Navegando por Assunto "Lei n. 13.467, de 13 de julho de 2017"

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O acesso à justiça e as modalidades de resolução de conflitos inseridos pela reforma trabalhista
(Centro Universitário do Estado do Pará, 2019-06-18) Cruciol, Geovana Manoela Braga; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943; Rodrigues, Vanessa Rocha Ferreira
This monograph deals with access to justice through the modalities of conflict resolution introduced by the labor reform. The main objective is to show how the labor reform protects these modalities and to demonstrate the capacity that these alternative means of conflict resolution have to encourage the judiciary to be the precursor of one of a faster and more efficient judicial service. The objective was also to verify the effectiveness of the institutes implemented with the labor reform in order to address the following question: The alternative means of conflict resolution implemented by Law 13467/17 are tools capable of granting access to justice with the objective legislator? In order to remedy this issue, this work was directed to explaining, based on the study of daily life and forensic practice, how these institutes are functioning in the judiciary, analyzing their impacts in relation to the inafasability of the jurisdiction. Finally, it was possible to conclude that, due to the lack of democratic deliberation of the legislative process of law 13467/17, the initial ideas proposed by the labor reform were not articulated in the way that they should be, generating new impasses in the labor justice due to the built barriers access to the judiciary.
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.
Reforma trabalhista: a relação do trabalho intermitente e a violação dos princípios no Direito do Trabalho
(Centro Universitário do Estado do Pará, 2019-06-03) Arouck, Rosilda do Socorro Cavalcante; Brito Filho, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769
Law 13,467 / 2017, known as "labor reform" brought to the Labor Law several changes, where it is evident the creation of a new modality of labor contract: the intermittent contract. It is a model that occurs with a job link with flexible hours and salaries according to the employer's needs. The creation of this new modality undoubtedly generates a reflection developed in the chosen theme, Labor Reform: The relation of the intermittent work and the violation of the principles in the Right of the Work. The objective of this monograph is to make a study on the form that this modality of work violates the worker's rights consolidated in the federal Constitution and CLT. In this format, the study will analyze the inclusion of this new contract model and its implication in the preservation of some basic principles in the Law of the worker. The methodology used was the bibliographical research, analyzing several authors as:. The first chapter focused on labor law, with its origin and construction in other countries and its influence in Brazil, culminating the principles that guide it, both constitutional and infraconstitutional. The second chapter deals with the generality of the labor reform and the introduction of the intermittent contract, the main object of this study. The third chapter deals with legal insecurity in the intermittent work due to the controversies that Law 13467/2017 generated and all the post-valid changes. Finally, the last chapter deals with the violation of principles in the inclusion of this new modality of contract, relating important principles in this context and the consequences of this violation, answering the problem question and presenting possible interventions with the result obtained.