Navegando por Assunto "Inconstitucionalidade"

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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 inconstitucionalidade do parcelamento especial de tributos para empresas em recuperação judicial
(Centro Universitário do Estado do Pará, 2020) Cruz, Carlos Leandro Brunoro da; Silva, Felipe Rodrigo Castro da; Silveira, Alexandre Coutinho da; http://lattes.cnpq.br/7902423151331560
The present paper has as objective to analyze the judicial recovery institute, as well as the debut of the law 13.043/2014, its characteristics and unconstitutionalities. To that end, bibliographic research was done, through scientific articles regarding the proposed theme, in addition it was used book and consolidated doctrines about the subject. In the same manner, it was used several judicial decisions from national courts, seeking support on consolidated and united jurisprudence throughout the judicial system. We also searched for assurance within the laws and principles which guide the recovery law. In a first moment, we present the concept of judicial recovery, the principles that guide them, as well as the difficulties found by the companies, in a special way regarding the difficulties that tax’s liabilities brings to the uplift of companies in situation of crisis. Furthermore, it will be presented the matter of the requirement of Tax Debt Clearance Certificate, the obstacles which is requirement brings, as well as the judicial standing regarding the theme. To continue, it will be exposed the matters related to the law 13.043/2014, its purpose, characteristics, deficiencies, and in a special way, the unconstitutionalities within its articles. Lastly, we have as goal to demonstrate that the unconstitutionalities within the installment payment of taxes, which bring huge jeopardies to companies in crisis’s situations and to the development of national economy.
Do distrito ao município: análise dos processos de emancipação distrital no Brasil após E.C. Nº 15/1996 com enfoque nos distritos emancipados do Estado do Pará
(Centro Universitário do Estado do Pará, 2019-06-24) Peper, Fernanda Fabiana Pereira; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Sá Junior, Adalberto Fernandes; http://lattes.cnpq.br/6130514234799965
This work consists of na analysis of the creation of municipalities, since the emancipation of the districts in the Estado do Pará, after the promulgation of Constitutional Amendment no. 15/96, which changed the wording of article 18, paragraph 4 of the Federal Constitution, which on the aforementioned municipal changes, and the ir a requirement for a Federal Complementary Law the regulates the period in which such changes may occur and othe basic criteria. However, ater mora than 20 years this law was never enacted, preventing the creation of new brazilian municipalities ever since. The objective is to demonstrate the need to issue the aforementioned Federal Complementary Law. The data collection carried out in the suspended processes of emancipating districts of the Estado do Pará, at ALEPA, was used as a subsidy for the presente study, with the Administrative Division Committee. The result has been that normative abscence brings legal disorder, since if gloods the Federal Supreme Court of Direct Unconstitutionality Actions, since districts created after 1996 are unconstitutional, and a socioeconomic disorder since districts with development potential can not evolve at the level of internal public law, beyond the systemic-constitutional gap.
Os impactos da reforma trabalhista em relação ao meio ambiente laboral da mulher gestante e/ou lactante
(Centro Universitário do Estado do Pará, 2019-06-19) Alarcão, Marcella Nobre; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769
The present study aims to analyze the impacts resulting from the approval of Law nº 13.467/2017 - Labor Reform, regarding the protection of the work of pregnant and lactating women. Facing the problem proposed, we will analyze the changes in labor legislation, in order to compare the legal provisions present in the Consolidation of Labor Laws - CLT before and after Labor Reform, such as Law nº 13.287/2016 and Provisional Measure nº 808/2017. In addition, current understandings regarding this subject will be demonstrated, in particular, the decision pronounced by the STF plenary on May 29, 2019, which determined the unconstitutionality of the expression that required the presentation of the health certificate by a trusted physician of the woman, for the removal of the pregnant or nursing woman. In this sense, the conclusions highlight the need to reform the aforementioned legal provision, which leads to evident health impacts of the pregnant and nursing woman, in order to comply with constitutionally guaranteed principles, in particular, the principle of social retrogression.
Os hard cases no direito ambiental: análise sobre a atuação do judiciário perante casos difíceis (hard cases) em matéria ambiental e o ativismo judicial como instrumento de justiça compensatória
(Centro Universitário do Estado do Pará, 2021) Melo, João Victor Feio; Brito, Luís Antônio Gomes de Souza Monteiro de; http://lattes.cnpq.br/2244189950353544
This work analyzes the great debate on judicial activism, but with an approach to environmental law and how this aspect influences justice and the violation of constitutional precepts that are the basis of security and separation of powers and their autonomy. In its scope, it carries out the conceptualization of judicial activism in order to demonstrate its unconstitutionality in difficult cases (hard cases), and this term is clearly explained for the purpose of understanding and understanding. It also brings criticism based on the constitutional guidelines themselves, and that to follow the activist path is to go against the precepts of the Democratic State of Law and thus enter into a paradox. But also, to bring an analysis to the environmental issue and how activism has become a compensatory instrument to nurture a "justice" that is helpless, but it is a misalignment on the part of the Judiciary in constitutional guidelines, in relation to the superposition of principles on the rules and the consideration of these principles as general rules in their analyses. Concluding with a synthesis of the study surrounding all the details and arguments put forward to support this action of the Judiciary Power before the Legislative Power and the Constitution.