DSpace Repository :: Browsing by Author "Oliveira, Jadson Correia de"

Browsing by Author "Oliveira, Jadson Correia de"

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Aplicabilidade da arbitragem nas causas de família
(Universidade Católica do Salvador, 2021-04-29) Silva, Giselle Oliveira Mathias; Oliveira, Jadson Correia de; http://lattes.cnpq.br/
The present work, has as main objective, the elaboration of a scientific article, based on the method of qualitative and descriptive bibliographic review through books, articles, periodicals and legislation applied to the theme, about the approach of the Brazilian doctrine regarding the application of arbitration family causes, respecting their limitations. Thus, it is of fundamental importance to examine two relevant aspects of the topic addressed, namely: solutions that involve only available patrimonial rights and the participation of the Public Ministry. In view of these limitations, some questions are necessary: What would be the possibility of expanding your object to the so-called unavailable rights, which a priori would not be included in the arbitral scope? What are the consequences of not calling the MP? And finally, what would be the possible advantages and disadvantages of using arbitration as a way of resolving conflict in the area now studied? Therefore, it starts from a more comprehensive study, although synthetic, about alternative means for the solution of conflicts, the applicability of arbitration, bringing its characteristics and advantages in the arbitration process in relation to the state judicial process, of family relations and their conflicts. Therefore, at the end of this article, it will be possible to conclude on the importance of applying arbitration as one of the alternative ways to resolve conflicts in Family Law, thus encompassing the possibility of expanding to the unavailable rights in the resolution of family conflicts and the call of the MP in lawsuits involving minors as occurs in the judicial sphere.
Contraditório participativo institucional no processo coletivo: a atuação do amicus curiae e a realização de audiências públicas
(Universidade Católica do Salvador, 2021-05-01) Oliveira, Anna Paula Sandes de; Oliveira, Jadson Correia de; http://lattes.cnpq.br
Based on the current leading role of the judicial function and the growing tendency of judicial decisions affect people or groups who do not participate directly in the judicial process, this research investigated the Institutional Participatory Contradictory in the Class Actions. The questioning that direct this study considered how the participation of the amicus curiae and the holding of public hearings in the Class Actions concretize an institutional participatory contradictory; or if the aforementioned instruments reinforce the idea of an contraditory only as a right of defense, with its exercise reduced to procedural parts. It stood out, therefore, the participation of the amicus curiae and the holding of public hearings as instruments capable of ensure social legitimacy of judicial decisions, because they potentialize ample participation and democratization of the decision-making process in a democratic jurisdiction, expanding and pluralizing conducts that concretize the principle of contradictory in Class Actions. Bibliographic research and data collection were carried out at the Court of Justice of Bahia to identify the current stage of evolution of collective protection of rights, and of understanding and exercise of the principle of contradictory in the judicial process. The analysis of the data allowed, among others, the conclusion that, although there is a legislative concern with the disclosure of the existence of Class Actions, as well as with the forms of participation in this procedure, the participation rate of amicus curiae and the holding of public hearings are still low in this Court. In addition, beside to legislative changes, it was observed that there is also a need for a change in the collective conscience, both from the perspective of the operators of law and of the jurisdictional ones, in order to reach an institutional participatory contradictory in Class Actions, through the participation of groups involved.
O dever de fundamentação das decisões e sua aplicação no âmbito dos juizados especiais
(Universidade Católica do Salvador, 2021-05-14) Cerqueira, Izabel Batista; Oliveira, Jadson Correia de; http://lattes.cnpq.br
The Federal Constitution provides in its art. 93, item IX the guarantee that all decisions must be substantiated under penalty of nullity. Such guarantee started to be regulated in a specific way by the Civil Procedure Code in its paragraph 1 of art. 489, which highlighted which decisions are not considered reasoned. However, even though the 2015 CPC has instrumentalized the duty to state reasons, within the scope of the Special Courts, several problems persist regarding the application of §1 of art. 489 under the justification that contradicts the principles that guide the systematic of the special courts and that the special law subsists the general law. Notwithstanding the resistance regarding the application of an exhausted reasoning in the special courts, there is still, art. 46 of Law 9099/95 which allows Class Appeals to deliver an decision maintaining the sentence in all its terms, that is, allowing the delivery of an agreement without efficient reasoning. In this sense, the problem arises as to the duty to state reasons within the scope of special courts, in the sense of concluding whether § 1 of art. 489 of the Code of Civil Procedure in supplement to Law 9099/95. In order to solve the problem raised, through the analysis of the relationship between the principle of reasoning and some other constitutional principles, especially the principle of the double degree of jurisdiction and the standardization of that principle over time, understanding do Fonaje and the Special Courts of the State of Bahia, explain the grounds for which §1 of art. 489 of the Code of Civil Procedure applies to special courts, as well as that for the effective exercise of due legal process and the constitutional guarantee of the reasoning of decisions it is essential that all decisions are duly substantiated, including those given in the Special Courts, once that the simplicity and low legal complexity required in the courts refers to the demand, that is, the cause of asking and the request, and not the quality of the judicial decision that resolves this dispute.
Direito a moradia: população em situação de rua e assistência habitacional
(Universidade Católica do Salvador, 2021-12-06) Cardoso, Evellyn de Carvalho; Oliveira, Jadson Correia de; http://lattes.cnpq.br/; Félix, Germana Pinheiro de Almeida; http://lattes.cnpq.br/
This work analyzes a Law beyond the Laws themselves, but with a comprehensive vision of social rights, promoting the violation of the right to the city, focused on the Homeless Popu lation. Problem: To what extent are the homeless population excluded from the right to the city, not having public policies for housing assistance? Hypotheses: The State has no in terest in realizing this fundamental and social right; there is a lack of resea and focus on the Homeless Population. Methodology: bibliographical research and docu mental research, characterized by qualitative research. Justification: This is an issue to be faced by the State, seeking to reduce poverty in the face of the growing vulnerability level, aiming to better understand the social situation of this group. Development: Basically, the text is developed with the introduction of the theme, and with a description of the Homeless Population, addressing its concept, growth, decree and origin. No less important is the link between Fundamental Rights, housing and Public Policies at the National and Municipal levels, in this case, Salvador. Conclusions: The surveys carried out by the State are of paramount importance to guarantee the right to housing for the homeless population, thus, public policies have been developed to implement and dignify the homeless population.
O emprego do código de processo civil aos processos estruturais a partir da flexibilização de procedimentos
(Universidade Católica do Salvador, 2021-03-25) Bitencourt, Renata Martins; Oliveira, Jadson Correia de; http://lattes.cnpq.br/
A falibilidade do reconhecimento fotográfico como meio de prova no processo penal brasileiro
(Universidade Católica do Salvador, 2022-06-06) Neves, Laís dos Santos Xavier; Oliveira, Jadson Correia de; http://lattes.cnpq.br/; Fonseca, Alexandre Barreiros de Carvalho; http://lattes.cnpq.br/
This article aims to analyze the photographic recognition as a valid means of evidence in the Brazilian Criminal Procedure, as well as how it can present flaws. It also aims to examine the real procedure adopted in the applicability of this evidential tool, in addition to discussing the procedure established by the Code of Criminal Procedure for the use of recognition. To this end, a logical-deductive approach is used, employing the method of bibliographic and normative review, without prejudice to case law research on decisions and consolidated understandings of the higher courts on the matter addressed herein. The work concludes that photographic recognition is pertinent as a suitable means of proof in criminal procedure, however, indicating possible flaws or nullities in its use.
O fato do príncipe nas relações de trabalho
(Universidade Católica do Salvador, 2021-05-27) Duarte, Verônica Lemos; Oliveira, Jadson Correia de; http://lattes.cnpq.br/; Ferrer, Salvador Morales; http://lattes.cnpq.br/
At the beginning of 2020, Brazilians were surprised by the news that in other countries, an unprecedented health crisis was already a reality, caused by the dissemination of the Coronavirus pandemic called SARS-CoV-2, which causes the COVID-19 disease. The great impact resulting from this pandemic concerns isolation, which brought changes and impacts in the Brazilian scenario, specifically, in employment relationships, directly affecting employment contracts. With this, this study aims to explain the Fact of the Prince in labor relations. The idea of the work is to highlight the labor reflex in the face of the Coronavirus pandemic. Legislative Decree No. 6, of March 20, 2020, recognized the state of public calamity until 12/31/2020, for the purposes of art. 65 of Complementary Law No. 101/2000. Law No. 13.979/2020 brought the labor reflex specifically to the provision of article 3, which concerns the absence from work and should be the device with the greatest impact on the working environment and for the working class as regards, the cessation of the employment contract under the allegation of Facto do Príncipe. In this context, the company used as an example, the company Churrascaria Fogo de Chão, located in the city of Rio de Janeiro, which terminated the employment contract of approximately 100 (one hundred) employees. At this moment, one wonders whether the Coranavirus pandemic caused the dismissals of employees of the company Churrascaria Fogo de Chão and to the detriment of this, did the Fact of the Prince occur? Controversy arises if the Fact of the Prince occurred, who will bear the charges and labor indemnities, the doubt is between the State or the Company. Since the corporation is part of an investment fund and has dismissed employees in order not to reduce dividends. To answer this question, the method of deductive approach was used, in addition to bibliographical and documentary research. The research object of this dissertation was developed from a qualitative approach based on a bibliographic review and on the survey of information on websites on the World Wide Web (Internet) having as main sources of consultation: works by renowned authors of Labor Law, Procedural Law of Labor, Administrative Law, Civil Law, Civil Procedural Law, among others, TST Summaries and documents referring to the dismissal of employees. The exploratory method was also used, aiming to bring out more exposed attention. So that the various aspects addressed are clear to the reader about the issue. The Facto do Príncipe applies in the event of termination of the employment contract, permanently or temporarily, as in the cases when the Public Administration makes it impossible to carry out the employer's activity and, therefore, through law or act, according to to article 486 of the CLT. The requirements to configure the Prince's suit are: permanent or temporary work stoppage; unpredictability, originating from an act of the Public Power, which may be administrative or legislative; impossibility of the employer to give cause for the issuance of such act. As a result of the research, it was identified that there was no Facto do Príncipe as a result of the COVID-19 pandemic, in the example of Churrascaria Fogo de Chão, but the civil responsibility of the employer's labor law to pay employees' severance pay. who were fired, as well as the reinstatement of some of the employees. It is concluded that the benefits of the research led to knowledge of the topic in a precise, articulated, easy-to-understand manner, aiming to ensure the fundamental rights of workers in the face of the COVID-19 pandemic.
Formação de operadores da justiça: a hegemonia do juspositivismo na introdução ao direito processual
(Universidade Católica do Salvador, 2019-12-06) Gonçalves, Ana Clara Cavalcante; Oliveira, Jadson Correia de; http://lattes.cnpq.br; Cunha, Ana Claudia Gusmão; http://lattes.cnpq.br; Costa Júnior, Vander Luiz Pereira; http://lattes.cnpq.br
Implementação do regime de teletrabalho no Tribunal de Justiça do Estado da Bahia após pandemia de COVID-19
(Universidade Católica do Salvador, 2021-12-06) Pereira, Gabriella Almeida; Oliveira, Jadson Correia de; http://lattes.cnpq.br/; Félix, Germana Pinheiro de Almeida; http://lattes.cnpq.br/
This article focuses on the analysis of the implementation of the telework regime in the Court of Justice of the State of Bahia, after the proliferation of coronavirus in Brazil. Its objective is to analyze the main changes that occurred in the way of execution of the jurisdictional activities of the TJBA due to the adoption of the telework regime during the year 2020. The article presents analyses on the principle of efficiency, followed by the analysis of telework in the Brazilian Judiciary and in the states of Santa Catarina and Bahia, from the study of its regulation and implementation. Is the teleworking modality today, or in the near future, a viable and efficient management system within the Bahian judicial organization? As a result achieved, it was found that it is possible to take the telework regime after a pandemic period, provided that the main challenges to be overcome are observed, aiming at achieving a faster and more efficient judicial provision. The methodology used in this research is descriptive, based on documentary and normative, with the purpose of understanding, explaining and specifying the telework regime implemented by the TJBA.
A (in)constitucionalidade dos aspectos trazidos pela reforma da previdência dada pela EC 103/19 em torno da aposentadoria voluntária dos Servidores Públicos à luz da segurança jurídica
(Universidade Católica do Salvador, 2021-12-06) Silva, Isabella de Almeida; Oliveira, Jadson Correia de; http://lattes.cnpq.br/; Félix, Germana Pinheiro de Almeida; http://lattes.cnpq.br/; Santos, Mirella de Freitas; http://lattes.cnpq.br/
The objective of this work is to analyze the pension reform given by EC 103/19, in more detail the new eligibility criteria for voluntary retirement of public servants linked to the Special Social Security Regime in light of legal security and the protection of trust . Since the promulgation of the Federal Constitution of 1988 until the advent of the referenced EC 103/19, the social security of public servants was able to undergo several reforms through constitutional amendments: EC 03/1993; EC 20/1998; EC 41/2003 and EC 47/2005. In this scenario of constant changes, there is a clear rupture around legal security, as well as the corollary of the protection of trust, it should be noted, nurtured by those managed in terms of the perpetuation of the social security rules that house them, culminating in directly impacting the projects of life traced by the servers around the so desired inactivity. From this perspective, aspects of EC 103/19 and the institute of legal security and the protection of trust will be analyzed with a view to concluding that the new eligibility criteria chosen by the new reform are unconstitutional in light of legal certainty and protection of trust.
O ônus da prova no processo do trabalho conforme o CPC/2015
(Universidade Católica do Salvador, 2021-04-29) Balbino, Larissa Lima; Oliveira, Jadson Correia de; http://lattes.cnpq.br/
The aim of this paper is to analyze the burden of proof as a basis in the legal proceedings that are being processed within the labor sphere, with the specific objective being highlighted at the time when the principle of searching for the real truth is considered through the evidence presented, which seeks the result that provides effective application of copyright. In addition, the discussion of the proposed thesis aims at the main objective of elucidating the burden of proof in the labor process in the light of the 2015 code of civil procedure. Another point to be addressed refers to the divergence between art. 818 of the CLT, which imputes the burden of proof to the party it alleges and art. 373 of the CPC 2015, which assigns responsibilityto the plaintiff to prove the constitutive facts and to the defendant the burden of proof of the plaintiff's impeding, modifying and extinct facts. Therefore, the method used here is the qualitative-explanatory based on the comparison between the codes (CPC 2015 and CLT), in addition to jurisprudential understandings, doctrinal source, TST normative instruction, articles and the current legislation. In short, based on what is observed in the code of civil procedure of 2015, and taking into account the need to fill the gaps in the work process, this research brings together several questions and hypotheses such as: "Is the proof really indispensable?", "Is there a mandatory obligation of one of the parties regarding the production of certain evidence?", "Does the CPC really bring greater effectiveness to the labor process?". In addition to fundamentals to answer the research problem: Is it possible to dispense with the application of the civil procedure code at the time of the investigation of labor lawsuits? With all these reflections throughout this scientific paper, conclusions will naturally be reached in a way to assist the jurisdictional provision in a more effective way.
Os reflexos da adoção de medidas atípicas nas ações de execução de obrigação de pagar quantia certa
(Universidade Católica do Salvador, 2021-04-25) Nunes, Lysia Ayana Rosado Nascimento; Oliveira, Jadson Correia de; http://lattes.cnpq.br/
Resoluções do Conselho Nacional de Justiça como fonte normativa: segurança jurídica e limites constitucionais
(Universidade Católica do Salvador, 2021-04-26) Bandeira, Bárbara Luana de Jesus; Oliveira, Jadson Correia de; http://lattes.cnpq.br/
This paper has as objective analisys’ investigate which are the boundries of the National Council of Justice for editing new resolutions and rules according to the currently Democratic State. Therefore, it is necessary to ask: is it possible to edit and apply the rules prescibed by CNJ? At first, we explore those possibilities, althought as the development of our investigation, this paper focus in the legal compentency of the refered organ to legislate those resolutions and rules, and the Constitucional limits for that. As a third topic, this paper is going to explore the straight of those resolutions and rules, and its social repercussion. As concluded, this paper present the importance of this organ to the brazilian Justice System and its respectives’ rules and resolutions.
Sonegação fiscal e suas consequências na arrecadação tributária brasileira contemporânea.
(Universidade Católica do Salvador, 2019-06-13) Silva, Luna D'eça Moreira Gonçalo da; Oliveira, Jadson Correia de; http://lattes.cnpq.br; Leão, Ilton Vieira; http://lattes.cnpq.br
Supremacia judicial e diálogos institucionais na Ordem Constitucional Brasileira
(Universidade Católica do Salvador, 2019-09-16) Santos, Natanael Lima; Oliveira, Jadson Correia de; Vaz, Marcelo Koch (Coord.)
The purpose of this article is to present, critique and synthesize the nuances of theories of judicial supremacy and institutional dialogues regarding the interpretation of national constitutions, as well as to problematize its framework and foundations in the Brazilian constitutional order, especially in the 1988 Constitution, which completes 30 (thirty) years on October 05 (five). It was sought to answer the following question: which model represents greater guarantee and concretization of the more sovereign yearnings of the Brazilian citizenship expressed in the Constitution of 1988? The chosen methodology was the refined bibliographic research and exegetical and dialectical analysis of constitutional, legal and jurisprudential devices, however, related to the subject, dealing with themes at the most abstract level and in international doctrine, sometimes applying and thinking about concepts exposed to the Brazilian reality. In this endeavor, the objective is to demonstrate how the system of judicial supremacy in the constitutional hermeneutics of the mother country was inadvertently in force without any critical substance and how a dialogical system between the different institutions would represent greater and better respect for democracy and popular decisions and consensus.

Browsing by Author "Oliveira, Jadson Correia de"

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