Navegando por Assunto "Reforma trabalhista"

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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.
Arbitragem nos dissídios individuais: uma análise após a reforma trabalhista
(Centro Universitário do Estado do Pará, 2018-12-18) Carmo, Giovanna Sousa do; Mendes, Felipe Prata; Moreira, Alan
This monograph aims to point out that the exaggerated number of demands in the Judiciary, due to the judicialization institute, generates the need to use alternative means, and to analyze specifically in the labor scope the applicability of Arbitration as a means of solving individual labor conflicts. The discussion begins with overcrowding of the judiciary and how extrajudicial means are important to "unburden" the judiciary. There is effective access to justice and its obstacles, among which can be correlated with basic principles of labor law, such as unavailability and the principle of protection. It is also analyzed how the arbitration procedure is inserted in the legal system, considering that the Labor Reform has expressly authorized the use of arbitration to solve individual labor disputes, which can be considered risky, due to several concepts not yet overcome. Therefore, it was possible to realize that, although the arbitration procedure has advantages for speed in the resolution of demands, there is still a great deal of resistance in its applicability in the individual dissidents, despite its express authorization by the Labor Reform, and the institute is not very seen in practice. This "legislative innovation" is exclusive, and covers a small part of society, could still generate insecurity and break with important principles of individual labor rights, which are not considered available.
Os critérios de quantificação do dano moral segundo o TST e a (in)constitucionalidade do parâmetro adotado pela reforma trabalhista
(Centro Universitário do Estado do Pará, 2018-12-18) Lima, Hugo Silva Pereira de; Moreira, Allan Gomes; Pereira, Emília de Fátima da Silva Farinha
The present study aimed at analyzing the criteria used by the Superior Labour Court (SLC) in order to establish an amount for compensations for moral damage held within the workplace. Moreover, a contrast is suggested between such criteria and those adopted by the Act N. 13.467/2017 (Labour Reform) which implemented a new reference based on the wage earned by the injured in order to quantify labour moral damage. Structurally, this study begins by analyzing moral damage and its conceptualization, and explores the characteristics of civil responsibility of the injured before the offense as well as how the damage can be verified. Furthermore, a counterpoint is made between the given damage and labour Law noting how the latter observes the former in the labour field. Next, this study analyzes the criteria for establishing the quantum to be paid to compensate the moral damage in our legal system. At last, the constitutionality of changes in the criteria was analyzed in the light of the Labour Reform as well as whether this new reference will be used or not in Labour Law.
A facilitação do dumping social no direito do trabalho mediante a reforma trabalhista
(Centro Universitário do Estado do Pará, 2018-12-19) Tocantins, Leonardo Tchelzoff; Chaves, Krystima Karem Oliveira; Mendes, Felipe Prata
The present study aims to analyze the extent to which current labor legislation favors the propitiation of so-called social dumping. In order to do so, we will analyze the dynamic context of labor law and the advent of labor reform. Law 13.467 / 2017, in order to observe, through a parallel with pre-existing legislation, the extent to which the changes brought about by labor reform facilitate the spread of social dumping. The specificities of social dumping will be set out, with the suppression of labor and social rights as their immediate consequences. It will be demonstrated that the means of easing the relationship between employee and employee, which were implemented by law 13467/17, may become instruments of aid for the increase of these practices, finally, it will be compared phatic and theoretically and possible harms to the worker in order to achieve the best construction and clarification of the content of labor rights and guarantees for their greater effectiveness.
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.
Reforma trabalhista: o teletrabalho e seus reflexos na saúde e na desconexão do trabalhador
(Centro Universitário do Estado do Pará, 2018) Bittencourt, Pedro José Marinho; Chaves, Krystima Karem Oliveira
This paper will present an analysis of the new regulation and systematics of teleworking from the labor reform, exposing its consequences to the preservation and protection of the minimum rights of teleworkers, especially regarding the right to disconnect from work and the right to health. To do so, the Fundamental Social Rights will be elucidated, as well as the conceptualization and explanation of degrading work as the antithesis of decent work. Next, it will be the responsibility of the employee regarding the health of the worker and his obligatory action for the realization of a salutary work environment for all types of workers. In the same way, it will be related, with respect to the particularities of the remote work, traversing by its origin, modalities and normative history in the Brazilian order. Finally, the social-economic impacts of teleworking will be exposed in relation to its main agents, especially the teleworker, addressing the main reflexes of remote work in their life and health, including as a conclusion that, despite being regulated and with great advances, teleworking still has latent weaknesses as to the effectiveness of the preservation and protection of the worker's basic rights, especially with regard to his / her dismissal due to lack of control of the day, and his / her full health is harmed by the legislative inclusion of the term responsibility, a document that aims to exempt the employer from greater responsibility for the health of the worker.
Requisitos da relação de emprego X trabalhador autônomo: reforma trabalhista e a proteção ao trabalhador
(Centro Universitário do Estado do Pará, 2019-06-18) Pinho, Lucas Eduardo Rebelo; Pereira, Emília de Fátima da Silva Farinha; http://lattes.cnpq.br/1293396275281875; Rodrigues, Vanessa Rocha Ferreira; http://lattes.cnpq.br/8565252837284537
The present study aims to analyze the extent to which the article 442-B added to the CLT with the labor reform violates or not the rights of the employee and what the harmful consequences of this possible transgression. Firstly, through a brief history of labor law in Brazil, through the entire context of worker protection present in labor law, the protective principles are brought out from the point of view of the vulnerability of the employee in the relation of employment in the planning Brazilian law. Also, doctrines, articles, summaries and statements are examined in order to elucidate the subject. In this context, it is later explored the characterization of the employment relation and what its fundamental characteristics in order to make the comparison with the autonomous worker to, thus, reach the target device of the research. Finally, an analysis is made of some harmful consequences that the device may trigger in the employment relationship. The importance of this research is to foment the discussion about the need of protection of the worker against the labor reform that aims to diminish the rights of the proletarian class.
A saúde do teletrabalhador e a responsabilidade contratual: a luz do art. 75-E da Reforma Trabalhista
(Centro Universitário do Estado do Pará, 2018-12-20) Silva, Larissa Manamy Nakamura; Chaves, Krystima Karem Oliveira; Silva, Arthur Laércio Homci da Costa
El presente trabajo objetiva el estudio del teletrabajo que fue incluido en la Ley Laboral a través de la reforma, ya través de los artículos que se incluyeron sobre el tema, es notorio que hay una relativización del empleador en cuanto a su salud y seguridad en el trabajo. Para que haya una labor sana y segura, si tiene varios elementos que son necesarios, como citado en el trabajo el medio ambiente laboral y la medicina y seguridad del trabajador, esos dos temas deben andar juntos pues uno complementa al otro. Para que haya un ambiente saludable, las normas reguladoras son de extrema importancia, pues se refieren a cómo el empleador debe garantizar la seguridad, la salud y la vida del trabajador. Hay la retirada de la responsabilidad que es del empleador y pasa a su empleado, debiendo éste arcar con los gastos y seguir con la responsabilidad de seguir las normas, y en caso de ocurrir una desgracia, se cargará solo con los gastos derivados de la labor. La parte hiposuficiente del contrato individual del trabajo no debe responsabilizarse por sí mismo en cuanto a la forma y los materiales necesarios para la garantía de la disminución de los riesgos del trabajo. La salud del teletrabajador está siendo relativizada por la reforma, pues no hay una inspección por parte del empleador para ver si está todo de acuerdo con lo que es necesario para la garantía del principio de la alteridad, así como el de la protección del empleado.
A utilização da arbitragem dos dissídios individuais de trabalho à luz da reforma trabalhista
(Centro Universitário do Estado do Pará, 2018-06-14) Ramos, Marcela de Borborema Machado; Mendes, Felipe Prata; http://lattes.cnpq.br/9587483262174943; Pereira, Emília de Fátima da Silva Farinha
This monograph aims to analyze out that the excess of demands in the Judiciary generates the need to use alternative means, and specifically in the labor scope, the use of Arbitration as a means of resolving disputes in individual labor conflicts. The discussion begins with the difficulties of reaching an effective access to justice, among which is highlighted the excess of demands in the judiciary, and the importance of extrajudicial alternatives to solve such excess. It is also analyzed how the arbitration procedure is inserted in the current conjuncture of the system, considering that the most recent Labor Reform expressly authorized the use of arbitration to solve individual labor disputes, what are the advantages that this legislative change will bring in the field as well as what are the opposing ideas of this institute. Thus, through the exposition about the arbitration procedure, it was possible to evaluate that the application of arbitration as an alternative method in the resolution of individual labor disputes, in addition to being very well received in our legal system, is totally legal and constitutional and overcomes its main obstacle: the unavailability of individual labor rights. Finally, it was pointed out that although the use of arbitration in the context of conflicts of individual labor rights brings several advantages, since it is a legislative "innovation", there are still many challenges to be analyzed and solved so that the use of this institute does not harm the employee and does not violate labor principles.