Browsing by Author "Nascimento, Anne Feitosa do"

Now showing 1 - 15 of 15
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    Adoção de crianças e adolescentes soropositivos no Brasil
    (Universidade Catolica de Salvador, 2019-01-30) Araújo, Jamile de Almeida Silva; Nascimento, Anne Feitosa do; http://lattes.cnpq.br; Rios, Lucas; http://lattes.cnpq.br
    This article aims to analyze the adoption of HIV positive children and adolescents in Brazil, since the growth rate of HIV virus contamination is present in the present and generate for their patients not only disorders, but also psychosocial disorders. The coexistence of people infected by this virus with other members of society is still treated as a taboo to current society, given the prejudice and even the rejection that the infectious-contagious disease sufferer becomes a target before society.
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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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    Os aplicativos de transporte à luz do direito do trabalho brasileiro
    (Universidade Católica do Salvador, 2020-06-10) Guerra, Manuela Corrêa; Gurgel, Christianne Moreira Moraes; http://lattes.cnpq.br/; Nascimento, Anne Feitosa do; http://lattes.cnpq.br/
    This study aims to analyze the phenomenon of transport applications within the scope of Labor Law, which had been the subject of numerous discussions on the topic, including the new labor model inserted in the labor market. In this sense, it addresses the impacts of this relationship, cumulatively, with the flexibility of our current legal system, highlighting, later, the precariousness of work. Therefore, in order to deepen the article, the economic effects that led to the occurrence of this technological phenomenon in the field of work and its social evolution had been examined. Given this scenario, we checked the UBER transport application, which stands out with its rapid growth and its notoriety with society. In this article, understandings of jurisprudence on the subject, national and international, were investigated so that the divergences in them can be understood. In view of this, it is concluded that, it is necessary to implement regulatory norms on the subject so that it can unify jurisprudential understandings and safeguard the rights and guarantees of the under-sufficient part of the work relationship, the employee.
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    Aquisições públicas emergenciais para o enfrentamento da pandemia de COVID-19 e as implicações no município de Vitória da Conquista/Ba
    (Universidade Católica do Salvador, 2020-12-16) Souza, Beatris Marques e; Vaccarezza, André Bastos; http://lattes.cnpq.br/; Pacheco, Joelma Ferreira Primo; http://lattes.cnpq.br/; Nascimento, Anne Feitosa do; http://lattes.cnpq.br/
    This Research aims to more objectively analyze the new panorama of Public acquisitions of goods and services carried out on an emergency basis in the face of actions aimed at coping with the COVID-19 Pandemic to overcome the State of Calamity in Public Health experienced during the year of 2020 across the country. The purpose of this paper is to discuss, in particular, the current administrative reality and the innovations brought about by the new perspectives of provisional law, created due to the moment of health crisis generated by the new Coronavirus (SARS-COV-2), namely through Law No. 13.979 / 2020 and Law No. 14.035 / 2020. The new legal rules aim to provide greater agility and efficiency in public procurement processes and, consequently, offer faster and more effective responses in order to mitigate the spread of the virus and minimize the possible damages arising from Pandemic. To this end, a spatial approach is made to the actions adopted in the city of Vitória da Conquista, a municipality located in the Southwest of Bahia, being the third largest city in the State and the fourth most affected by Pandemic.
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    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.
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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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    Da escravidão às garupas urbanas: a precarização do trabalho
    (Universidade Católica do Salvador, 2020-12-11) Costa, Ananda de Oliveira Queiroz; Nascimento, Anne Feitosa do; http://lattes.cnpq.br; Leão, Ilton Vieira; http://lattes.cnpq.br
    The present project aims to raise questions about slave-like work in the 21st century, therefore, it is imagined about the slavery of the past centuries, of the colonization time, in which, the enslaved worked in an exhaustive and dangerous way. However, countless people are subjected to conditions of contemporary slave labor, such as food deliverers via an application that is the main object of this project. Therefore, it is asked: To what extent do the current working conditions of application deliverers in Brazil approach situations similar to slavery? The issue that has been discussed internationally in view of the numerous occurrences of situations of insecurity, precariousness and no positioning by the State in the face of this type of underemployment. Therefore, it is essential to analyze and put this issue on the agenda, in view of the reality of countless Brazilians and the constant struggle for justice and rights that are not guaranteed. It was sought, as a general objective, to discuss the extent to which the current working conditions of application deliverers in Brazil are close to situations analogous to slavery. As specific objectives, reflect on the scenario of precarious work in Brazil within the capitalist system of outlines of slavery, as well as describe the current working conditions of couriers by application in Brazil. As a methodology, qualitative interpretations of the social sciences were used, since this is a branch of the sciences, which studies the social aspects of the human world, that is, the social life of individuals and human groups.
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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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    Os efeitos da não obrigatoriedade da contribuição sindical nos sindicatos profissionais
    (Universidade Católica do Salvador, 2021-06-18) Oliveira, Levi Jeiel Leal Pinto; Nascimento, Anne Feitosa do; http://lattes.cnpq.br/; Gurgel, Marcos Oliveira; http://lattes.cnpq.br/; Costa Júnior, Vander Luiz Pereira; http://lattes.cnpq.br/
    The Law 13.467 / 2017 known as labor reform caused significant changes in Brazilian labor law, especially with regard to collective law and syndicate, one of the main changes was the change in the legal nature of syndicate contributions, the most important source of income for syndicate. If, on the one hand, it may be observed that it may have been a decision that is in line with the principle of free association provided for in the Federal Constitution, for example, on the other, it is undeniable that this change was also of significant impact on the coffers of the syndicate that need adapt to this new reality. Regarding the technical point of view, the bibliographic research method will be used, the one elaborated by means of materials already published, such as books, articles, periodicals, in addition to the internet, through which one can also find texts in the same categories as those already mentioned among others, that obviously deal with the issue in question, which is labor law, more specifically, labor reform and changes that concern union tax. Treating from the point of view of approaching the problem, a qualitative research will be carried out, as it will seek to understand and evaluate the aforementioned research object, starting from the interpretation of the native legislation and doctrines who have spoken about the topic.
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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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    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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    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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    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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    Reflexões sobre o direito ao conhecimento genético do concebido através da reprodução humana artificial heteróloga
    (Universidade Católica do Salvador, 2019-10) Santos, Lais Layne Bispo; Nascimento, Anne Feitosa do; UCSAL, Universidade Católica do Salvador
    To the extent that the resolution of the Federal Council of Medicine, which deals with Assisted Reproduction Techniques in Brazil, determines the anonymity of the donor and the recipient of genetic material in the processes of heterologous human reproduction, research is done on the right to knowledge of the genetic origin of the conceived through the said reproductive process, even before the express provision of protection of the donor's identity. From this, a logical-deductive research is carried out, in light of historical data, constitutional and infra-constitutional rules and the jurisprudential understandings, observing also guidelines outlined by bioethics and the positioning of comparative law on the controversial. Given the above, it was found that both rights are inherent to the personality. However, because the right to anonymity does not have an absolute character, it may yield in some cases, which imposes the verification that the being conceived by means of assisted heterologous reproduction has the right to knowledge of its biological origin without this generating civil responsibilities to the donor