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Item Violações ao direito à desconexão: uma análise jurisprudencial(Centro Universitário do Estado do Pará, 2023) Sherring , Isabel Fernandes; Porto, Marcela Proença; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824This article aims to analyze the impacts that insufficient classification in Brazilian labor legislation has on the life of teleworkers. With technological advances, teleworking is expanding more and more, as it brings with it advantages that make this model different from traditional work models, such as flexible working hours. However, this flexibility causes harm to the employee, given the non-compliance with the worker's right to disconnect. The issue of this article raises the following question: how is the right to disconnect when teleworking is currently applied in Brazil to protect the physical and mental health of teleworkers? To resolve the problem, the method of research and bibliographic analysis and jurisprudence of the Regional Labor Courts was used. At the end of the article, it is concluded that the absence of laws that qualify the right to disconnection as a fundamental right of the worker, leads to precarious work, and an increase in exposure to mental and physical illnesses following excessive work linked to pressure for employer part. Therefore, it is necessary to debate the rules for this regime, with the aim of understanding how precariousness manifests itself through the use of this type of work, or even understanding whether it is, in itself, a form of precariousness.Item Mídias sociais e relações de consumo: desafios e perspectivas na proteção do consumidor nesse cenário(Centro Universitário do Estado do Pará, 2023) Liwanag, Glenn Edwin Santiago; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138The use of social media has become a common habit nowadays. In this sense, it is understood that the use of these media and the constant provision of users' images on their many profiles has meant that the legal foundations that protect the right to individuality, image preservation and other variety of actions are adapted to the changes that occur in the social environment, seeking to ensure that the preservation of image and the fundamental and individual rights of each person continue to be employed. The civil liability of digital influencers is related to their role as content providers for the public. In the context of the Brazilian Consumer Protection Code (CDC), influencers can be considered service providers, and consumers are the people who watch their videos, read their posts or in some way consume the content produced by them. According to the CDC, service providers are objectively liable for damages caused to consumers, regardless of fault. This means that if a digital influencer provides false, misleading, or inappropriate information or engages in any abusive practice that causes harm to consumers, he or she may be held liable for the damages caused. Understanding the need to defend such rights while simultaneously validating the necessary protection hypotheses for users who freely circulate in the virtual world, this paper seeks, based on a literature review, to discuss the use of social media, while also analyzing the preservation of individual and fundamental rights guaranteed in the constitutional charter. The marketing of products on social media has been occurring more and more naturally, and has made this a way of doing business over the last few years. This growing use of social media requires constant vigilance and respect for what is present in the Consumer Defense Code from all involved in this process, in order to ensure that, based on vigilance, the principles and rights of consumers are also respected in this form of consumption.Item Direito à desconexão e a Síndrome de Burnout: uma questão de saúde mental(Centro Universitário do Estado do Pará, 2023) Lobato Neto, Irval de Menezes; Moreira, Lia Di Karla Tavares; Cruz, Edson Junior Silva da; http://lattes.cnpq.br/0227617708373838In recent years, it has become increasingly important to study and debate issues that negatively affect the mental health of individuals in different aspects of life. Among these areas is the work environment, in which the subject spends a good part of his days exercising his work and from which he must have the right to disconnect at the end of the day. However, with the development of technology and the liquidity with which social changes began to occur, several professionals had to adapt to a form of digital work, in which the separation between workday and rest was extremely impaired. This excess of hours beyond the contractual one, linked to always being committed to the service, triggered an increase in the rates of mental illness among workers. In this sense, the present work aims to address the importance of ensuring employee protection and their right to disconnect from the work environment, in order to ensure care for their mental health.Item Supralegalidade: métodos de controle e julgamento(Centro Universitário do Estado do Pará, 2023) Lopes, Luiz Ricardo Oliveira; Lima, Lucas do Couto Gurjão Macedo; http://lattes.cnpq.br/5423158402903671The present study aims to analyze the institute of supra-legality in Brazil, the form how it is instituted and the historical context in which the legal system was inserted when the institute was conceived. Furthermore, aims to comprehend the consequences that a new hierarchical baseline can establish to the form of legislative organization and how the courts can operate to adapt and control the internal legislations through the already existing means, establishing what are the due competences and the consequences for these that came from the creation of supra-legality.Item A tutela do direito à desconexão e o teletrabalho: circunstâncias e reflexos à saúde do trabalhador(Centro Universitário do Estado do Pará, 2023) Picanço, Ariane Trajano Silva Viégas; Pereira, José Marcos Gonçalves; Pereira, Emília de Fátima da Silva Farinha; http://lattes.cnpq.br/1293396275281875The ebullition of new technologies has allowed innovation in the workplace, including efficiencies unthinkable for previous generations. The era of smartphones, tablets and notebooks has ensured the execution of tasks without the need for the wear and tear of physical displacement and facing barriers along the way from home to the company headquarters. However, being always online to meet goals has been enhanced to a worrying level all over the world, especially in Brazil. The right to disconnection still does not have a specific legislation in our legal system, making it difficult to preserve the worker's health. It is not only by having a chair and access to the Internet that the employee will deliver productivity, even less will keep his health in good condition if he persists in this pace. Therefore, this paper aims to analyze the protection of the right to disconnection from the reflexes to the worker's health inserted in the regime of telework, starting from the problem of hyperconnectivity, describing the existing policies in France and, finally, exploring both the physical and psychological effects caused to workers. Because the phenomenon is still under development, the research has an exploratory character; qualitative, since it starts from an interpretation of the link between the right to disconnection and the consequences to health, besides being a bibliographical research in academic articles and national and international legislations. The research results in theunderstanding that Brazil still lacks progress in relation to the theme, in order to mitigate the consequences to the health of the teleworker.Item Análise crítica da lei nº 11.343 de 23 de agosto de 2006 (Lei de drogas) sob o prisma dos princípios penais constitucionais(Centro Universitário do Estado do Pará, 2022) Santo, Carlos Augusto Ayres; Araújo Filho, Luiz Fernando Lobato; Silva, Adrian Barbosa e; http://lattes.cnpq.br/7970641455074001This monograph looks to analyze the Brazilian drugs law critically, under the constitutional criminal principles, aiming to promote and base a reflection about its inadequation with those principles. For that, were made the historic contextualization explaining the development of prohibitionism, followed by the analysis of the law’s legal foundations, a brief concept about the constitutional criminal principles based in multiple authors and finally the critical analysis of the drugs law. The used methodology is the analytical, critical and bibliographic.Item O agravamento da vulnerabilidade do consumidor no âmbito de instituições financeiras digitais e o incremento de fraudes bancárias no Brasil(Centro Universitário do Estado do Pará, 2023) Melo, Gabriel Araújo; Corrêa, Luiza Nina Avelar; Oliveira, Felipe Guimarães de; http://lattes.cnpq.br/0580891033779138The general objective of this study is to analyze the banking system in terms of customer relationships with remote service (self-service) and the innovation process that banks are being forced to carry out to inhibit electronic fraud, in order to reduce financial losses. In addition, it is intended to establish the link between consumer vulnerability to digital financial institutions, as well as their hyposufficiency in this market economy. The methodology adopted for this study is a bibliographical, exploratory/qualitative review. At the end of this study, it can be observed that, with the inclusion of new communication technologies, especially in consolidated services in the field of the Internet, commercial relations began to adopt new configurations in order to meet specific demands, as in the case of the marketing context that encompasses banking institutions and their relationship with their customers. Faced with the diversity of transactions offered through the virtual channel and the consequent investments made in security, bank fraud has made banking institutions rethink their procedures in terms of innovation, seeking technological tools that give back to the user the security of using these services through the Internet.Item A responsabilidade civil e os mecanismos legais de proteção dos recursos hídricos nacionais(Centro Universitário do Estado do Pará, 2022) Silva, Carlos Eduardo Franco da; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660About 70% of our planet's surface is made up of water. However, water is a finite natural resource. The increase in industrial activity and the consequent population growth have caused the increase in consumption and water waste to reach very high levels. Thus, starting from an exploratory qualitative bibliographical research, the present study aims to present civil liability and the legal framework that protects water resources in Brazil. By giving a satisfactory conclusion to the problem that guided the efforts made in the research, the work proves to be relevant both for the academic and professional field and for society, since understanding the legislation that covers this theme is essential, after all, a new approach to water as a A strategic natural resource, no longer seen as an infinitely abundant commodity, has gained a significant profile. However, the conclusions obtained were that, unfortunately, the fight for the regulated use of the most valuable natural resource, unfortunately, is not seen with the necessary intensity. In addition to legal protection, society needs to have the proper awareness to make good use of.Item Os requisitos de validade do negócio jurídico nos contratos eletrônicos: uma análise a partir da jurisprudência do Superior Tribunal de Justiça(Centro Universitário do Estado do Pará, 2023) Menezes, Dionísio Matheus Reis; Dias, Jean Carlos; http://lattes.cnpq.br/3343295176890460The advent of the digital era and rapid technological evolution have significantly altered the dynamics of legal business, with electronic contracts standing out as a central element of this transformation. As they are formalized instruments in the digital environment, a range of legal questions arise regarding the singularities of this business model and its compatibility with traditional legal business models, as stated in the Civil Code of 2002. In the meantime, the present work aims to analyze the legitimacy of electronic contracts in the national legal system, verifying their consonance with the infraconstitutional norms regarding Contract Law and the jurisprudence of the Superior Court of Justice (STJ) in the last five years. Methodologically, the research started from a hypothetical-deductive perspective, with qualitative approach, and focused on bibliographical, documentary and case study procedures, specifically normative acts, judgments of the STJ and specialized doctrine regarding contract law.Item A utilização de valores pessoais nas decisões judiciais e a insegurança jurídica no Brasil(Centro Universitário do Estado do Pará, 2022) Duarte, Giovanni Paes; Mendes Filho, Sérgio Fiuza de Mello; http://lattes.cnpq.br/8831943449726262The research aims to analyze legal decisions in Brazil, debating their foundations using mainly Ronald Dworkin's view on the subject and concrete cases, demonstrating that the lawyer is often at the mercy of the judge's personal values and, even in the view of a philosopher who has a non-restrictive interpretation of the law would be far from sharing the view of the Brazilian judiciary. The sources of the methodology used were research on doctrine, scientific articles, legislation and Brazilian jurisprudence. The conclusion of the study is the demonstration of the need to change the thinking of the Brazilian judiciary, making them not want to change the existing law and, yes, apply the existing law to the concrete case.Item STF e opinião pública: como o populismo judicial estruturou decisões da Corte no curso da operação Lava Jato(Centro Universitário do Estado do Pará, 2022) Rocha, Gustavo Sousa Pantoja da; Mendes Filho, Sérgio Fiuza de Mello; ttp://lattes.cnpq.br/8831943449726262The presente paper conducts a study on the development of judicial populismo and the problems involving its manifestation in the Supreme Federal Court, in the period of the “Lava Jato” operation. For this, it develops a broad historical survey on the emergence of constitutional courts to the establish an analysis of the role of the Supreme Court in Brazilian constitutional jurisdiction. Then, it discusses the concepts of political and judicial populism to, finally, verify its manifestations in court decisions.Item Impactos da Lei Seca (11.705/08) no embate a embriaguez ao volante no Brasil(Centro Universitário do Estado do Pará, 2022) Pinto Filho, Heitor de Araújo; Fontoura, Lorena Sena; Lima, Lucas do Couto Gurjão Macedo; http://lattes.cnpq.br/5423158402903671In Brazil, the high rates of traffic accidents, with fatalities or serious injuries, in many of them, the main culprit was the combination of alcohol and driving. Due to the enormous disruption that these drivers caused to the community, something had to be done, since there was no broad supervision, until June 19, 2008, when Law 11.705/2008, commonly known as Lei Seca, was created to reduce the rates of deaths and accidents on Brazilian highways.Item Naufrágio do Haidar: a inadequação da prática do sistema multiportas no Brasil(Centro Universitário do Estado do Pará, 2022) Bastos, Hylggner Kyrios Moura; Souza, Jessyca Fonseca; http://lattes.cnpq.br/2431473660250489The multi-port system in Brazil, even theoretically strengthened, still lacks recognition of its applicability in specific cases. The idea of a Multi-door Courthouse System aims to develop broader and more appropriate dispute resolution opportunities. Thus, modalities such as arbitration, conciliation and mediation, which must be present for an adequate functioning of the idea of Justice in the country, may gain great incentive. From this perspective, through the specific case of the Haidar Shipwreck, an inadequacy of the practice of the multi-door system in Brazil was demonstrated from an inductive methodology, corroborated by documental research with specific bibliographies on the subject.Item Os atos antidemocráticos e as eleições gerais de 2022: a liberdade de expressão em xeque(Centro Universitário do Estado do Pará, 2023) Mercês, Andrey Colares das; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902This article brings some reflections on the (anti)democratic context of the period of the general elections that took place in the year 2022, from the perspective of some severe shocks caused in the structure of the Brazilian Democratic State of Law, especially with regard to the demonstrations that occurred during the electoral process and after the results of the polls. In this way, it is understood that one of the pillars of essential support and formation of the principled basis of our democracy, is freedom of expression, a right recognized as fundamental by Democracy, which, entitled by all those who are in our State , cannot be exercised in an unrestrained and even unlimited way by any of us. That said, from the moment that, in the supposed exercise of our political freedoms, such as freedom of expression, we assume that their nature is absolute, we put in check, which is one of the axioms of democracy in our country, in addition to confronting the Majority Principle regarding the legitimate outcome of the polls. The work is developed from the context of democracy and its institutional framework as the main source of a Democratic State of Law, bringing to the discussion theoretical foundations and legal literature that strengthen the (anti)democratic, and even criminal, sense of such acts. The conclusion derives from crimes and reasonable developments in the context, striving for coherence between democracy and the true meaning of political and party manifestation.Item Direitos humanos, cárcere e tortura: uma análise crítica da atuação da força-tarefa de intervenção penitenciária após o massacre no presídio de Altamira em 2019(Centro Universitário do Estado do Pará, 2023) Miranda Júnior, Carlos Egger Carvalho; Souza, Fábio Natel Louzada de; Lima Filho, Eduardo Neves; http://lattes.cnpq.br/6648186048235225This study presents a critical analysis of the performance of the PenitentiaryIntervention Task Force (FTIP) following the massacre at the Altamira prison in 2019. The objective is to assess the extent to which the FTIP's intervention in the state's prisons, following the Altamira incident, was effective in ensuring proper management of the penitentiary system in Pará. The article examines the prison system in Pará, provides an overview of the Altamira massacre in 2019, and analyzes a report from a commission that visited the prisons. The deductive method is employed, with a qualitative theoretical and empirical study approach. The research technique involves bibliographical and documentary analysis. In summary, it is concluded that the Brazilian state is inefficient in the management of the penal system, resulting in a lack of inmate reintegration into society. Society needs to demand effective measures for social reintegration and the expansion of decriminalization measures to reduce the prison population. Furthermore, it was observed that the Penitentiary Intervention Task Force in Pará was ineffective and violated constitutional guarantees. The arrival of the task force reinforced harmful stereotypes, and the victims of the Altamira massacre did not receive justice due to the conduct of the government.Item Os elementos indispensáveis à tipificação do direito à desconexão no Brasil(Centro Universitário do Estado do Pará, 2023) Moraes Júnior, José Carlos Freitas; Moreira, Allan Gomes; http://lattes.cnpq.br/1014260564395824This article addresses the Right to Disconnect, an emerging theme in the face of digital transformations and remote work. The study examines the evolution of work, Brazilian legislation, including labor reform, and the influence of the pandemic on the labor context. The research investigates the normative framework, highlighting the non-ratification of ILO (International Labour Organization) Convention 177 and the absence of specific legislation for the Right to Disconnect. Adopting a critical approach, the analysis explores jurisprudence to understand the practical application of this right. The methodology involves a literature review using primary and secondary sources, as well as jurisprudential research. It is concluded that, although essential, the Right to Disconnect lacks clear legal support, necessitating more effective measures.Item Relação da Lei 11.340/06 e Lei 9.099/95 e os impactos da não aplicação da suspensão condicional do processo(Centro Universitário do Estado do Pará, 2023) Mourão Neto, Omar Corrêa; Sousa, Leonardo de Dã Sampaio; Teixeira, Yuri Ygor Serra; http://lattes.cnpq.br/3463010845223386Law 11.340/06 was responsible for creating mechanisms aimed at curbing domestic and family violence against women, providing for the creation of courts for Domestic and Family Violence against Women, thus amending the Code of Criminal Procedure, the Penal Code, and the Penal Enforcement Law. The Law 9.099/95 aims to regulate the provisions of item I of Article 98 of the Federal Constitution, bringing changes to the material and procedural legal system in favor of modifications to depenalizing measures, through civil composition of damages, transition and surplus, that could contribute to the application of speed to solve the problem, effecting a response to the victim and society. In turn, Law 11.340/06, in its article 41, ended up prohibiting the application of Law 9.099/95, in cases determined for domestic and family violence against women. The objective of this article was to analyze the relationship between Law 11.340/06 and Law 9.099/95, and discuss the conditional suspension of the proceedings under Law 11.340/06. Methodologically, articles from scientific journals and newspapers, official publications in Brazilian government dailies, and electronic searches of Internet databases such as Scientific Electronic Library Online (SCIELO), EMBASE, Google Scholar, and Capes Periodicals were used. We conclude that the decision to prohibit the application of Law 9.099/95 in cases of violence against women was correct, as well as to analyze that applying such a measure is to benefit the aggressors with measures that would depersonalize Law 11.340/06.Item O direito pelo olhar da literatura: indivíduo e autoridade em “O Castelo” de Franz Kafka(Centro Universitário do Estado do Pará, 2023) Oliveira, Bárbara Leray Brabo de; Mendes Filho, Sérgio Fiuza de Mello; http://lattes.cnpq.br/8831943449726262This article seeks to carry out an in-depth analysis of how the vast world of literature can help to better understand the law, which has its complexities and particularities, as well as discussing the way in which literature helps the reader to reflect on some themes that are always present in man´s life, such as the conflit with the monopoly of power that always existed since antiquity. Therefore, in this line of reasoning, the intention is to highlight how literature is an essential tool for the construction of critical thinking regarding social and necessary reality, in terms of rethinking the legal phenomenon and in light of this, among so many writers, the author Franz Kafka was chosen for its genius in articulating the way in which legal fictions illustrate some problems that occurs between the law and the citizen. This author's book The Castle was indicated as the focus of his works as it represents a legacy and culmination of his writing in literary fiction. To this end, the methodology of bibliographical research was used in this article, as well as analysis, reflection and interpretation, in which several readings relevant to the subject were added, such as articles and books.Item O problema do judiciário em relação às demandas de inventário: em que medida a desjudicialização do inventário importará numa maior satisfação do jurisdicionado(Centro Universitário do Estado do Pará, 2023) Oliveira, Maria de Lourdes Penante Costa; Borsatto, Rafaella Galvão de Oliveira; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040This article demonstrates the importance of dejudicialization of inventory processes in order to avoid damages for those under jurisdiction. The culture of judicialization causes thousands of people to seek judicial inventory as the only means of conflict resolution. It turns out that this practice does not cause problems for the judiciary with the congestion of demands, but it also causes damage to the jurisdiction that will have to wait longer, resulting in more expenses, so that I can conclude their process. The dejudicialization emerged with the intention of making the inventory procedure faster, making life easier for the jurisdictional. The study was carried out through books, academic articles, official websites of the Federal Government, CNJ resolutions, Federal Constitution, Civil Code, Code of Civil Procedure and specific Brazilian legislation.Item Implementação da LGPD na área da saúde: impactos e desafios(Centro Universitário do Estado do Pará, 2023) Pantoja, Augusto Vinicius Moraes; Melo, Paulo Vitor Barra; Ramalho, Amanda Maia; http://lattes.cnpq.br/5447190229339912This study analyzes the impacts and challenges of implementing the General Data Protection Law (LGPD) in healthcare in Brazil, through a literature review on the subject. The theoretical framework addresses the principles, fundamentals and rights guaranteed by LGPD, in addition to specific requirements for health insurance plans and the management of sensitive data. The analysis reveals difficulties such as investments in technology, cultural changes and data complexity. The conclusions bring recommendations for adequacy to LGPD in the health sector, highlighting opportunities such as innovation, transparency and trust. The study contributes to the understanding of regulatory and practical challenges of data protection in healthcare.