Browsing by Author "Fraga, Fagner Vasconcelos"
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Item Uma análise acerca da importância do princípio da preservação da empresa em face das crises financeiras enfrentadas por microempresas e empresas de pequeno porte (EPPs)(Universidade Católica do Salvador, 2020-12-18) Delavequia, Tales de Oliveira; Rodrigues, Joana Rêgo Silva; http://lattes.cnpq.br/; Fraga, Fagner Vasconcelos; http://lattes.cnpq.br/The present work aimed to analyze the importance of micro and small companies for society. The theme if necessary when the importance of micro-enterprises and EPPs in our country was analyzed, since they generate jobs and income, and thus improve the population's living conditions. Despite this, they also have a huge bankruptcy rate due to the difficulties faced daily. For the development of the work, methods of bibliographic review and analysis of relevant documents on the topic were used.Item A análise constitucional da atualização das faixas de incidência do imposto de renda da pessoa física sob a ótica do princípio da capacidade contributiva(Universidade Catolica de Salvador, 2019-01-29) Fraga, Ingrid Dube; Santos, Ricardo Simões Xavier dos; http://lattes.cnpq.br; Fraga, Fagner Vasconcelos; http://lattes.cnpq.brThe effectiveness of tax justice is one of the scopes of the principle of contributory capacity. In order to do so, various criteria and sub-principles must be observed by the infra-constitutional legislator in the imposition of taxes. This study aims to an in-depth analysis of the incidence zones of the Personal Income Tax and their respective rates from the perspective of the contributory capacity to verify the application of the criterion of progressivity to this tax and if the updates of its rates are in accordance with the provisions of the constitutional norm. It also aims to set the connexion between distributive justice and taxing, and finally, it aims to demonstrate the inconsistencies of the Brazilian tax system, which reproduces a situation of socioeconomic inequality, considering that a tax burden compatible with the economic capacity of the contributing citizen is not visualized.Item A concentração empresarial como um instrumento de preservação da atividade econômica: a teoria Failing Firms Defense como solução para empresas brasileiras em crise(Universidade Católica do Salvador, 2020-12-17) Conceição, Ellen Bianca Lima da; Santos, Alisson Menezes dos; http://lattes.cnpq.br; Fraga, Fagner Vasconcelos; http://lattes.cnpq.brItem Conflito de competência entre o Tribunal de Contas e as comissões mistas permanentes quanto ao julgamento e controle das contas do chefe do executivo: uma análise do recurso extraordinário n. 848.826, pelo Supremo Tribunal Federal(Universidade Católica do Salvador, 2019-01-18) Oliveira, Eric Araújo Andrade; Fraga, Fagner Vasconcelos; http://lattes.cnpq.br; Fraga, Fagner Vasconcelos; http://lattes.cnpq.br; Xavier, Ricardo; http://lattes.cnpq.brItem Da possibilidade do exercício concomitante de cargos públicos acumuláveis com o mandato político de vereador(Universidade Católica do Salvador, 2019-12-12) Brito, Anne Caroline de Oliveira; Freire, Marco Valério Viana; http://lattes.cnpq.br; Fraga, Fagner Vasconcelos; http://lattes.cnpq.brThis paper examines the possibility of the accumulation of two public positions concurrently with the exercise of truth, recalling the concepts under the constitutional prism of public agents in the categories of public servant and political agent. Thus, an analysis of the investiture mode, nature, attributions and duration of the municipal councilor function is made. The study of the constitutional basis of these theoretical categories will serve to better understand the prohibitions present in the text of the 1988 Magna Carta, thus allowing to assess the possibility of accumulation of public office with the referred elective mandate. Keywords: City council. Functions accumulation. Public service.Item O descumprimento dos requisitos fiscais do CAUC e o financiamento municipal: uma análise sobre a burocratização do serviço e o princípio da eficiência(Universidade Catolica de Salvador, 2016-06-28) Fraga, Fagner Vasconcelos; Portella, André Alves; http://lattes.cnpq.br/1782631349656661; Cunha Júnior, Dirley da; Humbert, Georges Louis HageThe current research aims at presenting the impact bureaucracy, which accrues from fulfilling fiscal requirements demanded by the Auxiliary Service of Information for Voluntary Transfers (ASIVT), causes to the municipal public funds as it constitutes a barrier for the obtainment of financial resources from the Union. In this pathway, there was concern about describing how this service works, its characteristics, the way it operates, and the fiscal items to be achieved by the municipal public managers as a way of obtaining tributary resource transfers that arise from the Union. This way, it was expatiated information about the formation of the Brazilian Federal Estate, the changes occurred after the advent of the Republic Constitution with emphasis on the issue of the promotion of Counties as federative entities and its constitutional consequences, in confrontation with the emergence of standards contained in the Fiscal Responsibility Law. ASIVT purposes were described, as it was created with the objective of expliciting if there is compliance with legal conditions for the effectiveness of the voluntary government transfers of federal funds, which would hasten the finding of regularity in attesting the expected fiscal requirements in the legal system, without the need of presenting documents, for every process between public entities, which brings an overall slowdown. Nevertheless, the research presented and analysed the effects in the municipal financial field in face of the bureaucratic institutional phenomenon incorporated to the stringency of the demand of numerous tax requirements which compose the ASIVT that end up preventing those transfers to the counties. In order to develop the present paper, it was utilized as a methodological resource the qualitative research in terms of performing a study, comparisons, constructions and conclusions regarding the budgeting dependency of counties on the Union financial resources and the consequences for the consecution of the local public policies occasioning a reflection about the use of the current model for voluntary transfers with the need of performing a systematic review with the aim of reaching the objective for which it was created.Item O direito educacional e a proteção ao direito à educação de qualidade(Universidade Catolica de Salvador, 2019-01-21) Santos, Simone de Souza dos; Fraga, Fagner Vasconcelos; http://lattes.cnpq.br; Freire, Marco Valério Viana; http://lattes.cnpq.brThe purpose of this article is to analyze the role of educational law as a branch of law that regulates educational relations in public schools, as well as verify the guarantee that it can provide for the realization of the right to quality education. Formal education occurs in specific spaces such as schools and educational institutions, and according to the National Education Guidelines and Bases Law can be offered in private and public institutions. However, despite the obligation of public bodies to promote it with minimum standards of quality, there are failures in the provision of educational services. Thus, when it is found that the service rendered in a public school has not served the purpose for which it is intended, what to do? Who to turn to? What are the guarantees that the Education Law can afford to protect the right to quality education in public schools? . To answer these questions will be analyzed the topics that refer to the legal historical antecedents of education in Brazil, the Responsibility imputed to the entities of the public administration in the light of the educational law, the search for the definition of the concept of Quality employed to education and finally, which bodies are constituted to protect the right to quality education. The relevance of this study is made by the importance of education as an indispensable mechanism for human development and social rights of citizens.Item O direito fundamental ao desenvolvimento na Constituição Federal de 1988(Universidade Católica do Salvador, 2015-10) Fraga, Fagner Vasconcelos; UCSAL, Universidade Católica do SalvadorItem O espaço para cidadania e direitos humanos na pós-modernidade(Universidade Católica do Salvador, 2015-10) Fraga, Fagner Vasconcelos; UCSAL, Universidade Católica do SalvadorItem Um estudo sobre o cabimento da tutela de urgência diante das ilegalidades das sanções políticas pela modalidade de apreensão de mercadorias(Universidade Católica do Salvador, 2015-10) Costa, Thiago Batista Americano da; Fraga, Fagner Vasconcelos; UCSAL, Universidade Católica do SalvadorItem Inconstitucionalidade da cobrança do difal para o simples nacional.(Universidade Católica do Salvador, 2019-06) Silva, Jamily Duarte da; Fraga, Fagner Vasconcelos; https://wwws.cnpq.br; Santos, Alisson Menezes dos; https://wwws.cnpq.brThe present article has as object of discussion the unconstitutionality applied to the collection of the differential of ICMS rates of Micro and Small Enterprises opting for National Simples. The SIMPLE institute was created to simplify the collection of the taxes destined to these companies, since they are more fragile and, consequently, they lack a more subtle regime, since at present the ME and EPP are of great relevance for the economy national. It was sought to bring the essence of the Brazilian tax system from the origin so that it would then deepen on the dealings given to the tax in question, as well as the relevant aspects of its composition. However, as will be approached in the course of the present work, with the normalization of Constitutional Amendment No. 87/2015, which brought with it the application of the Aliquot Differential regime for cases related to ICMS, which, although not affecting the companies opting for the Simple, it opened the doors for the Ministry of Finance to establish ICMS 93 Agreement, of 2015, and with it the application of the Micro and Small Companies, which will be demonstrated during the present study, a flawed conduct of unconstitutionality.Item Jovens em conflito com a lei: uma análise jurídica sobre menores infratores e a relação com a imputabilidade penal(Universidade Católica do Salvador, 2019-06-13) Sá, Gabriela da Costa Ribeiro; Rangel, Caio Mateus Caires; https://wwws.cnpq.br; Figueiredo, Cristiano Lázaro Fiúza; https://wwws.cnpq.br; Fraga, Fagner Vasconcelos; https://wwws.cnpq.brThe legal age of criminal responsibility is nothing more than the minimum age for a person to be criminally responsible for the infraction committed. There is a lot of disagreement today about whether to be for or against the reduction and whether or not it is constitutional. In view of being a very current and controversial topic, a debate on this subject is necessary. The methods used to perform the present study were: historical, inductive and comparative. The result that this work intends to achieve is the fomentation of the aforementioned question, that is, the reduction of the criminal majority, being it feasible or not in view of the current situation in Brazil. It is also taken into account if minors are aware of unlawfulness, that is, whether or not they know the consequences of the act to be practiced and the reasons for juvenile delinquency and the reason behind such violence practiced by these young people.Item Judicialização da saúde: fornecimento de medicamentos segundo o julgamento do recurso especial n°1.657.1561.(Universidade Católica do Salvador, 2019-01-18) Assis, Apoena Guerreiro; Cortês, André Quadros; http://lattes.cnpq.br; Fraga, Fagner Vasconcelos; http://lattes.cnpq.brThe scope of this study is to present, from a legal point of view, the topic of health judicialization, taking into account the current position of the Superior Court of Justice in the judgment of Special Appeal No. 1,657,156 / 2017, which establishes criteria to be followed by magistrates in decision-making in the case supply of medicines outside the normative acts of the Unified Health System. In the course of the investigation the legitimacy of the judiciary's actions in the actions that involve the right to health was analyzed, besides the diverse positions of jurisprudence and Brazilian doctrine about the supply of medicines buy the State. For this purpose, the article was based on bibliographical research, based on the legal provisions of Constitutional Law and Administrative Law, as well as books, articles, periodicals and also in the jurisprudence of the Courts on the subject.Item A lei da transferência do direito de construir (TRANSCON) no âmbito da cidade do Salvador(Universidade Católica do Salvador, 2018-12) Anjos, Lívio Ádamo Santos dos; Fraga, Fagner Vasconcelos; http://lattes.cnpq.br; Cortês, André Quadros; http://lattes.cnpq.brThe purpose of this article is to study how Transfer of the Right to Build (TRANSCON) can add value in the exploration and development potentials of certain areas as of the enactment of Law no. 3,805 / 1987, decreed by the City of Salvador. However, given the need and curiosity to understand the concept and the way of using this instrument, it is necessary to understand Law no. (PDDU) of the Municipality of Salvador, which allows the owner of a certain area to exercise, in another place, or to dispose, through a public deed, the right to build to the City Hall of the city. In this way, we intend to evaluate TRANSCON as a possible provider of urban development, adapting the real estate structure of the city of Salvador to due respect not only to administrative regiments, but mainly to the legal system.Item O princípio da dignidade da pessoa humana em disputa ao direito à vida em relação à legalização do aborto no Brasil(Universidade Católica do Salvador, 2021-06) Guimarães, Ramon de Almeida Bagano; Fraga, Fagner Vasconcelos; http://lattes.cnpq.br/; Figueiredo, Cristiano Lázaro Fiúza; http://lattes.cnpq.br/The overweight of the State's responsibility in welcoming women who do not wish to complete the reproduction process is totally misaligned and thrown into a criminal classification, reducing this act to a text of the Penal Code that incriminates the actions of women and third parties in the abortion procedure. Through the judgment of HC No. 124,306 in Rio de Janeiro, the STF Minister, Luís Roberto Barroso, opined that every individual has ensured a legitimate space of privacy in which interests, values and desires are encompassed, and it is not for the State to interfere, that is , it should not be different in relation to the choice of women in the sense of interrupting pregnancy until the third month, since the autonomy of the choice should be exclusively its own. The relentless search by support groups for the recognition of female autonomy over their own bodies goes through an exhaustive process of confronting social machismo and religious opinion that defends the Right to Life, removing the power of choice in the gestational process. In this sense, this research intends, among consultations to the principles of the Federal Constitution, to the national jurisprudence, statistical data and manifestos of the social movements, to instigate with regard to the need of the State to receive both women who wish to have an abortion until the third month of pregnancy as for women who wish to have a child, however, they are in adverse situations to support the infant, thus avoiding several attempts at mutilation, serious injuries and even deaths that are the result of most of the abortions carried out by clandestine means.Item Proposta clube-empresa: uma análise jurídica do projeto de lei no 5.082/2016 à luz da realidade dos clubes na primeira liga do futebol brasileiro(Universidade Católica do Salvador, 2021-06-22) Damasceno, Bruno Santos; Santos, Alisson Menezes dos; http://lattes.cnpq.br/; Fraga, Fagner Vasconcelos; http://lattes.cnpq.br/The present article has as main objective the study of the law no 5.082/2016 through the reality of the Brazilian football clubs, with the scope of demonstrating the viability of the transformation of the club-company association, the transforming aspects and the main impacts that would cause in the clubs that would make this change. It takes into account the financial situation of the clubs and the feasibility of the practice of change, through tax incentives and the succession of obligations imposed by the project. Thus, through bibliographic, documentary and data research, it is urgent to bring up a real possibility of transformation, the problems to be faced and the state role in the transformation.Item As repercussões administrativas de conduzir veículo automotor sob a influência de álcool: um estudo sobre o confronto entre o princípio da segurança viária e as garantias do processo acusatório(Universidade Católica do Salvador, 2019-01-21) Santos, Thayana Cardoso dos; Freire, Marco Valério Viana; http://lattes.cnpq.br; Fraga, Fagner Vasconcelos; http://lattes.cnpq.brThe objective of this article is to analyze the administrative consequences attributable to the driver of a vehicle driving under the influence of an alcoholic beverage, in breach of the current Brazilian legislation, the Brazilian Traffic Code, Law nº 11.275/2006, Law nº 11.705/08 and Law nº 13.281/16, demonstrating the history of the changes coming from these laws in the Traffic Code, to question constitutional aspects of the confrontation between the principles of road safety, of the fence to the production of evidence against itself and of the non-self-incrimination, with respect to the infractional framework of the one who refuses to perform the breathalyzer test. The methodology used is based on the bibliographical review, with the purpose of approaching the administrative measures applicable by law, aiming at the analysis of articles, with ballast in doctrine, jurisprudence and in statistical data.Item A responsabilidade civil do estado em relação à omissão quanto ao saneamento básico frente ao surto de zika vírus em salvador-ba.(Universidade Catolica de Salvador, 2019-01-17) Hotz, Julia Marine Maeva; Fraga, Fagner Vasconcelos; http://lattes.cnpq.br; Quadros, André; http://lattes.cnpq.brThe right to health is a fundamental guarantee recognized in the Federal Constitution of 1988, where the Magna Carta attaches to the State's duty to guarantee it through social and economic policies that aim to reduce the risk of disease and other ailments. Back in 2016, Brazil was surprised by an outbreak of comorbidity Zika virus, transmitted by a mosquito Aedes aegypt, where, among many harmful effects on health of whom the contracts, can cause microcephaly in unborn children. This situation has become a national epidemic, having as an aggravating circumstance the rapid proliferation of the mosquito transmitter, considering their reproduction and development in the context of stagnant water and accumulation of garbage in places where there is no basic sanitation, facilitating the accumulation of mosquito breeding sites. The present article aims to analyze and discuss the civil liability of the State as regards the omission regarding its duty to provide an efficient basic sanitation for the population, correlating this panorama to the outbreak of zika virus. For both, it is intended to address the topic focusing on the damage that the bitter society with the disease in comment, pointing out the difficulties caused by the symptoms of the disease. Retrospectively, it will be portrayed the civil liability of the State, when talking on the theory of administrative risk and the theory of the entire risk. In addition, it will be discussed the problem of sanitation in Brazil, while there will be an analysis on the relationship of state omission regarding the reorganization and the outbreak of zika virus, so that we can assess the civil liability of the State regarding this issue.Item Tributação no mercado de capitais e sua influência sobre as desigualdades na economia nacional(Universidade Católica do Salvador, 2020-12-18) Costa Júnior, Roberto Souza da; Santos, Alisson Menezes dos; http://lattes.cnpq.br/; Fraga, Fagner Vasconcelos; http://lattes.cnpq.br/The financial market increasingly draws the attention of the individual from the moment it becomes a viable option for capital accumulation. However, as it attracts more and more people, it attracts, together, the heated discussion about the need for more adjusted taxation on this investment alternative, especially in the context of taxation on large fortunes on the stock exchange. However, in the tax aspect, it is necessary to take into account the correlation between economic balance in the collection and efficiency of the reapplication of the value obtained in response to the needs of society. In this sense, the present work intends to analyze the main and possible consequences resulting from taxation in the financial market, linking it, superficially, with the idea of taxation on large fortunes, and how much such a measure may affect the population of Brazil, seeking to verify the possibility of reducing inequality.