Navegando por Assunto "Tribunal Superior do Trabalho (Brasil)"

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A necessidade de regulamentação do direito à desconexão no ordenamento jurídico brasileiro: a utilização, como parâmetros, das legislações portuguesa e francesa
(Centro Universitário do Estado do Pará, 2024) Moreira, Larissa Cavalcante; Koury, Suzy Elizabeth Cavalcante; http://lattes.cnpq.br/5382551862867769; Reymão, Ana Elizabeth Neirão; http://lattes.cnpq.br/7523845838580356; Mesquita, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567
The present study aims to analyze the need for regulation of the right to disconnect for workers in the Brazilian legal system, starting from a Marxist perspective, according to which true human freedom begins with the reduction of working hours, a fundamental condition for employees to autonomously enjoy leisure time. As a hypothesis, it is argued that Portuguese and French legislations represent advancements in regulating the right to disconnect, particularly through establishing conditions via collective bargaining, which could serve as benchmarks for regulation in the Brazilian legal system. The choice to analyze these legislations is justified by the fact that French and Portuguese rights are part of the Roman-Germanic family, akin to Brazilian law, with significant similarities between the systems and notable progress in regulation on this issue. To achieve this objective, the study investigates the essentiality of non-working time for humans, based on historical struggles for reduced working hours; highlights key norms regarding the right to disconnect in Portuguese and French legislations; discusses the current state of the art of the right to disconnect in the Brazilian legal system; and examines the possibility of using Portuguese and French legislations as benchmarks. The methodology employed includes bibliographic research, focusing on legal books, publications, journals, and reports to provide theoretical support, as well as an analysis of jurisprudence from the Superior Labor Court on the matter. Additionally, a qualitative approach was taken to quantify the number of judgments rendered by the Court between 2018 and 2023, systematizing them into a database to analyze the arguments put forth by respective panels, totaling 102 judgments by the end of 2023 directly related to violations of the right to disconnect due to excessive working hours. The Brazilian legal system requires more robust legislation concerning the right to disconnect, drawing inspiration from French and Portuguese laws to create its own policies that ensure the right to disconnect, tailored to the Brazilian reality and labor market.
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.