Browsing by Author "Teixeira, Humberto Gustavo Drummond da Silva"

Now showing 1 - 20 of 23
  • No Thumbnail Available
    Item
    Abandono afetivo inverso e a possibilidade de reparação
    (Universidade Catolica de Salvador, 2019-01-21) Santos, Karoline Costa Roxinho dos; Ferreira, Ana Conceição Barbuda Sanches Guimarães; http://lattes.cnpq.br; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br
    The present study is concerned with analyzing the fundamentals of reverse affective abandonment and discussing the probability of redress, based on the Constitutional Principle of the Dignity of the Human Person and its fundamental influence on Family Law. The main focus of this work is the civil responsibility of children for affective abandonment in the family sphere, specifically in the matter of moral damages, due to the lack of protection and attention of the children towards the elderly parents, provided that the damage to psychic fullness is demonstrated and moral of these. Also included are the assumptions of civil liability in the area of family relations, as well as the specifications to measure the indemnity.
  • No Thumbnail Available
    Item
    Adoção – uma análise reflexiva diante dos entraves burocráticos do sistema jurídico brasileiro
    (Universidade Catolica de Salvador, 2019-01-23) Marchi, Daniel Souza; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br; Dalbuquerque, Teila Rocha Lins; http://lattes.cnpq.br
    The adoption process in Brazil results in social, cultural, economic and humanitarian problems. In this way, this article aims to find concrete evidences about bureaucratic obstacles in the act of adoption, with a detailed perspective when observing what it takes to be so complicated ratification in the registry of a child to finally have a home. Likewise, this paper aims to address the right of the child and adolescent to have a family, specifying the guiding principles of adoption in Brazil. In addition, it intends to discuss the possible damages that a delayed adoption caused by the slowness of the judiciary can cause to those who wait the finalization of the procedural procedure in comment. Finally, to allow an explanation about the adoption system in the country, and in which part it is being flawed.
  • No Thumbnail Available
    Item
    A adoção brasileira: um ato de amor ou ilícito?
    (Universidade Catolica de Salvador, 2018-12-06) Teixeira, Mariana Sousa; Teixeira, Humberto Gustavo Drummond da Silva; lattes.cnpq.br; Dalbuquerque, Teila Rocha Lins; lattes.cnpq.br
    The Brazilian adoption is characterized by the civil registry of a child coming from other parents as if the biological child were, that is, an adoption is carried out without due legal procedures required by law. The current Penal Code, in article 242 the criminal classification of the practice of adopting the Brazilian, since such an act can cause harm to the child, not respecting the principle of the least interest of the child. A minor can be adopted by a family that does not have psychological and satisfactory conditions to offer fundamental rights of quality, as well as the analysis by specialist of the possibilities of adaptation in that family environment, which could be prevented in the regular adoptive process, with the refusal. This article aims to analyze whether the Brazilian adoption institute can be treated as an act of love or illicit practice, briefly presenting the position of the courts and ending the work with the conclusive ideas.
  • No Thumbnail Available
    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.br
    This 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.
  • No Thumbnail Available
    Item
    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.
  • No Thumbnail Available
    Item
    Análise sobre a ação de usucapião extrajudicial como instrumento para o reconhecimento de propriedade imobiliária
    (Universidade Católica do Salvador, 2020-12-07) Barbosa, Caroline Sampaio; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br/; D'Alburquerque, Teila Rocha Lins de; http://lattes.cnpq.br/
    The purpose of this scientific article is to study the procedural limits of extrajudicial adverse possession as a means of guaranteeing real estate property, using an exploratory approach methodology. The general objective is to make the respective discussion about adverse possession in general under Brazilian law, analyzing the legal apparatus so that real estate property is recognized, making, from this, a delimitation of the definitions of the extrajudicial adverse possession action, and outlining its essential requirements, as well as demonstrating the importance of this procedural instrument, which, although recent, is extremely relevant to society and the practical life of legal professionals. Having exhausted the previous guidelines, at the end, highlight the relevance of this adverse possession model for Brazilian society, considering that it is an institute little studied in doctrinal character.
  • No Thumbnail Available
    Item
    Aposentadoria por idade híbrida ou mista do trabalhador rural: desrespeito ao princípio da uniformidade e equivalência dos benefícios e serviços às populações urbanas e rurais
    (Universidade Católica do Salvador, 2019-06-13) Magalhães, José Miguel de; Santos, Mirella de Freitas; http://lattes.cnpq.br/; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br/
    This article intends to discuss and analyze the rural worker's retirement, especially in hybrid or mixed mode; point out contradiction in applying the rules laid down in law No. 11,718/2008, specifically with regard to the interpretation of § 3 of art. 48 of law No. 8.213/91, when the reckoning of age requirement for the grant of the benefit; present doctrinal positions pertinent to the topic, as well as understandings and decisions in jurisprudence in relation to hybrid retirement. The construction of the article was based on the analysis and interpretations of scientific articles, bibliographic searches, understanding the majority doctrine, jurisprudence of the courts decisions.
  • No Thumbnail Available
    Item
    A contribuição portuguesa para o processo de execução civil de títulos extrajudiciais por quantia certa e sua aplicabilidade no direito brasileiro
    (Universidade Católica do Salvador, 2021-12-14) Nascimento, Anderson Andrade; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br/; Abreu, Nícia Nogueira Diógenes Santos de; http://lattes.cnpq.br/
    This research focuses on studying the contribution of the Portuguese State in the adoption of a model for the execution of out-of-court titles for a certain amount, which has been disqualified, in view of the current burden of proceedings in the Brazilian judiciary, as well as the high rate of inefficiency of jurisdictional delivery in this procedural modality. As specific objectives, an analysis of the principle of inaccessibility of the control of the jurisdiction was taken into account in order to understand its limits and to know if the Brazilian legal system allows the implementation of an execution model for the Judiciary Power, as occurs in the Lusitanian State; compare the enforcement system adopted by Portugal with the national system, in order to investigate the possible Portuguese contribution to guarantee the effectiveness of jurisdictional protection, specifically the enforcement demands of extrajudicial title. Finally, it was also a question of reflecting on the need to implement an alternative enforcement system in the light of PL 6.204 / 2019, mainly seeking to contemplate the basic principles of national civil enforcement from the perspective of the Portuguese contribution.
  • No Thumbnail Available
    Item
    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.
  • No Thumbnail Available
    Item
    Direito a sucessão hereditária do embrião fecundado post mortem
    (Universidade Católica do Salvador, 2020-12-07) Batista, Jardeson dos Santos; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br/; D'Alburquerque, Teila Rocha Lins de; http://lattes.cnpq.br/
    This article ́s main theme is dealing with the rights of succession of fertilized "post mortem" embryos, considering that there is a lack of legal provision in order, causing a problem in the present since the methods of assisted reproduction are growing in frequency with the aim of meeting the needs of society. However, there are countless questions about the legitimacy of succession legitimacy of the embryo conceived post mortem, making it necessary to debate how to deal with the theme and its gaps in the Brazilian legal system. In this way, in order to bring legal certainty and resolve the numerous divergences, it is necessary to define and create in our legal system parameters of assisted human reproduction,with specific laws that regulate the subject, accompanying the advances of modern society and protecting the holder of inheritance rights to the child from posthumous fertilization.
  • No Thumbnail Available
    Item
    Direito digital - as lawtechs e a nova visão da gestão jurídica brasileira
    (Universidade Católica do Salvador, 2020-12-04) Dias, Péricles Ottoni; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br/; Santos, Darlã Conceição; http://lattes.cnpq.br/
  • No Thumbnail Available
    Item
    A figura do preposto nos juizados especiais cíveis e na justiça do trabalho
    (Universidade Católica do Salvador, 2020-06-15) Marques, Julie Anne Novais Rego; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br/; Ferreira, Ana Conceição Barbuda Sanches Guimarães; http://lattes.cnpq.br/
    The present judicial necessities are managed in favor of progression and celerity. These are responsible for bringing new modifications to the regulations and justice demands. About the central theme of this article, the company representative, in ambit of the Small Claims Courts and Labor Courts, also occurred adaptation to include this new situation, accordingly, the research describes the main changes in the performance of the representative, the functions that must be exercised on a daily basis in serving the public and judiciary, the possible losses generated for the company under the new legislation, considering that globalization is the main reason for making these rules more flexible, as it stimulates economic competition; Other elements to be mentioned are: pointing out solutions for the best performance of these companies in the processes, as well as the utilization of the current normative.
  • No Thumbnail Available
    Item
    A guarda compartilhada e a alienação parental em tempos de pandemia do Covid-19
    (Universidade Católica do Salvador, 2021-12-14) Silva, Lyara Rocha dos Santos e; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br/; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br/; Abreu, Nícia Nogueira Diógenes Santos de; http://lattes.cnpq.br/
    The Constitution of Brazil guarantees children and adolescents the right to family life, stressing that they must be safe from violence and any oppression. However, when a couple with minor children decides to end the affective relationship and choose to live in different houses, the Brazilian law started to adopt the legal institute of Shared Guard - provided there is no obstacle regarding the safety of the child or adolescent - to ensure coexistence with both parents. The situation of parental alienation occurs when the couple's separation does not end harmoniously and those involved start to conflict and promote a campaign of demoralization in disfavor of the other towards the children, a practice that is harmful to children and adolescents, which disturbs the paternal relationship. branch. Thus, this subject gained notoriety with the Covid-19 pandemic, which worsened in Brazil in 2020, as the high degree of coronavirus infection brought about the need for social isolation to reduce the contagion. As a result, some cases of shared custody needed to be reassessed or readjusted, both to prevent the transit of children and adolescents – which would give rise to the spread of the virus – and to remedy episodes of parental alienation during this quarantine period. The present study aims to investigate parental alienation in the scenario of shared custody in times of pandemic, with a view to explaining COVID-19, highlighting the concept of parental alienation, differentiating it from parental alienation syndrome and defining what joint custody consists of, these being the specific objectives.
  • No Thumbnail Available
    Item
    A lei da ficha limpa e o princípio da presunção de inocência
    (Universidade Católica do Salvador, 2020-06-07) Santos, Manoel Tafnes Pamponet Campos Gonçalves dos; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br/; Novaes, Ávio Mozar José Ferraz de; http://lattes.cnpq.br/
    The development of a just society requires a full foundation in its legal approaches that permeate the various public policies, respecting the traditions and idiosyncrasies. In this sense, considering that the Federal Constitution is founded on its principles, to overcome these pillars in a crystalline way the abuse of rights. In another path, Complementary Law No. 135/2010, the “Clean Record” Law, which created restrictions on the passive ability to be voted, creates hypotheses that corroborate the ineligibility, among them the unappealable convictions, the mismatch. Appears, in face of Article 5, LVII, CF, the principle of the presumption of innocence. This article starts from the research question: is there a contradiction between the “Clean Record” Law in face of the principle of the presumption of innocence? The general objective was to investigate whether Law 135/2010 had an extremely punitive or preventive character, protecting the political mandate against the attitudes of individuals who are potentially capable of not exercising their mandate in a manner consistent with the title of probity. Therefore, it is relevant to analyze, in view of the constant struggle for concrete justice, as specific objectives there was a reflection on the possible existence of contradiction between the Law of the “Clean Record” and the principle of the presumption of innocence, duly reflected in the light of the Federal Constitution. As a methodology, a bibliographic review and analysis of documents (applicable legislation and data from the Court) were used.
  • No Thumbnail Available
    Item
    A mulher retratada na música da sociedade contemporânea: uma analise crítica a luz da lei antibaixaria- N°12.573/12
    (Universidade Catolica de Salvador, 2019-01-31) Barros, Luciana de Brito; Ferreira, Ana Conceição Barbuda Sanches Guimarães; http://lattes.cnpq.br; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br
    This article seeks to demonstrate, through the presentation of certain blocks of music, the symbolic violence disseminated against women in the midst of society, and this form of violence, object of Law 12.573 / 12 known as Anti-Liberal, which prohibits the use of public funds for the hiring of artists that contain in their musical repertoire, content that advocates violence in general, especially gender violence. Emphasizing the woman's trajectory in pursuit of her rights, and considering this musical scenario as a sociocultural retrogression, which strengthens the culture of violence against women.
  • No Thumbnail Available
    Item
    Paternidade responsável para além do registro: sob a análise do projeto pai presente do conselho nacional de justiça.
    (Universidade Catolica de Salvador, 2019-01-21) Santos, Laiane de Jesus; Ferreira, Ana Conceição Barbuda Sanches Guimarães; http://lattes.cnpq.br; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br
    This article aims to study the issue of responsible parenthood, under the analysis of the Pai Presente project, instituted by the National Justice Council (CNJ), whose purpose is to encourage the recognition of late, gratuitous and voluntary paternity, dispensing in most cases the initiation of judicial proceedings. As well as, it analyzes the importance of the Project Pai Presente, and its application in the Brazilian society, emphasizing if there really is a guardianship of the minor regarding affective abandonment, considering the historical and social aspects of paternity. With this aim, the analysis of the Brazilian doctrine and several scientific articles on the subject was used. Thus, it is up to education to change values regarding the role of parents in raising their children, where, at present, the father is still assigned a minor role in the creation of the infant.
  • No Thumbnail Available
    Item
    Penhorabilidade de criptoativos em processo de execução
    (Universidade Católica do Salvador, 2020-06-15) Teixeira, Gabriel Barcala; Cohim, Silvia Campos França; http://lattes.cnpq.br/; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br/
    The purpose of this paper is to evaluate the feasibility of the attachment of crypto assets in order to settle an executive title, thus expanding the possibilities for the debt contracted by the debtor to be satisfied. In view of the very current theme, bibliographic references were used to construct the theoretical foundation, consolidated interdisciplinary doctrines, course completion articles, electronic sites where it was possible to extract data and some news, in addition to scientific articles. Along this path, this work brings elements that make up cryptography, the structure that originated it, the regulatory rules in force in Brazil and finally, questions the possibility or not of its insertion among the pledged assets according to the law.
  • No Thumbnail Available
    Item
    O planejamento urbano e a efetividade dos direitos à cidade no bairro do Calabar – Salvador/Ba
    (Universidade Catolica de Salvador, 2014-06-10) Teixeira, Humberto Gustavo Drummond da Silva; Vasconcelos, Pedro de Almeida; http://buscatextual.cnpq.br/buscatextual/visualizacv.do?id=K4787434P4; Portella, André Alves; Giudice, Dante Severo
    The work in question seeks to conduct a study of sociological and legal nature of the right to the city, using the legal and historical methods. We aim to demonstrate this academic production survey conducted in order to analyze and verify the rights to the city from the perspective of the current demands of Salvador, from the concrete reality of the Calabar district. From this, we will study and analyze the history of the formation of Brazilian cities to understand their current problems, their demands from commitments to major events such as the FIFA 2014 World Cup and 2016 Olympic Games, and as verifies the effectiveness of state action regarding the rights to the city in areas historically excluded, as is the case of Calabar and many squater settlements that exist in Brazilian cities. Used as benchmarks for both theoretical concepts about the town, urban development, fundamental rights, right to the city, urban forms and urban exclusion from literature review of works on constitutional law, urban sociology and geography, as well as interviews with locals Calabar neighborhood. We care still conduct this research from the check right to the city in Calabar through five fundamental social rights, which are labor, housing, health, education and transport, using as methodological procedure the interviews. In this sense, the objectives were achieved as a reflection on the Brazilian city and the problems concerning the urban planning of cities today, as it was possible to verify the effectiveness of the right to the city, from state action in Calabar neighborhood.
  • No Thumbnail Available
    Item
    O psicopata e suas características no crime de homicídio
    (Universidade Catolica de Salvador, 2019-01-21) Silva, Maria Liz Rocha Lopes; Gersen, Denise; http://lattes.cnpq.br; Teixeira, Humberto Gustavo Drummond da Silva; http://lattes.cnpq.br
    With regard to the increase in cases of heinous crimes and homicides worldwide, including in Brazil, this study aims to identify specific characteristics in the individuals who undertake these types of crimes as well as to understand how the legal professional uses his knowledge and the law resources to deal with these cases. By calling attention through the refinements of cruelty threaten society and the individual good in an unprepared and unexpected way. Understand psychopathic (antisocial) personality disorder and its specific characteristics and the factors that may facilitate the execution of the crime. The methodology was the bibliographical review with the use of books, theses, academic articles in order to keep current data of these types of crimes and the impact on society as well as to know the literature that guides health professionals and how the law acts in these cases.
  • No Thumbnail Available
    Item
    A responsabilidade civil na ótica da teoria da perda de uma chance
    (Universidade Católica do Salvador, 2019-01-21) Gargur, Fábio Leite Barbosa; Teixeira, Humberto Gustavo Drummond da Silva; lattes.cnpq.br; D'Albuquerque, Teila Rocha Lins; lattes.cnpq.br