Nova Hileia - Artigos de Periódicos
URI permanente para esta coleçãohttps://ri.uea.edu.br/handle/riuea/5713
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Item 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 FernandesAbstract: 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.Item Abuso de drogas e o sistema de justiça criminal no brasil(Universidade do Estado do Amazonas, 2020-03-16) Rosa, Fábia Ileanna Gondim; Aguiar, Denison Melo deABSTRACT Despite growing evidence that dependence is a treatable brain disease, most individuals do not receive treatment. Involvement in the criminal justice system often results from illegal drug search behavior and participation in illegal activities that reflect, in part, the disruptive behavior resulting from brain changes triggered by repeated drug use. Dealing with drug offenders provides a unique opportunity to reduce substance abuse and reduce associated criminal behavior. Thus, the purpose of this article is to present a literature review about drug abuse and the Brazilian criminal justice system. The research had a qualitative approach of exploratory nature and as far as procedures were concerned, the bibliographic research was used, which made possible to understand better the importance of the proposed subject. It is concluded that the challenge of delivering treatment in a criminal environment requires the cooperation and coordination of two different cultures: the organized criminal justice system to punish the perpetrator and protect society and drug abuse treatment systems organized to assist the dependent individual. Keywords: Drugs; Justice; Treatment.Item A obrigação alimentar no atual ordenamento jurídico brasileiro: a importância da pensão alimentícia, sua execução e as principais alterações nela introduzidas pelo novo Código de Processo Civil(Universidade do Estado do Amazonas, 2020-03-02) Ribeiro, Alessandro Silva; Santos, Laura Rúbia da Silva dosAbstract: An approach is made on the main characteristics and changes introduced in the new Civil Procedure Code of 2015, with regard to alimony and its implementation. It can be said that the aforementioned legal norm sought to remedy the existing gaps in the way of carrying out the alimony, making access to the judiciary faster. A priori, a brief analysis is made of the concept of food supported by legal doctrine and, in this context, the differences between natural and civil foods are described. Subsequently, the most recent changes formatted by the new CPC are addressed, combining the consequences in the event of default, regarding the responsibilities of the feeder. It is concluded that, with the modifications of the current Civil Procedure Code, there were changes in the intention to adapt to the current reality. The applied methodology was the bibliographic analysis with source in the doctrine, articles related to the theme to elaborate the theoretical contribution of the study. Key words: Food, alimony, new CPCItem Limites ao direito constitucional à imagem sob a ótica da veiculação de fotografias em matérias jornalísticas policiais(Universidade do Estado do Amazonas, 2020-03-08) Lobo, Edvanildo da Cunha; Lima, Neuton Alves deAbstract: This article deals with the limitations imposed by Brazilian legislation on the publication of images-portraits of people in police reports in daily journalistic journals. It aims to analyze the restrictions established by the national legal system, under the prism of the Federal Constitution, to the use of photographic images of human beings in the printed police news. They are writings that suggest exams within the scope of the Major Law and its reflexes in the field of Civil Law. The methodology used in the present study was that of bibliographic research, supported by books and websites, from which, from the latter, legal articles and judicial decisions of the second and higher courts were examined. In addition to definitions of the right to the image, its modalities and legislative apparatus, the work under consideration enters the sphere of conflict resolution between fundamental rights, as well as incoherence of an infraconstitutional rule, based on specific cases. The final result ofthe research is revealed as a contribution to a greater awareness of the press professionals about the importance and care that must be taken with the correct use of the image, striving for ethics and the quality of the product made available to the public - reader, since it was found that the excess on the part of these communication workers in the use of portrait images becomes, in reality, an illegal act, when it goes against constitutional foundations and principles. Evidently, the article is also extremely useful for law enforcement officers, people who deal with the human image and ordinary citizens interested in the topic. Keywords: Right to Photographic Image. Right to Information. Damage to the Image. Police Journalistic Articles.Item As novas tecnologias de subordinação e o Direito do trabalho automatizado(Universidade do Estado do Amazonas, 2020-01-05) Leite, Yuri BindáAbstract: The research will be based on new subordination technologies and automated labor law. The relevance of the work is based on the disclosure of new forms of work to the academic field. Labor law has been changing over the years and with each new form of subordination a new employment relationship is born. The general objective is to analyze all the new telematic labor forms of work, analyzing some applications. Among startups, Uber stands out in the number of users. The method to be used in the investigation will be doctrinal, bibliographic and legal. Keywords: technologies, subordination, work, automatedItem Os desdobramentos da subordinação trabalhista e seu impacto no Brasil(Universidade do Estado do Amazonas, 2020-01-20) Leite, Yuri BindáAbstract: A survey wasdeveloped to demonstrate the types of subordination and its impact on labor relations in Brazil. Through a systematic theoretical review, the study of analysis as was the process of evolution of labor law in the world until the contemporary. Submission is sometimes unpleasant, so the scientific debate on the topic is relevant, or justifies its production. Therefore, ask: Why are employment relationships avoided in the international context? To answer a question, execute a bibliographic method, an investigation will take two approaches, the first or subordination history and the second study of this impact in Brazil. Keywords: Subordination, work, employment, impactItem Saúde mental no meio ambiente do trabalho: Assédio moral e sexual, direito à desconexão e à busca da felicidade(Universidade do Estado do Amazonas, 2020-03-06) Matta, Vanessa Maia de Queiroz; Melo, Sandro NahmiasAbstract: Mental health in the work environment can determine the quality of life at work. Thus, there are several ways that can harm the condition. The purpose of this article is to describe mental health in the work environment, especially when dealing with moral and sexual harassment, the right to disconnect and the search for happiness. The methodology used was a bibliographic, theoretical, legal and jurisprudential research. Therefore, the mental health of the worker is an important topic for the treatment of labor relations. Keywords: Mental health. Work environment. Harassment.Item Teletrabalho, meio ambiente do trabalho, redes sociais e os reflexos na saúde mental do trabalhador(Universidade do Estado do Amazonas, 2020-03-06) Lima, Fabíola Bessa Salmito; Melo, Sandro NahmiasAbstract: This paper aims to study the proposed regulation of teleworking, inserted through Law13.467/2017, called labor reform, which took into account the new forms of working relationship arising from the current technological reality experienced by globalized society. In this scenario, an analysis will be made of the devices inserted by the new legislation in order to verify if they are in line with what is set forth in our Magna Carta regarding the guarantee of a healthy, safe and healthy work environment for the workers submitted. to the teleworking regime and the reflexes of this modality of service provision in the mental health of the worker. Thus, the first chapter will deal with the environmental law and the work environment, emphasizing the intersection between the norms and principles of environmental law and labor law that requires the necessary recognition of environmental labor law. Then, the teleworking institute is approached as disciplined in the Consolidation of Labor Laws, by means of art. 75-B, making an analysis of the devices that deal with the responsibility for the work environment of these workers and its consonance with constitutional and infraconstitutional devices that address the same theme. Then, an approach will be made about the mental health of these workers who, day by day, are subjected to the telematic means of control in view of the technological development inherent in the work environment to which they are subjected, taking, at the opportunity, an approach in the workplace. which refers to the right to disconnect as a guarantee of a healthy quality of life and enjoyment of other social rights, such as the right to leisure and the right to non-work. The methodology used in this research regarding the means was developed by the deductive, descriptive and qualitative method, through doctrinal, bibliographical and jurisprudential analysis. Keywords. Telecommuting. Work environment. Worker's mental healthItem 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 Nahmiashis 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.Item Direitos humanos fundamentais de pessoas em situação de rua e a inefetividade das políticas públicas no Brasil(Universidade do Estado do Amazonas, 2020-03-02) Rodrigues, Kátia Suellen de OliveiraAbstract: Brazil is in a current scenario of moral and financial crisis that runs from previous years and is reflected in the increase in the population contingent of street people. As a reflection of an omnipotent and indifferent public power, society ends up reproducing this indifference with acts of social stigmatization, discrimination and prejudice, where consumerist and individualistic interests prevail around the world of things in inverse proportion to the appreciation of the human person. The lack of implementation of basic human rights provided for by the 1988 Constitution and the establishment of the National Policy for Street People by Decree No. 7.053 / 09 is still very ineffective. With the country's redemocratization, the search for the realization of fundamental human rights in Brazil began, although all efforts to have an egalitarian society, there is still a lot of inequality and violation of rights with regard to the most vulnerable groups such as people in street situations. The principle of this Public Policy is the incentive to integrated action, in order to provide autonomy to these people, guaranteeing their access to public services. It is concluded that, although there has been a great advance in this sense, it is perceived that there is a long way to go in search of the guarantee of the fundamental rights of every human being, the ineffectiveness of the public policies directed to this population is in the limiting normative acts endowed with symbolism with little concretization of the provisions set forth in the Brazilian Constitution of 1988. This article aimed to characterize the fundamental rights of street people whose public policies have been ineffective in this population. Identifying the reasons that contribute to this ineffectiveness. The methodology used was the type of bibliographic research in other scientific articles that approached this subject, being able to make a correlation between the concepts and ideas to the detriment of the subject in question, research with qualitative approach and of dialectical method. With the problematic of why the fundamental rights to the people in situation of street are so violated? And what are the difficulties encountered in not having effective public policies regarding this target audience. Key words: Residents in street situation. Fundamental rights. Ineffectiveness. Public policy.