solving some current problems of Consumer Law in Brazil, among them the one that is intended to be emphasized: the harassment of consumption and over-indebtedness of the hyper-vulnerable population.
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.
Direito de desconexão do trabalho: uma análise do impacto da conexão excessiva na saúde mental do trabalhador à luz dos direitos fundamentais
(Centro Universitário do Estado do Pará, 2023) Silva, Juliana Andréa Ruffeil Melo e; Santos, Juliana Lino dos; Pereira, Emília de Fátima da Silva Farinha; http://lattes.cnpq.br/1293396275281875
This research is directly related to the material labor law, specifically with the theme "disconnection within labor relations" this acting on the impact of excessive connection of work which generates consequences in the life and mental health of this employee, it is also worth mentioning, including the physical health that is also damaged because of this excess. Nevertheless, for this right to be observed, the principles and fundamental rights set forth in the constitution and in the consolidation of the labor laws will be used as a research base, covering modalities, rests and basic needs that the worker can enjoy in his work environment, as well as in his environment beyond work. In the meantime, during the research, it will be discussed the possible physical and mental diseases that result from the lack of disconnection, which damage the worker's health, as well as to present the obvious violation of basic rights due to excessive labor connection.
Direito fundamental à educação: o arcabouço normativo e a efetividade da educação básica no Brasil à luz da teoria de John Rawls
(Centro Universitário do Estado do Pará, 2025-02-24) Mácola, Ana Luiza Crispino; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Lamarão Neto, Homero; http://lattes.cnpq.br/3535753064014781; Teixeira, Eliana Maria de Souza Franco; http://lattes.cnpq.br/5865287894194983
The main objective of this dissertation is to analyze the fundamental right to education in Brazil in light of John Rawls' theory of justice as equity, considering the Brazilian normative framework and the implementation of access to basic education in the country. In this context, the work seeks to answer the following research problem: based on the analysis of education in Brazil and based on Rawls' conception of justice, to what extent is access to basic education implemented and recognized as a primary good? To achieve the desired goals, the research examines the right to education, addressing its normative protection and theoretical foundations, then delves into the concepts of egalitarian liberalism and distributive justice, highlighting Rawls' theory. Next, the investigation focuses on the feasibility of implementing the right to basic education in Brazil, analyzing whether the institutional structures are aligned with the principles of justice proposed by Rawls, especially in a challenging scenario marked by inequalities in the country. The research, which is theoretical in nature and based on the deductive method, uses discourse analysis as a methodological resource, which allows for an understanding that transcends the explicit content by investigating underlying and contextual impacts. The analysis, as to the object of study, is limited to the normative criteria of basic education. In addition to this methodological approach, the research adopts John Rawls as a theoretical framework, as his theory of justice is considered the most appropriate and fair way of distributing rights among members of society, in addition to recognizing the fundamentality of social rights and, therefore, the most suitable for protecting the right to education. In the end, it is concluded that, although the Brazilian normative framework is aligned with Rawlsian theory, there is an urgent need to improve the practical application of the standards so that access to basic education is effectively guaranteed to all, especially to the less favored, promoting the construction of a more just and egalitarian society.
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.