Navegando por Autor "Melo, Sandro Nahmias"

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O adicional de penosidade e a de efetivação do direito humano fundamental ao meio ambiente do trabalho saudável
(Universidade do Estado do Amazonas, 2023-02-28) Ferreira, Magdalena Araujo Pereira; Silva, Tulio Macedo Rosa e; Melo, Sandro Nahmias; Boucinhas Filho, Jorge Cavalcanti
The present work aims to analyze the possibility of realizing the fundamental human right to a healthy work environment in the face of the lack of regulation of the additional hardship, provided for in art. 7, XXIII of the Brazilian Federal Constitution. To this end, general aspects of the environment and the legal nature of the work environment were analyzed, considering it as a fundamental human right and classifying it as a diffuse right of the 3rd dimension. The structuring principles of the work environment were addressed, with emphasis on the principles of human dignity, prevention and precaution for the environment, the polluter pays, sustainable development, as well as the apparent antinomy between the norms that determine the reduction of the risks inherent to work (art.7, XXII of the CRFB) with the possibility of remuneration for painful, unhealthy or dangerous work provided for constitutionally (art.7, XXIII, of the CRFB) and the question of the existence, validity and effectiveness of the legal norms and the horizontal effectiveness of fundamental rights. In addition, the norms for the protection of workers' health and safety were observed at the international level, with an analysis of the main ILO conventions (155 and 161), constitutional and infraconstitutional norms, which aim to eliminate risk and ensure a safe and secure work environment. In conclusion to the proposed problem, an analysis was presented on the lack of regulation of the additional hardship and the ways of realizing the fundamental human right to a healthy work environment. In conjunction with the study, the appreciation of the forms of perverse work (thus considered unhealthy, dangerous or painful activities), the projects to regulate the additional burden of hardship, the performance of the Judiciary and examples of painful activities, such as working in the sugar cane cutting, bus drivers and collectors and the public service of urban public cleaning. Thus, research on the subject is significant so that, under the norms and principles that govern environmental law, it is possible to outline paths that can guarantee a healthy quality of life for workers, regardless of the existence of ordinary laws regulating the aforementioned additional.
Amplitude do Conceito Jurídico de Futuras Gerações e do Respectivo Direito ao Meio Ambiente Ecologicamente Equilibrado
(Universidade do Estado do Amazonas, 2011-07-29) Ramos Júnior, Dempsey Pereira; Silveira, Edson Damas da; Silveira, Edson Damas da; Melo, Sandro Nahmias; Barbosa, Walmir de Albuquerque
This work deals with intergenerational legal relations instituted by article 225 of brazilian Federal Constitution. That legal provision launches, in brazilian environmental law, a kind of relation formed by intergenerational solidarity links, that connects different generations around the defense and preservation of the ecologically balanced environment duty. Within this theme, the work looks for the legal concept of future generations, presenting objective criterions able to define the frontiers that set apart a present generation from a past generation and a future generation. Considering that the mentioned constitutional provision refers to a fundamental right − ecologically balanced environment −, and that this right is assured both in favor of the present generation, as the future generations; there is a right colision in the intergenerational field. Before this problem, the work presents decision techniques, criterions and methods to resolve intergenerational rights colision, avoiding the annihilation of both parts‟ rights: present generation and future generations. As a method, the work makes use of an hypothetical nuclear accident case, supposedly ocurred in Brazil under the Federal Constitution of 1988, to exemplifies the amplitude of environmental damages caused against interests of future generations. Based upon official data produced by International Atomic Energy Agency, the work shows which solutions the brazilian legal order offers to a kinf of disaster whose effects can spread out along 310.608 years. The objective is to evidence the amplitude and the limit of future generations right. Before this hiperdilated time extention, typical of environmental matters, the work deals with an epsitemological problem known as environmental law time paradox. To resolve this problem, the work proposes the incorporation of space-time astrophysics concept by law theory, making use of the autopoietic systems theory, developed by Luhmann and Teubner. As result, a decision technique emerges at law disposal, able to conciliate the past, the present and the future, by means of transgenerational sentences.
Descentralização da Competência Da Gestão Ambiental No Amazonas: aspectos legais e práticos
(Universidade do Estado do Amazonas, 2011-09-16) Freitas, Laís Rejane de Carvalho; Petrere Júnior, Miguel; Petrere Júnior, Miguel; Melo, Sandro Nahmias; Garcia, Antônio de Pádua Nascimento
The strength of the Municipalist movement, which advocated greater powers and autonomy for municipalities, at the 1988 Brazilian Constitution, was responsible for the profile of the federal state which appears in the current Magna Carta, which reads that the Federative Republic of Brazil is "formed by the indissoluble union of states and municipalities and the Federal District." In fact, for the first time in the Brazilian constitutional history were provided to municipalities relevant assignments, including environmental matters. However, the competence of the three federal entities is mixed up, including with regard to the substantive jurisdiction of the municipalities, because in spite of the Constitution had assured them many tasks, it was not careful to predict the transfer of the financial and technical counterpart, necessary for the effective performing of all tasks that were granted. As a result, the performance of the Brazilian municipalities is shy, being not possible to give proper effect to all existing federal and regional programs, especially in environmental matters. A viable alternative to solve, but all at least in some sectors, the impossibility to implement the programs pertaining to the municipalities, consists in the cooperation between the members of the Federation, whether through partnerships or consortia, which even results in an increase of the sphere of influence of the local democracy.
Direito à desconexão e meio ambiente do trabalho
(Universidade do Estado do Amazonas, 2016-03-28) Leite, Karen Rosendo De Almeida; Melo, Sandro Nahmias; Silva Filho, Erivaldo Cavalcanti e; Gomes, Sebastião Marcelice; Melo, Sandro Nahmias
El trabajo tiene como objetivo presentar el impacto que la introducción de las nuevas tecnologías han causado en el ambiente de trabajo, que afecta a una serie de derechos garantizados por la Constitución. Para una mejor comprensión del tema, se tratan inicialmente el medio ambiente y el derecho ambiental, el derecho al desarrollo y el progreso tecnológico, haciendo una visión teórica necesaria para el análisis de la existencia de un derecho de desconectar, el derecho a desconectar del ambiente de trabajo, derecho considerado por el autor como fundamental y necesario a la protección de otros derechos garantizados por el ordenamiento constitucional. Por último, se presentaron propuestas de solución a el aparente conflicto entre el derecho a un medio ambiente equilibrado y el derecho al desarrollo, mientras la introducción de nuevas tecnologías y también se presenta el concepto de daño existencial y contextualizados como daño causado al ambiente de trabajo, con la introducción de las nuevas tecnologias, puede importar este tipo de daño.
O direito à sadia qualidade de vida e a síndrome de burnout enquadrada como doença ocupacional no Brasil
(Universidade do Estado do Amazonas, 24-02-22) Guimarães, Abraão Lucas Ferreira; Melo, Sandro Nahmias; Silva, Tulio Macedo Rosa e; Faria, Carolina Tupinambá
This study investigates burnout syndrome in Brazil and its classification as an occupational disease, exploring its causes, symptoms and consequences. Using a qualitative approach based on semi-structured analyses, organizational factors were identified, such as excessive workload and lack of institutional support, as well as individual factors, such as lack of skills to deal with stress, as the main triggers of burnout. The results revealed a significant prevalence of the syndrome among participants, with symptoms ranging from emotional exhaustion to depersonalization and low personal fulfillment. Furthermore, negative consequences were identified for the quality of patient care and the well-being of professionals. This study highlights the importance of multifaceted interventions, including organizational support, self-care programs and development of stress management skills, to mitigate the impact of burnout and promote mental health and quality of care, in which Brazilian legislation plays a crucial role. in preventing and caring for burnout, establishing limits on working hours and working hours, providing occupational health programs and promoting awareness on the topic.
O direito à saúde psíquica do trabalhador no meio ambiente do trabalho
(Universidade do Estado do Amazonas, 2008-10-31) Araújo, Kely Silva de; Melo, Sandro Nahmias; Melo, Sandro Nahmias; Saleme, Edson Ricardo; Dantas Júnior, Aldemiro Rezende
There is much discussion about the influence of work on quality of life of the worker. However, only since the Industrial Revolution is that the mental health has been considered important so that we can achieve a healthy work environment. The major concern was always with the physical health, or accident of the typical work and occupational diseases. Little is talked about as psychic attacks bullying, stress and depression, but they have always existed. The study of the subject is shown of great value because of the healthy working environment is a fundamental right, therefore, bound by its content, the right to life. And, as a fundamental right which is to be secured by constitutional guarantees among which is the public civil action. The bullying in the work environment has become as of any improper conduct tht infringes upon the dignity or psychological or physical integrity of a person, threatening their jobs or degrading the environment of work. Harassment can be in vertical (head-employed) or a horizontal (among workers). The bullying at work is one of the causes of stress and chronic stress leads to depression. The general aim of examining the legal means to protect the mental health of the employee, held an exploratory research, descriptive and explanatory. As was the means to search bibliographic and documentary. The public civil action, as security is fundamental, configures itself as the means capable of ensuring a balance in the environment of work. Ie, this action is the appropriate means to ensure minimum conditions of employment so that it is done without causing damage to physical and psychological health of the worker. Key words: Environment. Environment of the work. Mental health of the worker. Bullying. Stress. Depression. Public civil action.
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 desenvolvimento sustentável: os royalties de petróleo de Coari-Amazonas
(Universidade do Estado do Amazonas, 2006-07-28) Viana , Rejane da Silva; Melo, Sandro Nahmias; Sánchez Bravo, Álvaro A.; Melo, Sandro Nahmias; Sánchez Bravo, Álvaro A.; Camargo, Serguei Aily Franco de
The present work intended to demonstrate, that ahead of the extraordinary growth in prescriptions of royalties or financial compensations as a result of the exploration and production of oil and natural gas, a new scene begins to appear in the city of Coari in the State of Amazonas supporting the importance of these resources in its prescription confides. The work left of the Constitucional Law to the development and the perspectives for the Amazônia with the prospection of oil in the Basin of the Solimões. The main point of analysis will be to verify how these benefits are being used by the municipal administrations, the results of the investments, that already can be perceived. The adopted methodology was bibliographical consultation with survey and the analysis of social and financial facts of the city of Coari, adding information of the cities near by and using the pointers of human development and quality of life. Between the main results, it was gotten confirmation that royalties and special participations are important in the composition to the local governments offering the necessary resource for many investments, not being possible to determine its accurate use, or if verifying concrete actions for the promotion of a project of sustentabilidade and diversification of the local productive base. The use of royalties of form directed for the improvement in the quality of life of its habitants, justifies for the potential risk of ambient damages inherent to the activity of oil production and as form of indemnity for the exploration of resources you did not renew in order to prevent the economic decline being legitimate that such resources are used to make possible the potentialities of the region Words key: Amazônia; Sustainable development; Enviromental law; Royalties; Petrobras.
Direito ao reconhecimento das terras ocupadas por quilombolas em Manaus
(Universidade do Estado do Amazonas, 2016-08-18) Pontes, Aldrin Bentes; Melo, Sandro Nahmias; Melo, Sandro Nahmias; Silva Filho, Erivaldo Cavalcanti e; Rodrigues, Renan Albuquerque
This research Dissertation aims to bring a reflection on the official recognition of the lands occupied by quilombo in the state of Amazonas, but specifically in Manaus, in the Community of the Barranco de São Benedito, located in the district Square January 14, south of the capital area. It should be an analysis of the historical process of those community members who are remnants of slaves, coming mostly from Maranhão. The research will examine the right to collective ownership of the quilombos land, as the art. 68 of the Constitutional Provisions of the Brazilian Constitution ensures that the remaining quilombos who are occupying their lands are recognized definitive ownership, and the state must issue their bonds. The project is based on official documentary sources and oral accounts of the remaining themselves. These reports, which occur in the form of casual conversations, are important, since the documents and literature articles bring the idea that people Quilombos are isolated from society.
Direito ao trabalho das pessoas com deficiência e o contrato do teletrabalho previsto na lei 13.467/17
(Universidade do Estado do Amazonas, 2020-03-06) Hauache, Selma Thury Vieira Sá; Melo, Sandro Nahmias
his article addresses the right to work of people with disabilities when hiring teleworkers, as an inclusive alternative in new formal job openings, given the modern adaptive and assistive information technologies for workers. The study is about the new disciplinary legislation on telework, Law 13. 467/17 in relation to the national laws that deal with the disabled regarding the insertion in the labor market on the premise of social inclusion, accessibility and technological adaptations, without suppressing social rights. The new articles introduced in the Consolidation of Labor Laws referring to telework, by Law 13.467 / 17, are analyzed as a viable alternative for insertion in the productive environment of the disabled, not only to meet the quotas imposed on companies. This type of contracting is essentially characterized by the use of technologies, which must be assistive, adapted to the appropriate management, including furniture, with technical assistance and continues by the employer to the disabled to remove barriers, to whom it is necessary to grant a healthy environment. work that takes place away from the physical headquarters of the company. It is concluded that the new articles inserted in the Consolidation of Labor Laws, regarding teleworking are compatible with the legislation of the disabled, through the combination of the application of the most favorable rule, adoption of safety measures, hygiene, occupational health, accessibility physical and technological, removal of attitudinal and technological barriers, social inclusion and the employer's responsibility for the costs of the enterprise. With regard to the new rules of collective law that open up the flexibility of rights historically conquered, including teleworking in the exemplary role, it was concluded that it is incompatible with the legislation that supports the disabled, insofar as it imposes the prevalence of the negotiated over the legislated, limits the work of the Labor Judiciary to curb illegalities, defying the Democratic Rule of Law and the constitutional precept of Article 5, XXXV of the Constitution of the Republic of Brazil. Keywords: Equality. Non-Discrimination. Social inclusion. Accessibility and Assistive Technologies.
O direito de autodeterminação dos povos indígenas e a instrumentalização da consulta prévia, livre e informada, na Guatemala e no Brasil
(Universidade do Estado do Amazonas, 2016-11-17) Castro, Carla Judith Cetina; Melo, Sandro Nahmias
El derecho de pueblos indígenas avanzo considerablemente en los últimos años; la reivindicación de derechos como el acceso al territorio, salud, participación, autogobierno e específicamente la autodeterminación, son logros materializados tanto en normas internacionales como nacionales. A través del derecho de autodeterminación las comunidades indígenas han encontrado una forma de buscar su desenvolvimiento, respetando sus costumbres y tradiciones, aunque atravesando una serie de dificultades. El derecho de autodeterminación se ve materializado a través de la consulta previa, libre e informada, mecanismo por el cual las comunidades indígenas tienen el derecho fundamental de ser consultadas cuando una medida administrativa o legislativa les afectara directamente en su forma de vida, con el objetivo de lograr el consentimiento de estas. Por lo tanto la presente investigación consiste en un estudio comparado de la consulta previa, para lo cual fueron desarrollados en el primer capítulo conceptos sobre antropología, para poder entender la situación que guardan las comunidades indígenas dentro del imaginario nacional; en el segundo capítulo fue abordado el tratamiento que los Estados dan a los pueblos indígenas, es decir derechos de estos pueblos, para terminar en el tercer capítulo con un estudio comparado de la consulta previa, entre Guatemala y Brasil, analizando para esto legislación nacional e internacional, resoluciones de los máximos tribunales de justicia de cada país y doctrina que permitan responder la hipótesis de la presente investigación: a) Es obligación del Estado realizar la consulta previa, cuando una comunidad indígena pueda ser afectada directamente por una medida administrativa o legislativa? b) La consulta previa tiene carácter vinculante?; c) Cuales son las semejanzas y diferencias de la consulta previa entre Guatemala y Brasil?.
O direito urbanístico como instrumento de defesa ao meio ambiente: a construção de uma sadia qualidade de vida na cidade de Manaus
(Universidade do Estado do Amazonas, 2016-06-03) Scheffler, Stéfano Guimarães; Melo, Sandro Nahmias; Melo, Sandro Nahmias; Silva Filho, Erivaldo Cavalcanti e; Dias, Mônica Nazaré Picanço
Motivado únicamente por la satisfacción de sus necesidades y, supuestamente, por la búsqueda de una cómoda (pero no necesariamente sana) calidad de vida, la voluntad del hombre sobresale ya hace algunos siglos: deforestación, contaminación de aguas, calentamiento global, descubrimiento de la energía eléctrica, quema de combustibles fósiles, el acto de pavimentar y asfaltar las calles, construcciones en mampostería, terraplén de cuerpos de agua, desecho inadecuado de residuos sólidos, experimentos nucleares, entre muchos otros actos que damnifican al medio ambiente, son algunos de los ejemplos dados. El medioambiente, tratado por el hombre como si tuviera infinitos recursos y una interminable capacidad de recuperación, resiste a las embestidas. Se muestra en realidad debilitado, pero todavía existente. Omnipresente, ya demuestra su reacción a los ataques sufridos, lo que provoca que el hombre moderno, consciente de su vulnerabilidad, intente encontrar maneras de buscar una sana y sustentable calidad de vida. Esta tesis presenta como problemática el siguiente cuestionamiento: si la relación del hombre con el medioambiente es inevitable y debe estar guiada por el respeto reciproco, tanto en atención a las necesidades humanas como a los recursos finitos del medioambiente, ¿de qué manera el Derecho Urbanístico puede ser utilizado como herramienta para la construcción de una efectiva y sana calidad de vida? El objetivo general de la investigación es analizar este proceso de construcción - mediante la previa preservación del medioambiente, tal como lo prevé el artículo 225 de la Constitución de la República Federativa del Brasil – utilizándose, para tanto, de los elementos brindados por el Derecho Urbanístico, ciencia relativamente nueva, pero que condensa elementos que pueden tornar esta inevitable relación más benéfica para la humanidad y el medioambiente.
A garantia do conteúdo essencial do direito fundamental ao meio ambiente do trabalho equilibrado
(Universidade do Estado do Amazonas, 2007-12-07) Santos, Adelson Silva dos; Melo, Sandro Nahmias; Melo, Sandro Nahmias; Barbosa, Walmir de Albuquerque; Dantas Júnior, Aldemiro Rezende
This study addresses the recognition of the security of the essential content of the fundamental right to the environment of work in planning balanced constitutional Brazil. This is necessary because it does not e xplicitly guarantee the Federal Constitution. On the other hand, recognized the essential core of that fundamental right, created are the foundations for the emergence of environmental paradigm of the work the authority to worker's health. With this, the l egal protection to the health and safety of the worker acquires greater consistency, the application of objective responsibility of the employer, using collective procedures, transversality of environmental law, the criminal liability of legal entities, am ong others. This core essence, "heart" of the fundamental right to the environment of work health the other hand, can be proposed as a non -dangerous irreversible health and safety of the worker, a center axis formed by respect for their human dignity, to d ecent work, the adaptability of the environment of work and the supervision of their health and safety impact with cross in several legal institutes, such as accidents at work, and easing of labor laws. That agreement, the protection of your environment at work mean the effective supervision, preventive and sanction, health and safety of the worker. Keyword: Environment of work . Essential content of the right . Health and safety of worker.
Limites da intervenção jurisdicional nas políticas públicas ambientais
(Universidade do Estado do Amazonas, 2017-05-29) Gomes, Artur Amaral; Badr, Eid; Badr, Eid; Melo, Sandro Nahmias; Fernandes, Adriano Ferreira
The environmental crisis has been and continues to be the starting point of a series of changes which main purpose is to change the way man relates to the environment, transforming him into a true ecological subject and overcoming the idea that man is, above all, the owner of nature. To help in this phase of overcoming, the environmental issue has invaded the legal sector, forcing many legal systems to embrace it. In Brazil, the fundamental right to ecologically balanced environment present in the Federal Constitution of 1988 represents an important advance that still requires greater efforts to achieve an adequate and sufficient level of social efficiency. The formulation and implementation of environmental public policies is a field where the Brazilian Public Administration is still crawling and making mistakes, especially the incorrect balance between economic and environmental interests. Such “mistakes” amount to unconstitutionalities and illegalities that cannot last in a country that still has so much natural environment as Brazil. In order to repeal and correct such misconceptions, it is the responsibility of the Judiciary to carry out the control of environmental public policies, which implies a real judicial intervention in the political process, an activity that has become the target of innumerable criticisms and opposing arguments that try to reap the legitimacy of the jurisdictional action. However, although is possible to dismiss such allegations of violations, from them it is also possible to identify necessary limits to the Judiciary’s action in order to preserve the legitimacy of judicial control, which raises a discussion about the controversial judicial activism. The present work used the bibliographic research method to effectively evaluate the arguments against judicial intervention in the political process, as well as what limits can be drawn from such claims, initially addressing the environmental crisis, the role of man in it, the status of environmental law in Brazil and the clash between development and sustainability. Afterwards, an examination of what are environmental public policies and on what their effectiveness depends, as well as a brief exposition of the main Brazilian laws that provide guides for the State’s action. Next, an evaluation of the phenomenon of the judicialization of politics, duly accompanied by the main alleged violations that its fortification causes. Finally, an approach on the limits necessary for judicial intervention in the political process, highlighting the figure of judicial activism and the possibility of seeing it as something positive or negative, which depends on the State’s action to implement the social and environmental project that the Constitution presents. Keywords: Environment. Public policies. Judicial intervention.Judicial activism. Environmental law. PPGDA/UEA.
O princípio da busca da felicidade e o meio ambiente do trabalho
(Universidade do Estado do Amazonas, 2019-01-17) Melo, Sandro Nahmias; Ferreira, Marie Joan Nascimento
It is defended, in this study, that the idea of pursuit of happiness, inserted in the context of human rights, finds resonance in the right to healthy quality life in working environment established in the Constitution. It is also argued that the search for happiness can not be made possible without the guara ntee of a minimum social rights. In that way, every employee can and should pursuit happiness while developing their work activity, that is, in the working environment.
O Princípio da Precaução e o Meio Ambiente do Trabalho
(Universidade do Estado do Amazonas, 2011-04-11) Camargo, Thaísa Rodrigues Lustosa de; Melo, Sandro Nahmias; Melo , Sandro Nahmias; Damas, Edson; Dantas, . Aldemiro Rezende
This paper discusses the implementation of the precautionary principle to labor environment. The study was conducted through the analysis of international instruments and Brazilian legislation, and the structuring principles of environmental law, the concept and characteristics of the labor environment to achieve aspects of theoretical and practical applicability of precaution in the courts, based on analysis of jurisprudence and two case studies. In this context, it was found that precaution is one of the structuring principles of environmental law, not to be confused with the principle of prevention, although some authors still do not treat them as autonomous principles. It was noted that the law recognizes the precautionary principle, including its application to labor environment, despite having been found minor jurisprudence and terminological inaccuracies indicating some confusion between precaution and prevention. In the end, it was concluded that the application of the precautionary principle to the protection of labor environment is already a reality in Brazilian courts and essential for: healthy environment, health, safety and worker's life.
O princípio da prevenção e a responsabilidade civil por danos ao meio ambiente do trabalho
(Universidade do Estado do Amazonas, 2012-07-25) Silva, Andrea Mazzaro de Souza Fiuza e; Melo, Sandro Nahmias; Melo, Sandro Nahmias; Camargo, Serguei Aily Franco de; Braga, Mauro Augusto Ponce de Leão
This paper discusses the application of the principle of prevention and responsibility civil object for damages to the work environment. The study was conducted by analyzing the Brazilian legislation and doctrine, notably through the study of the concept environment, the structuring principles of environmental law and environmental features of the work to achieve it the applicability of the principle of prevention as well as institute of randomly occurring damage liability arising from the imbalance of the conditions in working environment. In this context, it was found that the prevention principle, is considered fundamental principle of environmental law, not to be confused with the precautionary principle, and autonomous principles. In this context, the lack of employer's duty of care, which causes damage to the employee, shall give rise to civil liability for damages to the work environment, which in the case of aspect of the environment, responsibility civil will be applied objectively, ensuring greater protection health, safety and lives of workers. It was found that the law recognizes the application of responsibility civil object for damages to the work environment, before the damage to life and health of workers. Keys-word: Prevention Principle. Environment Work. Damage. Responsibility civil objective
Princípio da prevenção e o meio ambiente do trabalho dos portuários de Manaus
(Universidade do Estado do Amazonas, 2019-08-29) Costa, Rodrigo Machado Cabral Da; Melo, Sandro Nahmias; Melo, Sandro Nahmias; Braga, Mauro Augusto Ponce de Leão; Gomes, Sebastião Marcelice
This paper aims to address the issues concerning the prevention of labor environmental risks to which dockworkers of Manaus are exposed. It is necessary to establish a conceptualization aspect of working environment, applying the principles of environmental law and the rules of hygiene, health and safety protection of the human being in the workplace. Based on deductive research, this work of the domestic and international analysis on the working environment, environmental doctrine and labor environment, the structural principles of environmental law, the concept and characteristics of the working environment, to achieve aspects the theoretical and practical applicability of prevention in the working environment, as well as the jurisprudence examination of the Brazilian Courts and specific study on the Public Port of Manaus. The conclusion, made the above-mentioned analysis, is that the prevention principle is little adopted by the organs of supervision and compliance with environmental and labor standards as well as by port operators, which allow and impose an employment practice which means it has extremely hostile, with exposure of port workers, regardless of the legal relationship to which they are subjected to harmful agents to your health. The incisive performance of public and private agencies through legal and administrative instruments made available by the Brazilian legal order must be a constant in the environment of manauaras ports, whose rates of accidents, diseases or risk exposures reach alarming numbers. Thus, it is to recognize the need for specific protection to protect the work environment of the dockworkers of Manaus city, with the effective application of the principle of prevention, so that to preserve the life and health of these workers.
O princípio do poluidor-pagador e o meio ambiente de trabalho
(Universidade do Estado do Amazonas, 2012-11-09) Torres, Rodrigo Araújo; Melo, Sandro Nahmias; Melo, Sandro Nahmias; Braga, Mauro Augusto de Ponce Leão; Camargo, Serguei Aily Franco de
As the beginning of the industrial process, on the second half of the 18th Century, due to the Industrial Revolution, which arise initially in England, triggering the manufacturing by mass production. New technology applied on machinery capable of accelerating the making of new products released a good feeling on people, not only because of consume potential, but also due to the great amount of industrial products, at affordable prices, giving cause to scarcity of natural resources and, also, afflicted serious problems to workers, for not having any ideas on the risks incurred of working with machinery applied for production, completely unconnected with the safety of their operators. A different range of conflicts developed branches of law regarding to the present research: labor law and environmental law. Along the deployment of environmental law, from the United Nations Conference in 1972, in Stockholm/ Sweden, and in Rio de Janeiro/ Brazil, in 1992, as an autonomous subject within the law, with its specificities and connection with other legal disciplines, has noticed that the concepts and standards usually thought of as genuinely labor may actually be rules and concepts applications of environmental law. This research aims to conduct this analysis, checking whether the additional health and safety arising from the unhealthiness of the Polluter Payer Principle, and the provision of Personal Protective Equipment. The 1988 Federal Constitution provides the legal basis for both branches of Law in question: in its 7th article it bases workers' rights, whereas the article 225th, provides that an ecologically balanced environment is essential to a healthy quality of life. Since the environment is one and indivisible, the work environment is inserted in this context. Also, it appears that life referred to the article under discussion is human, marking thus the philosophical reasoning followed in this study, which is anthropocentric. The Polluter Payer Principle, disposed in § 3rd of Article 225 of FC/88, searches environmental pollution in the production process costs, avoiding the implementation of such to society. We conclude that the Polluter Pays Principle is applied in labor law, perceiving its implementation in insalubrities’ premiums and the obligation of PPE use as well as a must be revised values and accumulation of bonuses materializing up the Principle of Environmental Law presented, by internalizing the costs of environmental pollution more widely than now taken.
Recursos hídricos transfronteiriços da bacia amazônica: estudo de caso sobre a atual gestão hídrica do Rio Amazonas na tríplice fronteira constituída pelas cidades-gêmeas de Tabatinga/BR e Letícia/CO e a Ilha de Santa Rosa/PE
(Universidade do Estado do Amazonas, 2016-06-15) Nascimento, Leonardo Leite; Silva Filho, Erivaldo Cavalcanti e; Silva Filho, Erivaldo Cavalcanti e; Melo, Sandro Nahmias; Dias, Mônica Nazaré Picanço
The use and conservation of transboundary water resources and border of the Amazon Basin requires the effective cooperation of all the countries that share this natural resource, in this case fresh water, essential to the life of their populations. Therefore, the signatory countries of the Amazon Cooperation Treaty (TCA) and today members of the Amazon Cooperation Treaty Organization (OTCA), where Brazil, Peru, Colombia, Venezuela, Bolivia, Ecuador and Guyana, shall endeavor to implement an integrated and sustainable management of shared international rivers, with effective adoption of bilateral and multilateral public policies in order to ensure the availability of fresh water for present and future generations. This work aims to examine the legal aspect in the light of the TCA and the rules of International Law, the current cross-border water management in the Amazon Basin, and the possibility and feasibility of implementing a joint management between the riparian countries. For their achievement we conducted a case study on the current water management of the world's largest river, the Amazon River, specifically its tributaries, rivers Marañón and Solimões in the triple border of Brazil, Peru and Colombia, on the stretch passing through twin cities Tabatinga/BR and Leticia/CO and the Santa Rosa Island/PE. The results show that, to obtain advances in the management of transboundary water resources, many steps should be met, starting with the understanding of the hydrological behavior of the Amazon River and the different social, political and economic conditions of each country involved. Thus, it must highlight the importance of institutional strengthening of OTCA and the necessary implementation of a transboundary basin committee for the tri-border countries, aiming to carry out the process of management and implementation of a local and regional water policy.