Browsing by Author "Baptista, Karine da Costa Rocha"
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Item O aborto como direito à liberdade da mulher: uma análise à luz ADPF 442(Universidade Catolica de Salvador, 2019-12-12) Oliveira, Érica Silva de; Costa, Jéssica Hind Ribeiro; lattes.cnpq.br; Nilo, Alessandro Timbó; lattes.cnpq.br; Baptista, Karine da Costa Rocha; lattes.cnpq.brThe objective of this study is to provide an overview of abortion, its concept through different subjects, its history and evolution, as well as its modalities, methods and data that show the qualification of the female audience reached, mainly addressing an important action that is in which is the ADPF 442, which provides for the decriminalization of the practice until the 12th week of pregnancy. The issue is very sensitive and complex, observing that since its criminalization, the State has not yet made progress, and continues to apply sanctions for women who practice it. Observing that in addition to these factors, this method of abortion continues to be applied, becoming not only a criminal type, but also a public health problem if one observes the number of women who die from post-abortion complications. The work besides bringing a matter of relevance, aims to understand the motivation of crime typification, aiming to emphasize a study not only by the letter of the law, but also by the stigmatized reality of the Brazilian woman who performs the abortion.Item Análise acerca do sistema carcerário feminino: como se dá a proteção aos direitos das mulheres privadas de liberdade sob a ótica de gênero e direitos humanos(Universidade Católica do Salvador, 2021-06-17) Alves, Daila Nunes de Jesus; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/; Baptista, Karine da Costa Rocha; http://lattes.cnpq.br/This article aims to investigate the relationship between incarcerated women in Brazil and the Brazilian prison system, addressing how the lack of information about the rights provided by law can directly affect the lives of women deprived of liberty, since being a woman and being deprived of liberty increases the condition of vulnerability. In the development of the research, the profile of women in prison was pointed out, as the law of penal execution deals with these issues and what is the role of the prison system regarding the protection of these women's rights. Besides all the issues that involve the practice of crimes, there is still much discussion about the discrimination that these women go through every day before a society that, still, is based on macho, power, and domination, which, since ancient times, dictates that women must act in accordance with predefined behaviors. Thus, there is a great need for the realization of rights and duties, and a government policy of resources for the health care of women deprived of their liberty is necessary. In view of this, it is of utmost importance to analyze whether the State guarantees minimum dignified conditions for women in prisons, since respect for the dignity of the human person in prisons goes far beyond just respect for laws and international treaties, it concerns a duty, defined by the Charter of the Republic of 1988, to the State. To this end, the methodology used in the research was the analysis of laws, articles, bibliographical research and doctrinal discussions.Item Assédio moral na relação de emprego: o programa de compliance como instrumento de mitigação de passivos trabalhistas(Universidade Católica do Salvador, 2020-12-10) Moreno, Bruna Teixeira; Nascimento, Anne Feitosa do; http://lattes.cnpq.br/; Baptista, Karine da Costa Rocha; http://lattes.cnpq.br/; Pacheco, Joelma Ferreira Silva Primo; http://lattes.cnpq.br/Compliance means “being in compliance with”, obeying what was imposed, committing to integrity. In this sense, labor compliance includes the adoption of measures to comply with laws and regulations concerning the employment relationship. The purpose of this article is to identify the extent to which the compliance management system can contribute to mitigate labor liabilities resulting from moral harassment, an abusive conduct that exposes a person to vexing situations, by analyzing this institute in the employment relationship, through review bibliographic. The results indicate that the institutionalization of compliance is necessary, considering that an organization that adheres to this mechanism enjoys credibility, positively influences the organizational climate and reduces labor liabilities arising from bullying.Item O benefício de pensão por morte no âmbito do RGPS e as recentes alterações legislativas(Universidade Católica do Salvador, 2019-06-07) Santos, Fabiana Vieira Casaes Santos; Carvalho, Maria Amélia Lira de; https://wwws.cnpq.br; Baptista, Karine da Costa Rocha; https://wwws.cnpq.brThe purpose of this article is to address the recent legislative changes in the social security benefit of death pension in the context of the General Social Security System. Through a brief time line, which encompasses the emergence of Brazilian Social Security from the Eloy Chaves Law to the promulgation of the Federal Constitution of 1988, an analysis of the criteria and assumptions was made for the configuration of the right to benefit both in Organic Law (LOPS) of 1960 as well as in the current Benefi t Law (Law nº 8.213/ 91). Social Security, the constitutionally recognized social right of the citizen, is the main arm of the State in effecting the Principle of the Dignity of the Human Person. The constant social and econo mic transformations made the legislator, under the premise of sustainability of the system, adapt the rules granting the benefit over the years. Thus, in view of the changes introduced by Law 13.135, of July 17, 2015 in the social security legislation, as well as the changes in the constitutional text that PEC n. 06/2019 intends to materialize, the objective of this study is to determine if such changes caused a restriction of the rights of dependents of the RGPS insured.Item Compreendendo o trabalho escravo no Brasil atual(Universidade Catolica de Salvador, 2012) Baptista, Karine da Costa Rocha; Carvalho, Inaiá Maria Moreira de; http://lattes.cnpq.br/6436834586482218; Delgado, Josimara Aparecida; http://lattes.cnpq.br/8616147669479509; Sousa, Inês Oliveira de; http://lattes.cnpq.brItem O direito de herdar da prole eventual gerada por reprodução assistida post mortem: contradições entre a previsão constitucional de igualdade entre os filhos e as disposições código civil de 2002.(Universidade Católica do Salvador, 2019-06-12) Fentanes, Camila Araújo; Costa, Jéssica Hind Ribeiro; https://wwws.cnpq.br; Baptista, Karine da Costa Rocha; https://wwws.cnpq.brThis article investigates post mortem assisted reproductive technology (ART) and its impacts on Heritage Rights, as well as the Constitutional Principles effects on heis equality, besides the heritage social function. Thus, calls into question the biotechnological developments and its major consequences, mostly about the possibility of reproduction containing the de cujus’ genetic material, touching the uppermost concepts on ART and Heritage Rights, as even discussing conflicted academic positions and legislative divergence about the matter. Therefore, a legal decision also will be evaluated as the representative position of the brazilian courts. Finally, the prospect of heritage and consanguinity recognition of the descendant born in such conditions will be considered, regarding the parent who left his or her cryopreserved genetic material, making possible the use of ART after death. The methodology applied on this paper is the narrative revision built on a data basis of literature and other articles, besides the bibliographic research, files analyses and case study, witch will also be employed.Item Os efeitos do novo código de processo civil no direito processual do trabalho(Universidade Católica do Salvador, 2019-01-29) Santos, Matheus Cardoso; Baptista, Karine da Costa Rocha; http://lattes.cnpq.br; Costa Júnior, Vander Luiz Pereira; http://lattes.cnpq.brAmid the innovations brought by the novel Code of Civil Procedure of 2015, the Labor Procedural Law that is regulated subsidiary and supplementary tends to suffer these changes through the heterointegration of that respective legal system. However, certain innovations on several occasions are incompatible with procedural labor law due to the fact that it has more sensitive and restrictive principles, in addition to having its own scientific autonomy. Therefore, the appropriate subsidiary of these norms is of paramount importance to the applicator of Law, since the amendment and even the abolition of some CPC / 2015 institutes have a large effect on legal relationships in the labor field and need to be addressed in detail. Therefore, the interpretative analysis of the bibliographic data source will be used as the means of approach of the subject proposed here.Item Eutanásia à luz da responsabilidade médica(Universidade Católica do Salvador, 2020-12-16) Paraguassu, Greice Kely Barbosa; Costa, Jéssica Hind Ribeiro; http://lattes.cnpq.br/; Baptista, Karine da Costa Rocha; http://lattes.cnpq.br/Legal questions involving the field of bioethics are extremely relevant to the social environment, especially with regard to human life. The euthanasia theme is controversial, because it is an obscure theme, because there is no regulation that deals directly with the theme. Over time, the doctor has a fundamental role as to the practice of the act, as he is faced with events in which he will have to choose between conflicting legal assets, such as the right to life, freedom, relationship with the patient, autonomy of will, health , patient well-being, among others. In this way, the dilemma that must be observed is due to the suffering of an individual who is reaching the end of his life having to decide between the right to life or a dignified death. This article has the purpose of punctuating the concept and history of euthanasia, together with the responsibility that is given to the doctor, without the end of the trajectory, the responsible physician is to be blamed for the practical act, while questioning the right to death worthy. And finally bringing a reflection on the exposition of the need for a legal order that clearly deals with the legalization of euthanasia, with the patient's consent.Item A (in) constitucionalidade da tarifação do dano extrapatrimonial à luz da reforma trabalhista(Universidade Católica do Salvador, 2019-01-17) Pires, Bianca Alice Santos D’Ávila; Baptista, Karine da Costa Rocha; http://lattes.cnpq.br; Costa Júnior, Vander Luiz Pereira; http://lattes.cnpq.brThe purpose of this article is to analyze the unconstitutionality of Article 223-G of Law 13467 of July 13, 2017, which established in its subsections the employee's salary as a parameter for the determination of compensation for moral damages arising from the relationship unequal and discriminatory treatment of employees receiving lower wages than those receiving higher wages. Thus, the present study aims at investigating the unconstitutional aspects that comprise the mentioned article, as well as its reflexes in the legal order of the country, more precisely in the Labor Law itself. Thus, the development of this article will be done through a bibliographical re-study about the unconstitutionality of moral damage in light of the labor reform, through articles, law and doctrine books, and still have the support of the internet. The procedure for data collection was done through a critical reading of how much analyzed, for the elaboration of the present study. Finally, it is verified that the article under analysis strongly opposes constitutional legal hermeneutics, since its application diverges with the principles of isonomy and dignity of the human person, intrinsic to the very institute of moral damage.Item O reconhecimento da relação de emprego decorrente do desvirtuamento do contrato de estágio no Brasil(Universidade Católica do Salvador, 2020-12-16) Nascimento, Eberton Lucas Santos do; Baptista, Karine da Costa Rocha; http://lattes.cnpq.br/; Santos, Mirella de Freitas; http://lattes.cnpq.br/The purpose of this article is to demonstrate, through the jurisprudential analysis of the labor courts, the possibility of the distortion of the internship relationship, which will occur at the moment an educational relationship is used to defraud rights. Ratifying how much supported throughout this article, the approach method used for its construction was the hypothetical deductive one, once its pillar was given through the use of doctrines, scientific works, legislation and jurisprudence of some higher courts. The principles of protection and primacy of reality were examined beforehand; then, the difference between the labor relationship and the employment relationship was demonstrated; consequently, the requirements of the employment relationship were discussed; Necessarily, there was a brief analysis of the law that regulates the internship relationship in Brazil; Finally, the study focused on the jurisprudential understanding of the labor courts regarding the distortion of the internship contract.Item A responsabilidade do empregador diante do acidente de trabalho(Universidade Católica do Salvador, 2019-01-30) Cardoso, Caren Thaline Silva; Baptista, Karine da Costa Rocha; http://lattes.cnpq.br; Costa Júnior, Vander Luiz Pereira; http://lattes.cnpq.brThis paper deals with civil liability in Labor Law, specifically in the face of the work accident. Initially, historical aspects of the legislation and concepts that affect the work accident are approached in order to contextualize the theme. Next, it is the importance of the health and safety of the worker so that, the lack of attention to this issue within the company can lead to losses and converge to the civil liability of the employer. The study also addresses the types of civil liability, subjective and objective, seeking to understand which theory should be applied in each case for indemnity purposes. For this, an exploratory research in the literature was obtained by means of virtual and printed, with the aim of learning about the subject. It was observed that there is not yet a total responsibility on the part of the employer for the accidents of work that affect his employee. It is significant to note that it is not only the proof of guilt on the part of the subjective responsibility that induces indemnity, the lack of accident prevention and risk elimination can result in objective civil liability, both act together to support the injured worker.Item VLT do subúrbio de Salvador: o direito violado quanto a inexigibilidade da licença ambiental(Universidade Católica do Salvador, 2021-10) Jesus, Mateus Mozart Dórea de; Baptista, Karine da Costa Rocha; UCSAL, Universidade Católica do Salvador