Navegando por Autor "Justiniano, Jeibson dos Santos"

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As alterações promovidas na pensão por morte do regime geral de previdência social com a lei N° 13.135/2015 e emenda constitucional N° 103/2019 e suas relações com o princípio da vedação ao retrocesso social.
(Universidade do Estado do Amazonas, 2021-06-30) Oliveira, Anderson Fabiolo Cardoso de; Souza Júnior, Albefredo Melo de; Souza Júnior, Albefredo Melo de; Justiniano, Jeibson dos Santos; Braga, Tais Batista Fernandes
This article intends to address the changes suffered by the social security benefit of death pension, within the scope of the General Social Security System - RGPS, with Law No. 13.135/2015 (result of the conversion of MP No. 664/14) and Constitutional Amendment No. 103/2019 and its relations with the principle of prohibition of retrogression. The work was developed based on bibliographical research and support in national legislation and doctrine, discussing in a succinct way about: social security in Brazil and its organization in General Regime, the death pension and the main changes implemented with the publication of the legal norms discussed. Despite being positive for social security accounts and control over possible fraud in the granting of this benefit, it is concluded that these legislative changes generate restriction and even suppression of access to this fundamental social right that protects the family nucleus, when analyzed under the prism of the principle from prohibition to social regression.
Direito ambiental do trabalho: afirmação de uma sistemática de tutela específica
(Universidade do Estado do Amazonas, 2014-02-10) Justiniano, Jeibson dos Santos; Mota, Maria Nazareth Vasques; Mota, Maria Nazareth Vasques; Melo, Sandro Nahmias; Marques, José Roque Nunes
The work environment is specific mention in the text of the Constitution of 1988. This work aims to seek for comprehensive protection of the environment of work, according to a holistic view, paying attention to the specifics necessary able to protect the human worker in the workplace or working conditions which may degrading their health. There is no doubt that standards of health, hygiene and safety, should be applied to all workers, regardless of legal relationship to which it is subjected, including that linked to a statutory legal relationship with the Public Administration. The present study was based on deductive research based analysis of national and international legislation on environmental protection work, the literature of environmental issues, in addition to assessing the consequences of the decisions of the Supreme Court of the collective actions have as object the requirement of compliance with environmental work by the Government. From this analysis, came to the conclusion that there is a notorious lack, in most cases, the requirements and studies, environmental permitting of projects related to the health of the environment of work. Regardless of whether there is specific provision requiring the assessment of impacts at the time of installation of enterprises, working conditions, to which workers are subjected to the start of activities to be undertaken, the previous environmental impact studies should be performed contemplating the environment of work, because the weather in the Constitution that the environment of the work covers the environment, imposes no doubt that the environmental inspection agencies shall require technical reviews to ensure compliance and compliance with specific standards of protection environmental work. Thus, we emphasize the recognition of the need for specific protection to protect the environment of work place in which the human being spends much of his life and / or develop their service delivery through working conditions established by the policyholder services.
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.
Sistemática de tutela específica do direito ambiental do trabalho
(Universidade do Estado do Amazonas, 2019-01-16) Justiniano, Jeibson dos Santos
The proposed study in this paper focuses on the analysis of some of the main instruments and environmental management agencies that exist to promote the protection of health and the worker`s life, under the logic of prevention and precaution of risks and accidents at work. In this attempt the main objective of the research was to present a systematic of specific protection of the environmental right of the work. The specific objectives, in turn, focused on verifying how the prior inspection and interdiction works; the Program for the Prevention of Environmental Risks - PPRA; the Occupational Health Medical Control Program (PCMSO), in addition to analyzing the Specialized Services in Safety Engineering and Occupational Medicine - SESMT and the Internal Commission for the Prevention of Accidents - CIPA. The method adopted was deductive, articulated to indirect documentation and bibliographic research. At the end of the study, it is concluded that the instruments studied are valuable tools for the protection of the working environment, since this, by its very nature, demands the existence of a specific supervision system, capable of considering all the peculiarities that can be found in concrete situations.