Browsing by Author "D'Albuquerque, Teila Rocha Lins"
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Item Adimplemento substancial dos contratos pela ótica subjetiva(Universidade Catolica de Salvador, 2019-01-23) Barbosa, Ariel; Santos, Gabriela Pereira dos; http://lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.brThis academic paper aims to identify the divergences for security applicability of this theory, in order to perceive what it is understood by "substantial", so that the contract is preserved or has a resolution for noncompliance of the contractual purpose; to ascertain the theory of substantial compliance in jurisprudence; to verify the influences of the principles of "social function of contracts" and "objective good-faith" in the theory of substantial compliance.Item Adoção à brasileira” sobre diferentes perspectivas: ato ilícito ou ato de amor?(Universidade Católica do Salvador, 2020-06-10) Ribeiro, Tainá Lima; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br/This article has as its general objective to analyse the unlawfullness of Brazilian adoption fraud”. In order to that, the sistematic literature review was used as research methodology. The “Brazilian adoption fraud” is characterized by the act of registering children as your own without carrying out the mandatory legal procedure for adoption. The Brazilian Penal Code, precisely in article 242, typifies this act as a crime. Beyond that, the structure of this article was elaborated to present the adoption history, its modalities, characteristics and requirements, besides the analysis of the child’s best interests principle as a foundation for the implementation of this modality in specific cases so that the main reason of this act, which is love, was brought to evidence.Item Adoção por casais homoafetivos(Universidade Catolica de Salvador, 2019-01-24) Novaes, Raissa Silva; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.brThis article aims to address the adoption of homoaffective couples. The research was conducted through bibliographical material, doctrines, laws and jurisprudence, in force in the Brazilian legal system. The study sought to address the protection of the family institute, which has undergone numerous modifications over the years, undergoing updates required by social evolution. Homosexual unions are increasingly present within society and should be granted the right to adopt, respecting the principle of the dignity of the human person and taking into consideration the best interest of the child. In order to effect the act of adoption, homosexual couples still encounter prejudices and taboos and to them must be granted such right through the judiciary.Item A alteração das normas ao longo do tempo com destaque ao direito de filiação do código civil de 1916 e do código civil de 2002(Universidade Católica do Salvador, 2018-12-11) Santana, Larissa Leite; Sampaio Júnior, Belcorígenes de Souza; lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; lattes.cnpq.brIn article 1605 of the civil code of 1916 the children had different classifications and treatment. The children born within the marriage were those legitimized, those who had a natural inheritance right, social recognition and the preference of families, the offspring generated outside the marriage relationship were well-off, often unrecognized and adoptees were the last option of a family considered unstructured for not having been able to generate children inbred. Over time, the society / legislator realized that this was not the best way to deal with filiation and succession, thus revoking this device and creating a new one that explained theItem Amante digital: as consequências pisicojurídicas da infidelidade virtual no casamento e na família(Universidade Católica do Salvador, 2020-06-10) Nascimento, Gabrielli de Carvalho; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br/The present academic work analyzes the consequences of virtual infidelity on marriage and family, through a systematic review of literature carried out through books, scientific articles and dissertations. In order to identify the pillars of family and its legal complications, the study was conducted on the historical evolution of the institution, which directly reflects the concepts of marriage and marital rights and duties.This academic work highlights that the internet has provided new ways of relations, opening up space for virtual infidelity, which presents itself as a subject that is widely discussed and experienced by today's society. This study reveals that reparation is entitled when virtual infidelity is proven and it affects the rights of the betrayed spouse through an action to repair moral damages. In the course of the process, the matter is not who caused the end of the marital relationship, but if the unfaithful spouse acted with illegal conduct, causing damage to their partner.Item Aplicabilidade da responsabilidade civil dos pais por abandono afetivo dos filhos(Universidade Católica do Salvador, 2020-12-15) Thomaz, Eduardo Santos; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.brThis article starts from the research question: how does the emotional abandonment of parents towards their children in Brazil entail civil liability? We sought, as a general objective, to discuss how the lack of affection leads to the applicability of civil liability of parents through decisions of the State Courts of Justice. It is the emotional abandonment of children as the omission of care, education, company, social assistance, which parents should offer to their children, in other words, the non-fulfillment of what is provided for in legal and constitutional text. Such suffered omissions can trigger feelings of sadness and, in certain cases, depression in the child, as well as giving rise to the applicability of the parents' civil liability. Thus, it is relevant to analyze the affective abandonment of children, in view of the legal consequence, which is the civil punishment of parents, which is the subject of Brazilian law. The specific objectives were: to analyze the relationships between parents and children in the family, defining parenting; investigate how affective abandonment can have the legal responsibility of parents; and to identify damages resulting from the parents' lack of affection in their children's relationships. As a methodology, we used the bibliographic review and analysis of scientific articles available in the Google academic and Scielo database.Item A aplicação do código de defesa do consumidor na era do comércio eletrônico(Universidade Católica do Salvador, 2020-01-11) Rodrigues, Camila Greco Moura; Alves, Sérgio Emílio Schlang; http://lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.brThe present work developed through scientific articles, monographs, and bibliographies, deals with the application of the Consumer Protection Code and its effectiveness in the face of virtual consumer relations that occurs through applications, platforms, websites, among other possible electronic tools. As well as, to the relevant innovations for consumer relations in Brazil from Federal Decree No. 7.962/13. In addition to the definitions and challenges of virtual contractual relations, given that in the case of post-modern legal relations, the vulnerability is even greater when compared to traditional legal relations. It is also necessary to analyze the structure of consumer relations celebrated through the internet and consumer guarantees, this being the most vulnerable part of the relationship, taking as reference the CDC and the principles that govern it, being of paramount importance, security ; clear information; truthful advertising; contractual protection; indemnity; and the supplier's strict liability. This article is aimed at consumers who are interested in being aware of their rights in the face of electronic commerce, which is increasingly socially fused, and anyone who wants to delve into the excellence and pro activity of consumer rights.Item Assédio no meio ambiente de trabalho e suas conseqüências à integridade física e psíquica da pessoa humana: uma perspectiva em torno da saúde como direito fundamental do trabalhador(Universidade Católica do Salvador, 2014-10) D'Albuquerque, Teila Rocha Lins; UCSAL, Universidade Católica do SalvadorItem O casamento da pessoa com deficiência intelectual: autonomia ou dependência?(Universidade Catolica de Salvador, 2018-12) Pascoal, Roberto Brandão; Pacheco, Joelma Ferreira Silva Primo; http://lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br; Félix, Germana Pinheiro de Almeida; http://lattes.cnpq.brThis work intends to analyze the marriage of the person with intellectual disability in the light of Article 6, I, of Law 13,146 / 2015 (Brazilian Law of Inclusion), in which it changed the civil capacity system of the Civil Code of 2002, granting the person with disabilities in a generalized way, the full capacity to self-determine in society, arising for this, the concern, if the marital bond goes through autonomy or dependence before the concrete case for its effectiveness.Item Corpos femininos em trânsito: a importunação sexual contra mulheres em transportes e vias publicas no Brasil(Universidade Catolica de Salvador, 2019-06-13) Silva, Beatriz Ferreira Honorato da; Ferreira, Tereza Cristina; lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; lattes.cnpq.brThe purpose of this article is to analyze the legal and social effects through the implementation of the new Law 13.718 / 18 that typifies the crime of sexual importuning. This work will analyze the issues surrounding the patriarchal system, gender violence and how the brazilian male chauvinist culture violently segregates the women dignity in the country, so, presented the reflection of how the crime of sexual importunation interferes negatively in the life of the female figure, emphasizing the practice of this crime inside public transportation and on the streets in Brazil. Thus, the systematic rewiew of the work was constructed through literary studies, beeing used scientific articles that talking about the subject. Therefore, it aims to identify how the state, with society, dealing with violence against women cases, their sexual freedom and how the agents of sexual crimes are culturally viewed and trated by the social enviroment.Item Desatando os laços de amor: a dificuldade da guarda compartilhada dos animais de estimação(Universidade Catolica de Salvador, 2019-06-13) Gabriel, Paola Gomes; Oliveira, Teresa Cristina Ferreira de; lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; lattes.cnpq.brThis article aims to analyze the pet’s destination resulting from the society dissolution and conjugal bond, focusing on the probabilities of a shared custody. This work is based on bibliographical and documental researches. Observing that most of the analyzes show the positive factors of the presence of the pets in a family, many of these pets assumed the “son status”, which as a being has a capacity for feeling and sensations in a conscious way, the pet can’t be seen as an ordinary object, due to this animals has received rights, determining responsibilities to their owners at the end of a conjugal relationship, showing be viable pet’s shared custody, aiming the animal’s welfare, as demonstrated by jurisprudence, there are bills in progress to rule pet’s situation, which are: Projeto de Lei 1.058/2011 and Projeto de Lei 1.365/2015.Item Direito à saúde mental em ambientes de trabalho: um estudo sobre a proteção jurídica do trabalhador(Universidade Catolica de Salvador, 2015-02-19) D'Albuquerque, Teila Rocha Lins; Pitta, Ana Maria Fernandes; http://lattes.cnpq.br/6774614083110510; Portella, André Alves; Coelho, Thereza Christina Bahia; http://lattes.cnpq.br/9473312982822941The work has the right to its theme the mental health in the workplace, Which Will Occur debate Especially on the statutory protection afforded to workers Estes. The central issue we ask the the law has safeguarded the rights of workers using the justice claim of mental disorders Arising from work. The inquiry is qualitative has the bibliographical and documentary nature. Initially, we sought the theoretical framework about the work and mental health universe. Subsequently, the law was approached through the laws, organs and Legal professionals working in this sphere. In the desk phase, there was the multiple cases study with analysis from Judgments of the Labour Superior Court site, judged in 2013 from the word "depression".. The social relevance of the study is due to the frequency of cases of mental disorders in workers who associate the working environment for Their psychological problems, Which can be verified by data from Social Security, it is important to proceed with the dissemination of knowledge on the Legal protection que These workers have access. Also, it is Believed que inquiry can Provide awareness on the subject, yet lacking in concern for Enterprise and stigma object by society. From the above, it shouldnt be Noted que the theoretical contribution used converges in The Possibility of having close relationship between work and mental health, Which Occurs from Long Ago, lasting to the present times. The analysis of Decisions in turn, expresso interesting results, heating up the debate with Considerable presence of banking and call center operators the authors in labor claims, in addition to verification demands with Favorable results to workers due to the recognition of the causal link between work and developed mental illness.Item O direito do consumidor no E-commerce(Universidade Católica do Salvador, 2021-12-09) Silva, André Mauricio Machado da; Alves, Sérgio Emílio Schlang; http://lattes.cnpq.br/; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br/Item A filiação socioafetiva e a importância da preservação dos vínculos familiares(Universidade Católica do Salvador, 2020-12-16) Santos, Bruna Carvalho; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.brThe purpose of this article is to study and analyze within family law, the importance of preserving family ties in terms of the constitution of socio-affective affiliation and its consequent legal effects. The work was developed through the method of systematic literary review, analyzing texts, doctrines, articles and jurisprudence on the subject. In this way, an approach about the history of the evolution of the Brazilian family becomes relevant and then, the study of the valuation of affection, this being the vector and determining factor for the development of the contemporary understanding of the idea of family. In the end, it seeks to form an understanding about the relevance that formalized ties have for the lives of those involved and the impact that this break can have, as well as the jurisdictional understanding about the impossibility of its deconstruction.Item A garantia do melhor interesse e da proteção integral da criança e do adolescente institucionalizados na relação de apadrinhamento afetivo(Universidade Católica do Salvador, 2020-06-10) Assunção, Cândida Letícia Dourado Queiroz de; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br/This article aims to enable knowledge about the affective sponsorship program and the discussion on how is the relationship of the persons that are involved. The work was constructed through the method of systematic literary review based on studies of texts, books and scientific articles, aiming to seek answers to the questions addressed during the text. At this way, the article goes through the brief history of the institute of the family and adoption in the world and, then, in the Brazilian legal system, serving as an introduction to the main theme which is the affective sponsorship and its purpose of helping children and teenagers institutionalized, guaranteeing full protection and the best interest of the child.Item Jus postulandi: os aspectos positivos e negativos do instituto e sua aplicabilidade no âmbito dos Juizados Especiais Cíveis (Lei no 9.099/95)(Universidade Católica do Salvador, 2020-12-11) Gilla, Camilla Cardoso dos Santos; Alves, Sérgio Emílio Schlang; http://lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.brThe present article aim to analyze the jus postulandi institute at the Small Claims Court, running through especially its relevance at the access to justice scope and, equally, through the negative effects that may be the result of the lack of technical defense. Therefore, it pursuits the examination of the institute by examining it to confirm that this institute reaches the result to which it was created by allowing the possibility of postulate at a court of law, operating as an effective guarantee of access to justice or, despite of its pretension, promotes inequality between the plaintiffs by aggravating the vulnerability of the plaintiff without assistance of an attorney, on account of their absence of technical knowledge.Item A mediação como meio eficaz na resolução dos conflitos de família(Universidade Católica do Salvador, 2019-06-13) Santos, Matheus Odilon dos; Oliveira, Teresa Cristina Ferreira de; lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; lattes.cnpq.brThis article analyzes and has its goal the using of mediation on resolving family conflicts, and the consequences to whom involved on these relations. Mediation has been receiving prominence in the brazilian legal system, for being a consensual, dynamic and faster alternative to promote social pacification. The methodology applied on this article was the systematic review of literature, based on books and scientific articles in the legal world, as well as scholars and experts in the field of conflict mediation. It was concluded that mediation is the most appropriate method of handling conflicts, as this method encourages dialogue between the parties, which enables the restoration and maintenance of pre-existing links.Item Mediação familiar – possibilidades e limites frente a alienação parental(Universidade Católica do Salvador, 2020-06-10) Paranaguá, Maria Conceição dos Santos; Oliveira, Teresa Cristina Ferreira de; http://lattes.cnpq.br/; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br/This article aims to analyze the Institute of Family Mediation, its advances and challenges, in the perspective of the prevention or reduction of family conflicts, in the context of parental alienation, allowing a critical reflection on the family, from its origin to the current scenario. Family relationships are characterized by aspects of continuity, affectivity, feelings and emotions, requiring special attention from professionals who wish to contribute to a more just and egalitarian society. When it comes to resolving family conflicts, Family Mediation has proven to be adequate, in the spaces where it has been used, favoring faster and more accepted decisions by the parties. In this sense, it is questioned why there is no greater interest among legal professionals, as well as among citizens, in the search and use of this institute to prevent or minimize clashes in families. The research has as sources of study a bibliographic review, which includes current readings on the subject, in the light of the constitutional principles and norms and in the view of recognized authors, the doctrine and the infraconstitutional legislation, as well as data on the Judicial Centers of Consensual Solution of Conflicts (CEJUSC), of Salvador-Bahia, obtained on the official websites, through national public organizations referring to the demands in the period from 2018 to 2019.Item A perda do poder familiar no Código Civil de 2002(Universidade Católica do Salvador, 2020-06-09) Miranda, Jamile dos Santos Serra; Viana, Florimar dos Santos; http://lattes.cnpq.br/; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.br/the loss of family power, is the loss of the parents' right to exercise parental authority before their children, dealt with in the legal scope of the Civil Code of 2002 and related legislation. The legal circumstances under which it occurs range from immoderate punishment, abandonment, and the practice of acts contrary to morals and good customs. The loss of family power is determined by a court decision, when living with parents results in damage to the child's best interest and damage to their fundamental rights. The power that the law attributes to parents on equal terms is an indispensable duty, due to its importance for the preservation of the family constitution. Given its importance, the law provides ways to preserve it. Thus, it is considered that the loss of family power is the last and most serious measure imposed by the judge. Overlapping the suspension, which is temporary. Considering the loss, a legal sanction.Item O reconhecimento das uniões paralelas e seus efeitos jurídicos(Universidade Católica do Salvador, 2019-06-10) Gil, Beatriz Bonifácio; Loi, Bárbara Camardelli; http://lattes.cnpq.br; Viana, Cláudia Maria de Amorim; http://lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; http://lattes.cnpq.brThis monograph have aims to demonstrate which the legal effects that may arise from the recognition of parallel unions in the Brazilian legal system. The study carried out part of the conceptual analysis through doctrines and jurisprudence, of the institutes that preceded it, as marriage, concubinage, stable union and all the family pluralism existing in the present day. It was studied its historical and legislative evolution, in order to understand the paths followed by Family Law to reach the advances achieved. And lastly, some of the judges who have addressed the issue will be examined and therefore have opened precedents in this important issue for the law.