Navegando por Autor "Braga, Taís Batista Fernandes"

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O direito ao trabalho dos migrantes venezuelanos e a busca da dignidade perdida: a importância das éticas da hospitalidade e do cuidado
(Universidade do Estado do Amazonas, 2020-04-01) Justiniano, Jeibson dos Santos; Braga, Taís Batista Fernandes
Abstract: In the globalized world, tensions take on new features and escalate in contexts of political, economic and social crisis. This research has as it theme International migrations between the cosmopolitan, the ethics of hospitality and the encounter with the “other”. In order to establish a dialogue with Line 3 – History, Power and Freedom of the Postgraduate Program, Doctorate in Law, Federal University of Minas Gerais, the reception of the migrant Foreigner was analyzed from the perspective of Law, to work as na instrumento f dignity of the human person. In addition to authoritative doctrine, the study encompasses international domestic legislative instruments, the jurisprudence of Superior Labor Court and reports issued by na international body aimed at enforcing migrants’rigths. It was noted that theprotection that should be granted to foreigners, as migrants, must go beyond the elaboration of legal assurance instruments, as well as facilitating access to identification documents in the receiving country, without prejudice to the guarantee rights to the migrant who does not yet have, such as the work card and social security. This fact cannot be used for the precariousness of working conditions, nor for vilifying the dignity of the migrant. A welcoming policy based on an etic of hospitality must be adopted. Key-Words: Migration, Crisis In Venezuela, Rights to Work, Dignity, Hospitality Ethics and Care Theory.
Direito fundamental à educação: a inclusão escolar da pessoa com deficiência
(Universidade do Estado do Amazonas, 2019-02-07) Neves, Luciano Oliveira Azevedo; Braga, Taís Batista Fernandes; Lima, Neuton Alves de; Feitoza, Antonio Lucas
The present study aims to verify the barriers to the inclusion of students with disabilities in the regular education system and, consequently, to the realization of their fundamental right to education, through the analysis of the social reality of Brazilian legislation against the protective legislative framework on the theme. To this end, we analyze the historical course of educational provision for people with disabilities, addressing the first educational experiences developed, the institutionalization, the emergence of schools and special classes, the proposals for school integration and, finally, the concept of inclusive education. educational model that seeks to achieve effectively today. Also, the legislation on the right to education of people with disabilities is presented, from the first Brazilian Constitution to the Statute of the Disabled, enacted in 2015, exposing the main social, material, pedagogical and financial barriers found in schools, that lead to the ineffectiveness of Brazilian law. The method of approach adopted is the deductive and the monographic procedure, with the use of documentary and bibliographical research.
Judicialização da Saúde e a efetivação do Direito Fundamental
(Universidade do Estado do Amazonas, 2018-12-12) Monsores, Ricardo Gomes; Braga, Taís Batista Fernandes; Aguiar, Denison Melo de; Guimarães, Anselmo Cavalcante
This paper aims to demonstrate and conceptualize the right to health as a right fundamental, the historical, social and political context by which passed, as well as identifies the social ills of each epoch. Expose themselves to division of fundamental rights into dimensions or generations, thereby demonstrating form the normative content of each and locating the dimension to which the right to health has been inserted at the international level. At national level we analyze the context history of public health in the country and its evolution to contemporary times, where the Unified Health System is located, how it was implemented and its implementation challenges. With some flaws in the system, we noticed the Health Judicialization phenomenon, being an outlet found by the SUS users / patients for the realization of their right to health. Yet, there are some negative reflexes in this social and legal phenomenon that will be analyzed and as well as procedural aspects of extreme relevance. THE The research methodology used in this work was bibliographic, deductive and qualitative. It is concluded that judicialization is a legitimate social movement and that the Judiciary is not usurping the competence of the other Powers, but judicialization does not extend fundamental rights, it restricts them in to the extent that mostly individual processes need to be of the money that should be passed on to public policies collective health In addition, most court proceedings use the emergency guardian institute to fulfill this requirement if right of extreme social relevance.
Natureza jurídica dos recursos vertidos nas entidades fechadas de Previdência Complementar tomando como base a estrutura fiscalizatória e a forma de retirada
(Universidade do Estado do Amazonas, 2018-12-14) Leite, Saymon Cesar de Azevedo Ferreira; Braga, Taís Batista Fernandes; Aguiar, Denison Melo de; Távora, Ygor
With the theme “Legal Nature of Resources Reverted in Closed Supplementary Pension Entities”, this paper aims to address how to Supplementary Pension, especially regarding closed. In this regard, a priori a brief survey will be made on the historical aspects of Social Security in general and its aspects, after the study continues, but giving more visibility to the distinctions between the Pension be it Private, Complementary or Supplementary, this time which will result in the last point where we sought to investigate the legal nature of the appeals perceived to be and how the courts have been interpreting such a possibility.
O neo Direito Privado Administrativo ante a atuação da Administração Pública com o setor Privado
(Universidade do Estado do Amazonas, 2018-11-29) Holanda, Karinna da Costa Sabino; Ribeiro, Gláucia Maria Araújo; Braga, Taís Batista Fernandes; Lima, Neuton Alves de
This is an analysis of the evolution of Brazilian Administrative Law focusing on the current managerial administrative model that allowed greater openness to the increasing use of private law instruments. The theme itself is from of great relevance, since the decisions emanating from the State are of collective interest in what concerns partnerships with the private body for the delivery of public services with a view to that the state is unable to meet all the demands of which it is responsible. THE The approach chosen is historiographic, doctrinal and legal, with the purpose of specifying the evolution, concepts and boundaries known peacefully by the doctrine and laws revolving around the institutes in question. The result of this study showed that there are various hypotheses in which the Administration may act under the private law regime, since uses both its own institutes of public law and its own institutes of private law, due to the construction of the administrative law that occurred through the direct transposition of institutes of civil law, intensified by the Management phase that the Public Administration currently experiencing and the process of diffusion of administrative law. It's fundamental understand the evolution of Administrative Law and note that the authoritarian view that divided and separated the public from the private is no longer stiffened, on the contrary, it is ventilated according to need for public administration by private law institutes.
O Sistema Remuneratório dos servidores públicos sob a perspectiva do Supremo Tribunal Federal
(Universidade do Estado do Amazonas, 2018-11-29) Oliveira, Pedro Henrique Corrêa de; Ribeiro, Gláucia Maria Araújo; Braga, Taís Batista Fernandes; Lima, Lorena Pinheiro Costa
Introduction. The paper presents the main aspects and characteristics of the remuneration system of civil servants after the administrative reform carried out by Constitutional Amendment (EC) No. 19/98, from the perspective of the Federal Supreme Court (STF). The theoretical framework is composed by the decisions of this Court, as well as the doctrinal understanding of professors and researchers in Administrative Law. Justification This work is justified by the competent approach and the contextualized and updated view of the Supreme on the issues related to the remuneration of civil servants. Methodological strategy. We seek to explore the bibliographic research, because it is essential to understand doctrinal about the subject, as well as the jurisprudence of the Supreme Court to corroborate the understanding of the subject and adapt it to the present day. Results The Supreme is increasingly seeking to update its understanding as the controversies and difficulties arising from the changes brought about by EC No. 19/98 affect the civil servant's daily life. Conclusion. The interest in solving the doubts of public servants about their remuneration makes the STF increasingly produce decisions capable of introducing a broad and contextualized knowledge with the daily life of civil servants.
Violência moral obstétrica no processo gestacional, de parto e abortamento e o amparo da mulher no ordenamento jurídico brasileiro
(Universidade do Estado do Amazonas, 2018-11-30) Lima, Anne Caroline Amaral de; Albuquerque, Ricardo Tavares de; Braga, Taís Batista Fernandes; Barbosa, Kyara Trindade
Discuss In this paper I work on obstetric violence in its theoretical, legislative and practical dimensions. Thus, it analyzes obstetric violence, characterizing it mainly in its of moral violence from the legal point of view, pointing out the acts considered to be d psychic ignorance of women perpetrated by health professionals in the gestational process, childbirth and abortion, confronting the way in which care should be performed humanized. It also addresses the position of the Brazilian legal system in relation to this violence against women, highlighting the consequences of the treatment given by the legislation constitutional and infraconstitutional and by the Brazilian courts. The work points out the structural difficulties of the hospital establishments, the personal and professional formation and the very impunity of these acts as possible causes for this type of violenceviolence. That said, the law is an instrument of great importance in favor of feminist struggles for the proper recognition and combat of obstetric violence as a kind of violence against women.