Navegando por Autor "Santos, Adelson Silva dos"

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Despatrimonialização do direito privado: a responsabilidade civil objetiva do empregador nos acidentes de trabalho
(Universidade do Estado do Amazonas, 2019-01-16) Santos, Adelson Silva dos
The purpose of this article is to address the issue of civil liability in relation to the labor accident, in order to verify how the Labor Judge can apply the rules of civil liability without departing from the protectionist function of labor law. The research method is the legal theory and the research technique used was the bibliographical one
A força vinculante dos precedentes judiciais: uma análise da transformação da Civil Law no Brasil e sua aproximação com o Sistema Jurídico Anglo-saxônico
(Universidade do Estado do Amazonas, 2018-12-07) Pilar, Matheus Felipe de Quadros; Rosa e Silva, Túlio Macedo; Santos, Adelson Silva dos; Corrêa, Igo Zany Nunes
There is no doubt that our right is constantly evolving. However, normally the development of law in a country is not detached from the guidelines that guided it when it was created. Thus, it is common for a country whose legal system has a Roman-Germanic origin, such as ours, to remain at first with the characteristics that define it. However, Brazil is moving fast and peculiarly towards a new legal system, which leads us to a paradigmatic change - a transformation of the legal system through approximation with precepts now accepted only in Anglo-Saxon legal systems. This approximation occurs through the internalization of the concept of binding judicial precedents, that is, the attribution of binding binding force to an earlier decision to substantiate subsequent decisions in similar cases. From the origin of the Civil Law and Common Law legal systems to the present day, we analyzed the change in the magistrate's decision-making power following the binding of judicial precedents, with a direct influence on the judge's freedom to interpret the law and the exaltation of social control deriving from this. position adopted by the Brazilian legal system.
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.
Reforma trabalhista e trabalho da mulher: história, emancipação e respeito
(Universidade do Estado do Amazonas, 2023-02-27) Almeida, Denise Brandão de; Santos, Adelson Silva dos
Through this article, the objective was to recall the historical advance of women through emancipation, guarantees of labor rights, the achievement of respect in the labor market and the impact of the labor reform on this class. It addresses, therefore, historical aspects of these achievements and how the scenario is shown after the reform, emphasizing the importance of the State in creating social policies aimed at this public in order to promote the insertion and permanence of women in the labor market. The insertion of women in the labor market, as several studies indicate, was the object of a great struggle, because as the records point to the conquest of their rights and the inquiry for emancipation in the context of the search for gender parity, it took place gradually in steps slow. In this sense, this study was carried out using the qualitative methodology, studying subjective aspects; in the data collection phase, carrying out consultations in books, scientific articles, official documents, legislation, theses and dissertations, dedicating itself to demonstrating the achievement of women's labor rights over the years and how the labor reform has impacted on these work contracts.
Uberização: análise sobre as dinâmicas de trabalho em plataformas digitais
(Universidade do Estado do Amazonas, 2024-02-07) Silva, Kennedy Cortez da; Medina, Marcia Cristina Nery da Fonseca Rocha; Santos, Adelson Silva dos; Sá, Emerson Victor Hugo Costa de
The article seeks to bring the reader, from an analytical perspective, reflections on the uberization of work as a form of worker exploitation. We are guided by the thesis that the transfiguration of the platform worker into an "entrepreneur" of himself, takes away the rights that are due to him while imposing obligations that would only be due to an employee. The first part analyzes the profile of transport application workers, in order to understand the reasons why they submit to subordinate self-management. The second criticizes the view that uberization is a totally positive innovation, demonstrating that it is actually a negative business modal for the platform worker. Finally, the last part of the article aims to address the debate about the existence or non-existence of an employment relationship between the platforms controlling the workforce and these on-demand service platform workers, often called “partners”. Although uberization has been presented as a solution to large-scale unemployment in many countries, we can see that it is nothing more than a form of management and control of the workforce, consolidating on-demand work.