Browsing by Author "Freire, Lucas Rios"

Now showing 1 - 13 of 13
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    Adoção por casais homoafetivos
    (Universidade Católica do Salvador, 2020-06-05) Piza, Renan Ribeiro; Freire, Lucas Rios; http://lattes.cnpq.br/; Nascimento, Anne Feitosa do; http://lattes.cnpq.br/
    This article aims to address the adoption of children and adolescents by samesex couples. Social changes and characteristics and requirements and effects of the adoption institute will be presented, there were legal and doctrinal changes expanding the new concept of family and its guiding principles, such as affection and the best interest of the child. This was essential to break the prejudice towards homoaffective citizens, which made the jurisprudence concretize the possibility of them adopting together. Advances in the judiciary and the struggle of homosexuals for equality have admitted the same-sex union as a family entity with the same rights as the hetero-affective union. Thus, there is nothing to stop them from adopting.
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    A alienação parental e a responsabilidade civil por danos morais ao genitor ofendido
    (Universidade Catolica de Salvador, 2019-01-21) Mota, José Renan Novais; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br; Freire, Lucas Rios; http://lattes.cnpq.br
    This present article is about the application of the civil liability to the hypotheses arising from Parental Alienation Syndrome, discussing whether is appropriate the accountability to the alienator responsible for the damages caused to the alienated within the civil sphere. For this purpose, aims to analyze the parental alienation, bringing up its concept, reasons, effects and damage caused. To this, the article presents yet, law No. 12,318/2010 in order to demonstrate its protection and preservation to family values and the principles of family law, as well as the consequences which arise after the marital breakup and the identification of the Parental Alienation Syndrome.
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    O controle de convencionalidade como instrumento de proteção aos direitos sociais violados pela lei 13.467/2017: possibilidade de aplicação das convenções 98 e 154 ao artigo 611-A
    (Universidade Católica do Salvador, 2019-01-31) Oliveira, Ciro Borges; Nascimento, Anne Feitosa do; http://lattes.cnpq.br; Silva, Priscila Goés da; http://lattes.cnpq.br; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br; Freire, Lucas Rios; http://lattes.cnpq.br
    The Brazilian Labor Law has undergone considerable changes due to the approval of Law No. 13,467 of July 13, 2017, known as the "Labor Reform". The change in the Brazilian labor legislation was introduced strongly influenced by the neoliberal context that the country lives in, where the flexibilization of the norms gains strength justified by the generation of jobs. Given this context, it is that, through this work, we aimed to bring to analysis and discussion an important mechanism of control of laws that still has application and knowledge unknown by much of the legal community, the control of conventionality. This analysis will lead to the understanding that labor legislation should be interpreted in accordance not only with the Federal Constitution but also with human rights treaties and conventions, for a perfect understanding of the scope and discursive limits of its provisions. It will try to demonstrate, then, how the control of conventionality translates into an important instrument of the consolidation of a minimum civilizatory level and instrument of consolidation and effectiveness of fundamental rights. Therefore, this research is a bibliographical review, which has used books and articles that already deal with this subject.
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    O direito real de laje como instrumento de acesso à moradia
    (Universidade Católica do Salvador, 2020-06-05) Silva, Yasmin Vitória Lima; Freire, Lucas Rios; http://lattes.cnpq.br/; Nascimento, Anne Feitosa do; http://lattes.cnpq.br/
    The purpose of this article is to address the real slab right as an instrument of access to housing. The study is justified based on the perception of the latent ignorance of this right, what it consists of and what forms of constitution by the social strata that use it the most, that is, favelas and low-income communities. The general objective is to study how slab law is revealed as an instrument of access to decent housing under Brazilian law. As specific objectives it seeks to identify the social context of the emergence of the slab right, pointing out its importance for Brazilian society, in addition to the benefits brought about by its regulation, analyzed under the aspect of conceptualization, legal nature and species, pointing out the forms of constitution slab right and identifying the omission in the legislation regarding the constitution of this right. It is a bibliographic research, with a deductive approach method, under examination of the doctrinal understanding and the legislation in force in the country.
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    Honorários sucumbencias na justiça do trabalho após a reforma trabalhista – garantia do acesso à justiça?
    (Universidade Católica do Salvador, 2021-06-21) Fagundes, João Pedro Santos; Nascimento, Anne Feitosa do; http://lattes.cnpq.br/; Freire, Lucas Rios; http://lattes.cnpq.br/
    The legal fees for loss of suit in the labor court, until the implementation of Law 13,467/2017, popularly known as "labor reform", underwent changes in understanding by the judiciary. The new labor legislation implemented several changes, bringing innovations and promoting considerable changes in the general and specific labor law regarding the subject. In the understanding prior to the labor reform, it was impossible to sentence the payment of attorney fees due to the simple loss of suit of the opposing party. However, with the implementation of the labor reform, regardless of the loser's state of hyposufficiency, he would have to support the loss of suit. The legislative change was criticized by scholars, being pointed out as a violation of the constitutional principle of access to justice. That said, this article aims to identify the possible failures of the new labor legislation in the new wording regarding the loss of suit. As a methodology, the literature review method was used, with the aim of reaching references on the doctrinal and jurisprudential understanding of the segregation of access to justice after the implementation of the new legal text, the vast spread content was used as the main source of research over the network.
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    O interesse jurídico que legítima a intervenção de terceiro
    (Universidade Católica do Salvador, 2020-12-10) Bernardes, Amanda Guedes; Santos, Mirella de Freitas; http://lattes.cnpq.br; Freire, Lucas Rios; http://lattes.cnpq.br
    This article analyzes the legal interest that determines the appropriateness of the intervention of third parties in typical and atypical legal affairs and seeks to understand the requirements that the magistrate takes into account when assessing the presence of this procedural assumption when admitting the third party in the process. Legal interest and legitimacy are fundamental requirements to be exposed in the initial petition. Consequently, several theories emerged explaining how the verification of these conditions required by law should be, among these doctrinal currents, the assertion theory stood out. For this, this work adopted an exploratory methodology, through bibliographic research, jurisprudential, supported by the legislation on the subject.
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    Judicialização da saúde e seus impactos na gestão orçamentária e financeira do estado
    (Universidade Católica do Salvador, 2019-06-10) Almeida, Ludymila Rocha; Freire, Lucas Rios; http://lattes.cnpq.br; Nascimento, Anne Feitosa do; http://lattes.cnpq.br; Oliveira, João Gonçalves de; http://lattes.cnpq.br
    The objective of this study is to analyze the activity of the Judiciary in the administrative sphere, regarding health effectiveness and how this impacts on the public budget, identify the consequences of the judicialization and the discussion about the right to life and health and the capacity of the State, as well as to explain how the right of one could harm the right of the collectivity. To present a reflection on the subject, in order to rationalize the problem through the development of parameters that can justify the Judiciary's action regarding the judicialization of health. About the methodology used was Bibliographic Research and the hypothetical-deductive method. Finally, it was concluded that the judicialization of health ends up generating impacts on the budget management of the State, causing administrative disorganization.
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    O trabalho intermitente no Brasil: reforma trabalhista e suas implicações no trabalho
    (UCSal, Universidade Católica do Salvador, 2021) Freire, Lucas Rios; Souza, Cláudio André (Orient.)
    O presente trabalho objetivou identificar quais os reais efeitos da reforma trabalhista estrutural, por meio das Leis n. 13.429 e 13.467, de 2017 sobre a vida daqueles que trabalham, investigar se as promessas de geração de emprego e crescimento econômico social dos trabalhadores foram cumpridas ou se houve uma desestruturação do mercado quanto aos aspectos pesquisados. Foi realizado, durante a investigação: um levantamento do processo jurídico-legislativo de aprovação da reforma trabalhista; um levantamento dos impactos do trabalho intermitente na cidade do Salvador, considerando sua economia; e entrevistas com trabalhadores intermitentes na cidade do Salvador (no ramo do comércio, restaurantes e supermercados). Entre os principais achados destaca-se que o principal desafio do contrato de trabalho intermitente é que, não obstante fique caracterizada a relação de emprego, formalmente registrada na CTPS, não há qualquer garantia de prestação de serviços, nem de aferição de remuneração ao final do mês, fazendo com que os trabalhadores não realizem sonhos, não consigam planejar a ascendência profissional e social, de modo que sempre estará em situação de precariedade e fragilidade social.
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    A perpetuação do trabalho análogo a escravidão: uma reflexão acerca da expropriação do tempo de trabalho dos bikeboys
    (Universidade Católica do Salvador, 2021-06-18) Costa, Cláudia Freitas; Nascimento, Anne Feitosa do; http://lattes.cnpq.br/; Freire, Lucas Rios; http://lattes.cnpq.br/; Rodrigues, Joana Rêgo Silva; http://lattes.cnpq.br/
    After 133 years of the abolition of slavery, it is possible to find subjected, marginalized and exploited subjects in various work spaces. Current labor practices in the middle of the 4.0 century of Revolution allude to the situation of workers characterized by article 149 of the Penal Code as work analogous to slavery. Therefore, this article unfolded about deliverymen - bikeboys - by application, aiming to understand the slave mechanisms used to escape the pillars of the democratic rule of law, their forms and working conditions. In this context, the research will be based on specific literature, focusing on the extent to which the current legislation in Brazil protects the rights of bikeboy delivery guys, regarding the expropriation of working time. It will follow the paths of qualitative and quantitative research, precisely because it offers analytical dialogues that consider both the subjective aspects and the possible data of quantification, essential for the unfolding of the specific objective, which is to verify whether the concept of work analogous to slavery applies to the routine of bikeboy delivery guys who work for applications and identify the existing norms about the work developed by these workers and how the expropriation of working time occurs.
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    A possibilidade do dano moral para o abandono afetivo inverso da pessoa idosa
    (Universidade Catolica de Salvador, 2019-01-29) Silva, Mariana de Oliveira; Loi, Bárbara Camardelli; http://lattes.cnpq.br; Freire, Lucas Rios; http://lattes.cnpq.br
    This article intends to verifying the possibility of recognition of moral damages in the hypothesis of affective abandonment inverse of the elderly person, by their own grown up children. Through the deductive method, using the technique of bibliographical, doctrinal and case law research was analyzed that, even if there is no specific law on the subject, there is a special protection guaranteed to the elderly person, in the Federal Constitution of 1988 and in the Statute of the Elderly. The obligations of the children in the face of the elderly parents were studied, trying to understand the family obligations, and, consequently, the possibility of the immaterial damage resulting from the reverse affective abandonment.
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    O preço da liberdade: uma análise da nova redação do parágrafo único do artigo 421 do Código Civil dada pela Lei de Liberdade Econômica perante a Constituição Federal
    (Universidade Católica do Salvador, 2020-06-08) Aragão, Beatriz Pereira; Nascimento, Anne Feitosa do; http://lattes.cnpq.br; Freire, Lucas Rios; http://lattes.cnpq.br
    The Federal Constitution has elements that form the State itself, and that is precisely why instruments for its maintenance are also exposed, the control of constitutionality. This subjects all national legislation to be in harmony. Since the law was seen in a unitary way, the Civil Code was written on a principiological basis, especially Contract Law. An example of this is the concept of social function, according to which the contract must meet the particular interests of its members and also the wishes of society. However, with the advent of Law 13,874 / 2019, a misdirection of the constitutional free initiative, there were limitations of these concepts based on article 421 of the Civil Code, resulting in the obstruction of access to the Judiciary and maintenance of unbalanced contracts. However, since these definitions are derived from the Constitution itself, if they are violated, this law must have its constitutionality analyzed.
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    A prisão civil por débito alimentar: uma análise a partir da perspectiva da função da pena
    (Universidade Catolica de Salvador, 2019-01-30) Machado Filho, Joel Lima; Freire, Lucas Rios; http://lattes.cnpq.br; Nascimento, Anne Feitosa do; http://lattes.cnpq.br
    The purpose of this article is to study the usefulness and efficacy of civilian imprisonment, while envisaging the principle of human dignity, in which the legislator protects the part of the least capacity. It is pertinent to discuss the importance of complying with the obligation to provide food and why lawmakers separate the incarceration of defaulters from their obligation to provide food. Analyzing the legal unfolding of this sanction and the effectiveness in its application. It is perceived that the possibility of incarceration of the defaulter, creates a fear to the debtor and social commotion, following the intention of the legislators, the fulfillment of the obligation.
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    Responsabilidade civil pela devolução do menor adotado
    (Universidade Católica do Salvador, 2019-01-18) Oliveira, Amanda de Cerqueira; Félix, Germana Pinheiro de Almeida; Oliveira, Amanda de Cerqueira; Freire, Lucas Rios; http://lattes.cnpq.br; Félix, Germana Pinheiro de Almeida; http://lattes.cnpq.br
    The present article aims to address the possibility of civil responsibility of adopters in cases where there is withdrawal of adoption. This measure is relevant because of the social and psychological damages that such behavior may cause the adoptee to be returned to the care of the biological family after the legal negotiations of adoption. To this end, the Magistrate must act with special caution in the defense of the best interest of the child and the adolescent seeking their full protection, considering their status as a developing person.