Navegando por Assunto "Responsabilidade civil"

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Abandono afetivo em razão da orientação sexual e da identidade de gênero: uma análise sob a perspectiva da responsabilidade civil
(Centro Universitário do Estado do Pará, 2019-06-03) Silva, Naira Almeida da; Azevedo, Thiago Augusto Galeão de; http://lattes.cnpq.br/5496674400879290; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040
This work had as objective to deal with aspects related to affectionate abandonment of parentes in relation to their children due to their gender identity and sexual orientation, desviantes do padrão heteronormativo, given that it is an object of little social research, especially with regard to the legal scope. It is a monograph, derived from a theoretical method that consists of the research of works and articles of specialized periodicals that approach the subject, as well as the empirical theoretical method, through statistical data that corroborate the theory of affective abandonment by reason of sexual orientation. It occupies, in a first moment, in addition to clarifying briefly some basic concepts for a better understandingof the reader regarding sex, gender and sexuality, we present the Foucauldian perspective regarding this, as well as a theoretical essay of normative heterosexuality imposed socially based on some premises of Butlerian thought. In addition, attending on the object itself, one starts for a brief exposition about the historical context of the family, analyzing the reflexes cisheteropatriarcal system in the contemporary family, as well as makes an investigation of the discrimination radiated by this one to its descendants that deviate from the archeotypes heteronormative. Finally, it is devoted to the discussion of affective abandonment due to gender identity and sexual orientation, with the purpose of demonstrating the damages that the noncompliance with the legal duties deriving from the family power to provide material and/or moral assistance, conducting an examination about civil liability of those who abandon them and the consequent duty to indemnify, reflecting on the issue of the extent this accountability a legal instrument with potential for raising awareness in the family and minimizing cases of affective abandonment as a result of prejudice institutionalized by heteronormative society.
Cláusulas de compliance: responsabilização pelos ilícitos, aplicação das cláusulas e extinção contratual em razão de seu descumprimento
(Centro Universitário do Estado do Pará, 2018-12-18) Guimarães, Bruna Faiz Küster; Oliveira, Fabrício Vasconcelos de; Duarte, Bruno
The present study aims to analyze the extent to which disobedience to compliance clauses can lead to early termination of the contract. In this scenario, the conformity program, its development at the international and national levels, and its essential elements will be analyzed, as well as the positive impacts that an effective integrity program can bring to the company. Secondly, we will approach issues regarding the civil liability of the legal entity, the directors, members of the tax board and partners of the Corporations, besides other agents that represent it, when one of them commits illegal acts. While the responsibilities of these characters are delimited, we proceed to examine the trend of insertion of compliance clauses in business contracts, reaching, finally, the problem about the possibility of early termination in the negotiating link due to non-compliance with the provisions established in the anticorruption clauses, exploring the position of our jurisprudence in the face of a hindrance of this nature.
Desafios da responsabilização civil pelos danos ambientais decorrentes da pecuária na Amazônia
(Centro Universitário do Estado do Pará, 2018-12-13) Rocha, Angélica Maia Machado; Fonseca, Luciana da Costa; Peixoto, Carla
This monograph deals with civil liability for the environmental damages caused by livestock activities in the Amazon. The research problem of the work investigates the main challenges for the civil responsibility of the livestock production chain for the environmental damages resulting from this activity in the Amazon. The main objective is to trace the livestock activity and its way of functioning, as well as its damages, to contribute to the improvement of the mechanisms of control and monitoring of productive activities in the reduction of Amazonian deforestation. It also aims to address the accountability of legal entities operating in this area and the consequences of the aforementioned activity for the environment, especially the Amazon, in order to explain the serious environmental consequences of livestock and opening critical space for reflection on procedural slowness and legal disinterest in the process of accountability of these entities. It intends to explore the application of civil liability and solidarity in the context of what occurred in Barcarena, as well as to investigate the application and effectiveness of laws to regulate legal entities that operate in this area. The methods used to prepare this monograph were the study and analysis of a set of publications, books, reports, bulletins, scientific articles, statistical data and jurisprudence. The result has been the conclusion that there are a diversity of political interests that are not based exclusively on law, but rather on economic issues that dictate the material rules and the fate of the Amazon, making the law suit the preferences of the polluter group that holds the power of economic activity, leading to the analysis of which laws exist but do not fulfill or materialize their effectiveness, since they constantly seek to adjust the preferences of the sectors of production, and therefore, do not have the result that was intended when they were created, the real interests of preserving the Amazon, and objectifying the treatment of animals in the sector through the perpetuation of an unsustainable culture that guides the economy above the support of forests and animal welfare.
A publicidade enganosa e abusiva em contratos de e-commerce e a responsabilidade civil consumerista
(Centro Universitário do Estado do Pará, 2019-06-03) Pacheco, Paula Carolina Menezes; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138; Soares, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419
The present work proposes to carry out an analysis about civil responsibility in the scope of electronic contracts as a result of the practice of misleading or abusive advertising. The hypothetical-deductive method is used and a bibliographical and documentary survey is carried out on the subject. For this purpose, a study of electronic contracts in the area of consumer relations and its intersection with the Consumer Protection Code (CPC) will be carried out, establishing the concept of e-commerce contracts, the legal regulation of this contractual nature. Nevertheless, it is important to diagnose the control of advertising by consumer legislation, adjacent principles, the recognition of abusive or misleading conduct involving the subject, as well as the instruments of self-regulation of advertising in Brazil. In this sense, the civil responsibility of e-commerce companies is determined by the publicity practices and the importance of recovering the trust principle, and the consumer's protection should be rethought in the face of the new challenges of post-modernity.
Responsabilidade civil das entidades organizadoras e dos clubes mandantes nos eventos esportivos
(Centro Universitário do Estado do Pará, 2019-06-24) Ferreira, Gabriel Fagundes; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040; Bonna, Alexandre Pereira; http://lattes.cnpq.br/2997791932118215
The objective of this paper is to clarify the question as to what type of civil liability should be adopted for those responsible for the sporting event in cases that occur within the local organized by such . For this, we begin the search of the general way to the specific one. Different doctrinal currents and jurisprudence were used to answer the exposed problem. We discuss the main elements of civil liability, such as their species, damages, guilt and causal link to arrive at the specific aspect. When analyzing the specific norms on the present theme, the main one is the defense Statute of fan, which through its forty-five articles expresses relatively of the security in the stages, tracing criteria to control the violence. From this legal diploma, we observe two currents. Initially, the stream of the objective modality of civil responsibility, believes in the contractual relationship between the responsible entities and the spectator, based on Article 3 of the aforementioned Statute. The second chain is based on the notion of proving guilt, based on the content of article 19 of the Statute. It is concluded that the modality of responsibility that must be applied is objective, since the security policy is integrated as a right that must be present in all eventualities, committed to the fan and not to consumption.
A responsabilidade civil das instituições financeiras pela concessão abusiva de crédito consignado ao consumidor
(Centro Universitário do Estado do Pará, 2018-06-20) Santos, Renara Damasceno dos; Oliveira, Felipe Guimarães de
This paper aims to characterize the process of civil accountability of banks and financial institutions inregardsof granting payroll deductible loans. It will focus on the concept of objective civil liability and how it fits within the scope of financial transitions, such as the granting of payroll deductible credit, to this end it will be defined as well as characterize , in judicial terms, the responsibilities attributed to the organizations that provide such service. It will be demonstrated, by the end of this research, that clients, applying for payroll-deductible loans, could be involved in many financial and moral problems, among them, overindebtedness, which is a growing phenomenon in Brazil, given the ease of the process. However, what companies generally do not make clear to customers are the risks they incur when adhering to credit. Thus, as a way to protect the customer, the Consumer Protection Code establishes the banks and financial institutions as directly responsible for the risks incurred by customers, and must be held financially responsible for the damages that the service may incur. This research has a bibliographic character, following the hypotheticaldeductive method, which, explains the hypothesis and then develops a conclusion about the studied subject.
Responsabilidade civil frente ao risco ambiental e o dano extrapatrimonial coletivo
(Centro Universitário do Estado do Pará, 2018-12-13) Magalhães, Isa Campos; Fonseca, Luciana da Costa
This monograph deals with off-balance sheet Responsibility in the face of risk. The main purpose is to propose a reformulation in the current model of civil liability, which is linked to the past. The objective is also to study the applicability of collective moral damages in the face of risk, based on the principles inherent to environmental law, in particular, the right to the ecologically balanced environment, full reparation and irreversibility of environmental damages. It was a monograph from a jurisprudential and doctrinal research. In this perspective, the understanding adopted by the state courts and the superior court in relation to the scope of the applicability of collective environmental moral damage in face of the. In order to face this problem, we illustrate the importance of a new structure in the model of environmental civil liability, in order to internalize the new paradigm developed with the new risks that proliferate in a disorderly way, for which there is not yet the creation of significantly effective mechanisms for the protection of environmental protection. In view of this, we have made an in-depth analysis of the recent judgments regarding reparations in the face of risk, as well as moral damages, in such a way that we see the preponderance of understandings based on the status quo. It proposes, then, that the uncertainty prevails in the contemporary necessity, so that it is necessary to introduce forms of risk management, by consolidating the understanding that preventive and precautionary instruments should not be treated in a secondary way , but on the contrary, they should be used as parameters for the adoption of measures that mitigate risks, as well as proposals that provide an effective communication channel between civil society for the performance of decision-making programs. Finally, it has been demonstrated that modernity must apply civil responsibility as a model for the future, in order to achieve the effective preservation of environmental law.
A responsabilidade civil no tratamento de dados pessoais de consumidores nos contratos de e-commerce à luz da Lei Geral de Proteção de Dados (Lei n. 13.709/2018)
(Centro Universitário do Estado do Pará, 2019-06-13) Oliveira, Ana Beatriz Henriques de; Soares, Dennis Verbicaro; Oliveira, Felipe Guimarães de
The main purpose of this study was to elucidate the way in which civil liability derives from the processing of personal data in e-commerce’s consumer contracts, based on the General Law on Data Protection (GLDP), leading to questions essential to the understanding of legal protection of personal data, its treatment and the numerous infringements of rights to the holders. This is a monograph, derived from the analysis of the provisions of Law no 13,709/ 2018 and a bibliographical research, developed through the reading of books, scientific articles and news published in mass media, used to reiterate the relevance of this topic to the present. In this research, the consumer's situation in electronic commerce was investigated, starting from the contextual analysis of information technologies and their social, political and economic impacts. The main forms of data processing, as well as the fundamental rights violated by these practices, were also illustrated. Then, the issue of the Right to Privacy and the situational vulnerability of the consumer opposite information technologies was portrayed. Therefore, it was sought to elucidate the indispensability of the legal protection of data, brushing how it was developed, making it possible to point out the main sources of influence for the construction of specific national legislation on this area. Subsequently, the most basic aspects of the General Data Protection Law were verified, highlighting its innovative character. Finally, the importance of the civil liability institute for e-commerce was shown, by means of the analysis of the GLPD provisions related to this subject, so that a necessary combination of factors has been demonstrated, such as: the National Authority for the Protection of Data (ANPD); the obedience to the diverse legislative and principles sources and the cultural adequacy of the companies and agents of treatment in order to give effectiveness to the recently inaugurated general regime of Brazilian data protection.