ESO - Escola Superior de Ciências Sociais

URI permanente desta comunidadehttps://ri.uea.edu.br/handle/riuea/4811

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Política de benefícios sociais e sua relação com a motivação no trabalho: estudo de caso em uma organização do ramo de comércio exterior
(Universidade do Estado do Amazonas, 21-07-29) Pedrosa, Amanda Larissa Moraes; Rizzato, Sálvio de Castro e Costa
In the current job market the enterprises search for different strategies to keep their employees motivated and consequently elevate productivity to bring profit to the company. Given the motivation’s job importance and different relevant factors in this development, the social benefits are fundamental in this motivational process, because when the enterprise offers them, the collaborators become more safe, satisfacted and stable. The general objective was to analyse the relation of social benefits as a motivational factor, using as a base the most important theories about motivation. Initially it was held a theoric fundamentation about the theme and after this an exploratory research with quantitative and qualitative character through an electronic questionnaire in the period of June and July of 2021. The target audience belongs to a latin-american mutinatinational’s operational area that has a fews branches in Brazil. As well the base to the research was Frederick Herzberg’s Two Factor Theory. Most of the participants know about the proposed theme and they consider the benefits as an essential part to keep the commitment in the job, and it’s more relevant than the salary. It was noted that these benefits are extremely important to motivate and keep the talents in the enterprise.
O perfil socioeconômico dos vendedores ambulantes do Centro de Manaus
(Universidade do Estado do Amazonas, 2007-06-27) Santos, Hellinton Staevie dos; Breves, Ricardo de Almeida; Ferret, Clairton Fontoura; Araújo, Paulo César Diniz de
This research addresses the issues intrinsic to the socioeconomic profile of street vendors in downtown Manaus. With a random sample from the city of Manaus - AM. The research reveals as the main cause of the growth of informal activity performed by street vendors, in most cases it is due to the low offer of jobs in the local market and in the rest of the cases it is the willingness of street vendors to own their own business. Thus, the issue of job offers in the country, the growing informal market and the emblematic issue of piracy are discussed. The research shows that despite the activity being illegal, the Municipal Administration and Fairs Secretariat - SEMAF grants the permit that allows the assembly of stalls in the center of Manaus. The survey also shows that there is a good acceptance of pirated products by the consumer market, which confirms that it supports the illegal CD, DVD, toys, electronics, clothing market, regardless of economic class. The data show that the salespeople profile is made up of people of middle age, in their 30s, with a medium level of education and low professional qualification, being excluded from the opportunity to enter the formal market, having as one of the only options for survive the entry of informal walking activity, since as the research points out the activity requires a low cost for the manufacture or purchase of the middlemen (interceptors) and the products have a good acceptance in the market. The survey also points out that behind these sellers there is a large piracy industry that are the ones that really profit from this market.
Socialização organizacional dos servidores da reitoria da Universidade do Estado do Amazonas
(Universidade do Estado do Amazonas, 2017-08-30) Amaral, Kerem Lima do
The Socialization is one of the practices of which values, beliefs and principles are transferred to the new members of an organization at the time they join, in order to newcomers to adjust to the organization's culture. The present research aims to analyze the socialization process developed by the Rectory of the University of the State of Amazonas, a public institution of higher education, based in Manaus, Amazonas, Brazil. Based on the theoretical basis, a questionnaire was prepared for application among the employees of the Technical Advisor position, a position that represents a large number of employees of the Institution. The results of the research indicate the absence of a specific Socialization Program to clarify organizational objectives and values, and the integration process is carried out by experienced employees, which is why we suggest the creation of a specific Program for the socialization process, as well as the training of those responsible for the procedure.
A possibilidade da Educação Dominiciliar no Brasil e seus aspectos jurídicos
(Universidade do Estado do Amazonas, 2017-11-24) Queiroz, Danielly Barbosa de; Aquino Neto, Daniel Antônio de; Albuquerque, Ricardo Tavares de; Romero, Antônio Enrique Fonseca
This monograph project aims to analyze the phenomenon known as “homeschooling”, which refers to a teaching modality in which parents choose to teach their children exclusively at home, removing them from the school environment. This paper will explain the history of the treatment given to education in the Brazilian legal system over the years, as well as analyze the legal possibility of home education, explaining the arguments for and against such practice.
A Lei 13.352/2016 e os impactos jurídicos nos contratos de parceria entre profissionais e os salões de beleza: repercussões imediatas e mediatas
(Universidade do Estado do Amazonas, 2018-04-21) Carvalho, Marlison Alves
This paper presents an analysis of the legal impacts brought by law 13.352 / 2016, which deals with partnership contracts, implying changes in the relations between existing among professionals who perform activities related to beauty salons, making an approach on the tenuity that can exist between Labor Law and the Business Law. First, a theoretical basis will be built in which differences between the labor and the business sector addressing its principles, characteristics and objectives, in addition the definition of employee and entrepreneur. Then it will be brought the historical jurisprudence, which led to the drafting of the law 13,352 / 2016, with the main points of view that led to conflicting decisions, sometimes pro-worker, sometimes pro-entrepreneur. Finally, based on the assumption that the Law came into force and places professionals and beauty salons in a new legal circumstance, it is questioned whether it is possible in the the validity of such a situation, questioned by the Supreme Court through of direct action of Unconstitutionality, that is in advanced stage of judgment, due to their relevance. But even before the trial, it is possible to note the changes that are occurring with the validity of this law in its first months, there is already a relevant repercussion.
A função punitiva da responsabilidade civil no ordenamento jurídico brasileiro
(Universidade do Estado do Amazonas, 2018-05-08) Andrade, Caio
Civil liability currently has as its main and almost exclusive function the repair of damages of the injured by the wrongful act. However, there is a real need not only to repair the damage already done, but also to prevent others from occurring. In this turn, some understand that the scope of civil liability should not be limited to compensation for damages, but that this should extend to the punishment of the agent who practiced the conduct. The punishment should be applied in order to discourage the conduct of the agent, making it economically disadvantageous. This paper seeks to explain about this punitive function, as well as its possible application in the country order.
Coexistência entre parentalidade socioafetiva e parentalidade biológica e suas consequências no ordenamento jurídico brasileiro
(Universidade do Estado do Amazonas, 2018-05-09) Gama, Amanda Rayssa de Oliveira
In a clear and objective way, this work seeks to explain what socio-affective affiliation is all about; show the beginning of this action, not only in Brazil, but also in comparative law; requirements for its existence; the differentiation of this about adoption to Brazilian; and its consequences in the legal order of the country, since parental relationships fall within the scope of various rights, such as food, visits, social security, succession, and election. It also seeks to analyze the institute of multiparentality, an institute that may remain as a consequence of the socio-affective affiliation, in which more than two parents will remain registered in the birthplace, causing doubts as to its possibility and its framework in the current legislation. Such doubts will be analyzed and answered within the limits of the research already carried out by renowned authors in the area of Family Law and the updates generated by Brazilian law, which is increasingly advancing in the sense of accepting mutations in family compositions.
Responsabilidade Civil Solidária do Estado nos danos ambientais em virtude de omissão no licenciamento ambiental
(Universidade do Estado do Amazonas, 2018-05-09) Amore, Andreza Albuquerque
The Federal Constitution treated as fundamental rights the ecologically balanced environment, as well as economic and social development. Thus, the State, through its power-duty, is forced to institute instruments capable of harmoniously ensuring the observance of both guarantees. Under such scope is the instrument of environmental licensing, with the purpose of promoting a sustainable development, aiming to cause the minimum environmental impacts to the community, through a previous study of environmental impact. Despite such caution with this diffuse right, environmental damage is not always avoided in its entirety, at which point the duty of reparation by the polluter arises. In addition, the Public Power, after granting environmental licenses, must continue to ensure environmental protection through its duty of supervision and control, and, in cases of omission in the exercise of its function, to respond in solidarity with the particular cause of the aim is to ensure an ecologically balanced environment enshrining the dignity of the human person.
Responsabilidade civil dos bancos nos casos de danos e fraudes causados por hackers
(Universidade do Estado do Amazonas, 2018-05-09) Aguilar, Amanda Albuquerque
The importance of the study on the institute of civil responsibility of financial institutions in the current virtual scenario deserves to be highlighted. In a world ruled by the most diverse digital relations, including the market relations sector and consequently, as banking, is of solar clarity and susceptibility of several products contained in the same, to attacks of evildoers experts in the sector, which are called hackers people with great specific knowledge for invasion of digital systems and of diverse products, for financial institutions as well as for chains, being able to weaken still more a relation of consumption and confidence between these. In this sense, this article deal with the various types of crimes that can be committed by hackers, as well as the legal aspects of who are responsible for the attacks that occurred in the consumer relation, passing on laws on issues and possible policies that can effective against action of criminals.
Direito ao esquecimento: novo direito fundamental na sociedade da informação?
(Universidade do Estado do Amazonas, 2018-05-09) Pinto, André Abitbol
The current article aims to analyze the applicability of the Right to be Forgotten in the virtual environment, based on the study of international and Brazilian jurisprudence, which deal with the conflict between the protection of privacy and the exercise of freedom of speech. For this purpose, initially are going to be presented the legal basis of the Right to be Forgotten, which is understood as an unfolding, of doctrinal origin, of the Rights of the Personality, with the aim of achieving the dignity of the human being. Then, the text is going to address the Right to be Forgotten from the perspective of the opposition between the individual claim to seek the forgetfulness of a past information that causes embarrassment in its actual life, to the detriment of a society's right of free access to information. Finally, an analysis is made on the influence of the Internet in the context of the Information Society, dealing with the criteria to be observed for the resolution of conflicts between fundamental rights involved in the application of the Right to Forgetfulness. Lastly, it will be verified the most considered paradigmatic cases for the treatment of this subject.
O dever da transparência na proteção das águas urbanas
(Universidade do Estado do Amazonas, 2018-05-09) Freitas, Aline Ribeiro da Costa
The protection of urban water is a human right, like the constitutional rights to health, enjoyment, and to a healthy environment. Due to this fact, it is a fundamental right. Fundamental rights are known to create positive and negative duties. In other words, there is an obligation not to do and also the need for positive actions to be taken, especially by the state when the rules are not self-sufficient. It is evident, thus, that public policy has a central role in the enforcement of the law and the need for approximation of the law and the administrative sciences. This legal outline analyzes the juridic obligation of the public administration to be effective and transparent in urban watercourse public policy. It focuses on the public administration literature. The methodology used was a bibliographical review in the deductive modality. It was concluded, for the sake of effectiveness, that it is necessary to exercise caution when applying the law in court actions, at the risk of increasing the problem. Additionally, transparency is essential for the social controlling of public policies and can be a solution to increase their effectiveness.
A viragem jurisprudencial como hipótese de cabimento da Ação Rescisória
(Universidade do Estado do Amazonas, 2018-05-09) Nascimento, Amanda Gomes da Silva do
The rescission action is provided in the Code of Civil Procedure with an exhaustive role of suitability. The doctrine, as well as the Courts through the judgment in repeated cases and, consequently, statements of precedents, are responsible for promoting the interpretation of them. Thus, the purpose of this research is to study the doctrinal currents regarding the limits of application of Statement No. 343 of the Supreme Court, in other words, to what extent the change of understanding of the courts generates the right to rescission under the legal basis of Article 966, V, of the Civil Procedure Code of 2015, given its new premises.
Da Execução Provisória da Pena: reflexões constitucionais
(Universidade do Estado do Amazonas, 2018-05-14) Oliveira, Antônio Thiago Souza
Cumplir la pena, en su concepto más superficial e indiferente, es el deber imputado a alguien (declarado culpable) que cometió acto equivocado, contra legem, antissocial. A pesar de su suciedad, para llegar hasta la fase de cumplimiento de la pena hay un camino a recorrer. ¿Y si ese camino se abreviado sin tener, sin embargo, la declaración de la culpa? En Brasil, la Juris-prudencia de la Corte Suprema entiende no sólo que ese camino puede ser abreviado, pero, como también esa abreviatura encuentra respaldo en la Carta Magna brasileña. A partir de ese entendimiento, se lanzó una calurosa discusión, que ya viene de muchas décadas, sobre la posi- sibilidad de la ejecución provisional de la pena. De un lado tenemos la corriente que defiende que la ejecución es posible, porque el reo, condenado en segunda instancia, ya posee la comprobación de la autoría y materialidad del crimen cometido. De otro, tenemos la corri-ente que inadmite la ejecución anticipada de la pena, teniendo vista la presunción de inocencia que sólo es alejada cuando hay la declaración de la culpa mediante sentencia penal condenato-ria en segunda instancia. Este choque promovido entre esas corrientes posee paradigmas inte-resantes como: la recribidad de la sentencia penal condenatoria por medio de recurso especial y extraordinario; la dilación procesal indebida; el deber de tratamiento del Estado, entre otros. Es un conflicto que nos remite a las reflexiones constitucionales sobre la ejecución provisio-nal sin el título ejecutivo transitado en juzgado. Esas reflexiones deben ser auxiliadas por mé-todos ofrecidos por la doctrina, como el jurídico, el hermenéutico-concretizador y el normati-vo-estructurante. El principal fundamento de esas reflexiones es la existencia de la novel soci-edad abierta de los intérpretes de la Constitución, ideada por Peter Häberle.
A Desconsideração Inversa da Personalidade Jurídica das Pessoas Jurídicas nas Ações de Alimentos
(Universidade do Estado do Amazonas, 2018-05-14) Gomes, Altobelly de Oliveira
This monograph discourse on the disregard of the legal personality in its inverted form, with the purpose of presenting the possibility of its application in the food institute in the judicial sphere. The graduate was motivated by the device on the subject, which was positived in the New Code of Civil Procedure, which came into force on March 17, 2016, being the first in the legal order of the country to deal with the specific procedural procedure for the reverse disregard, correcting a legal deficiency, which obliged the magistrate to proceed by comparing with other institutes. The institute's forecast of the disregard of legal personality can be found in some sparse laws, and in the Civil Code of 2002. In jurisprudence it is possible to find a decision both on the disregard of the legal personality and in its inverse form. The disregard of the legal personality in the inverse modality has entered our legal system mainly to protect the Family Law, curbing the debtor that fraudulently shows itself in conditions of poverty or miserability to avoid that the obligations arising from the due food are fulfilled or paid the smallest. The purpose of this paper is to address the issues related to the topic, dealing with the emergence, characteristics of the disregard of the legal entity and its inverse form, its legal prediction in the legal scope of the New Code of Civil Procedure, which provided a procedure for the institute itself Brazilian legal framework.
Acessibilidade nos prédios públicos: um breve estudo acerca das instituições da justiça em Manaus
(Universidade do Estado do Amazonas, 2018-05-14) Araújo Lima, Caio de Camus
The research was developed intending to verify the accessibility of the Judiciary in the city of Manaus. To achieve that, a field research was conducted on three buildings (all currently used by the Judiciary to perform their activities) to exame the aplication of a limited group of recent legal rules that regards the archtectonic acessibitity existent on those places; and the result found on field was compiled and correlated with the present brazilian legal structure
Alienação Parental: seus reflexos e o princípio do melhor interesse do infante
(Universidade do Estado do Amazonas, 2018-05-14) Silva, Carlos Alexandre Pereira da
This paper aims at demonstrating how the practice of parental alienation has proved to be a real obstacle to full compliance with the principle of the best interest of the minor, more precisely with respect to the enjoyment of the constitutional right to family life, as well as the harmful consequences of practice for the infant. To achieve this goal, we use the inductive method and the bibliographic review technique, based on the books and legal articles, published scientific research on the subject and the most recent court judgments regarding Law nº 12.318/2010. It is first discussed on the dissolution of the conjugal society and its consequences for the children. We also deal with family power, guardian institute and legally foreseen types. Soon after, we emphasize the relevance of the principle of the best interest of the minor and its reflection on the life and dignity of the infants. We also list national and international provisions that consecrate the rights of the minor and ensure healthy living with family members, especially their parents, even after the dissolution of the conjugal society. Finally, we present the information collected in the scientific and legal circles about parental alienation, its concept, characteristics and harmful effects for infants, while analyzing the way in which our courts have positioned themselves in cases of parental alienation and how Law nº 12.318/2010 has been applied in order to guarantee the effectiveness of the principle of the best interest of the minor, through the restriction of said practice.
A (des)necessidade de uma reforma na Previdência Social brasileira e o Princípio do Equilíbrio Financeiro
(Universidade do Estado do Amazonas, 2018-05-14) Souza, Felipe Rodrigo Costa de
This study analyzes the Social Security as a subsystem of the wider Social Security system of Brazil in the current historical context in which there is a discussion about the reform of the Constitutional Laws by the Project of Amendment of the Federal Constitution - PEC 287A/2016. The study covers the principles of the Social Security system in Brazil, especially the principle of financial and actuarial balance. Seeking the best comprehension about the subject, the historical evolution of Social Security systems in the world is analyzed. The pension allowance plans and the general aspects of the main Social Security benefits involved in the reform of the Constitutional Laws in Brazil are also analyzed. This study focuses on presenting the main aspects of the reform of the Social Security system, as well as other controversial issues in discussion. The official position of competent institutions about this subject is taken into account. Considerations about the principal changes promoted by the Project of Amendment of the Federal Constitution are made in this study. The principle of financial and actuarial balance is referenced as a guarantee factor of the solvency of Social Security system of Brazil. The main objective of this study is to gauge the necessity of performing a reform in the Social Security system by the use of legal and technical criteria in the analysis.
Controle difuso de constitucionalide à luz do Novo Código de Processo Civil
(Universidade do Estado do Amazonas, 2018-05-14) Porto Neto, Adanor Pereira
The present article will focus mainly on the diffuse review of constitutionality, its historical origin, general characteristics within the courts and the Federal Supreme Court, as well as the effectiveness of the decision given in diffuse control. In order to re-establish the discussion about the theory of transcendence of determinant motives, the study will present the innovations brought by the New Code of Civil Procedure / 2015, reporting how these can influence the debate of the theory presented within the diffuse review of constitutionality. In the course of the paper, it will also present the theory of judicial precedents, their concepts, fundamental notions, legal effectiveness, as well as the duty of the courts in relation to this new institute of the Code of Civil Procedure 2015, which may influence the approximation of diffuse review of constitutionality with the concentrated review, bringing solid arguments that corroborate with the thesis of a process of abstractivization of the incidental control.
A legitimidade sucessória dos embriões havidos pelas técnicas de reprodução assistida após a morte do genitor
(Universidade do Estado do Amazonas, 2018-05-14) Abreu, Daniele Souza de
The evolution and advances of Medicine and assisted reproduction techniques are analyzed, allowing the assisted conception and the realization of the principle of family planning, as guaranteed by the Federal Constitution, even after the death of one of the parents. The research focuses on the changes brought about by the Constitutional Text in relation to filiatory and succession law, methods of artificial reproduction, the legitimacy of succeeding post-mortem embryos, and legislative attempts to regulate the subject. In this sense, the aspects related to the dignity of the human person, the equality of treatment among the children, the protection of the best interests of the child, the fundamental right to inheritance and the presumption of paternity are addressed. It also reflects on the biological aspects that surround the subject, from the perspective of interdisciplinarity with Medicine, Biotechnology and Genetic Engineering, in order to understand the importance of disciplining the said reproductive techniques. The methodology used will approach the method of deductive research, because it presents an observational process. In order to operationalize the research method, the analysis will focus on documentary, bibliographic and jurisprudential research encompassing books, articles, Brazilian laws on the subject and the internet.
A paternidade socioafetiva na obrigação de prestar alimentos
(Universidade do Estado do Amazonas, 2018-05-14) Mota, Jamilly Radhji de Lima
This paper deals with Socio-Affective Paternity and seeks to demonstrate the impact in the Brazilian legal system in relation to the payment of alimony based on the affective bond, to analyze the aspects of the food character. It is justified under the juridical-social perspective, demonstrating its importance for the protection of the child and the adolescent, besides the responsibility of the individual who does not have a biological link or adoption with the minor child and the duty to continue with the provision of food as a result of the established bond, since the socio-affective paternity, whether declared or not registered, does not prevent the recognition of the affiliation bond. Thus, it is proposed to analyze the evolution of the concept of family and the principles that underlie the theme of this work. The research is justified in the social sphere because there is a need for the healthy psychosocial development of children and the dignity of the human person, taking into consideration the elevation of the affective ties to a level above the biological aspects, since the socioaffective paternity is exercised daily and the recognition by the Brazilian courts creates the possibility that a person who was created by a certain person (popularly known as the "father of creation"), without any civil registry, is not harmed by not having taken the necessary legal care and can claim their rights. In the academic field, it is fundamental to study the subject in order to consolidate their understanding, so that students, especially law students, and teachers can properly guide people who live a reality of paternal helplessness. In the legal area, it is justified in order to guarantee the effectiveness of the principle of the integral protection of children and adolescents, in which the family, society and the State must provide conditions for their development. In this sense, the research adopts the deductive and descriptive method, based on documentary and bibliographic analysis. The socio-affective paternity needs legal support settled for the family constitution and unfortunately there are gaps in our legislations with respect to their recognition. It is a new character with the importance of playing the role of father in a relationship based on affection.