Navegando por Orientadores "MESQUITA, Valena Jacob Chaves"

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Os conceitos de trabalho escravo contemporâneo na jurisprudência brasileira e na corte interamericana de direitos humanos: a busca da maior proteção ao trabalhador
(Universidade Federal do Pará, 2018-07-05) HENRIQUES, Camila Franco; PAMPLONA, Danielle Anne; http://lattes.cnpq.br/1891159099589161; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567
The general objective of this research is to verify which of the concepts of contemporary slave labor best harmonizes with the pro homine principle. The chosen concepts were the used in Brazil and in the Inter-American System of Human Rights, based on the parameters used by the Inter-American Court of Human Rights in the Brazil Green Farmer’s Workers’ case. This is because slavery has been a social practice since antiquity, but despite all legislative and political developments to face it, this violation perpetuates itself, making urgent to seek new mechanisms to improve this combat. With the current legal logic between the national and international orders it is necessary that in the existence of two (or more) norms or interpretations, jurists identify which one of them best protects the human being, considering that after the Second World War, the dignity of the human person was adopted as the basic legal principle, culminating in a system in which the man is its central element. Therefore, the parameters for the comparison of the concepts used were taken from the principle of dignity. The present work is written in the form of a dissertation and used qualitative dialectic research based on national and international bibliographical and jurisprudential sources. The results showed that, based on the set of parameters proposed in this paper, the interpretation and application of the concept of contemporary slavery of the Inter- American Court of Human Rights should be used as a precedent. However, the best result for the protection of the individual is through the dialogue between the Brazilian and the Inter-American orders.
Acesso aberto (Open Access)
As Crias da casa: uma analise sobre a caracterização do trabalho infantil domestico exercido em condições análogas as de escravo nos procedimentos do Ministério Público do Trabalho da 8ª Região
(Universidade Federal do Pará, 2020-07-30) GARCIA, Anna Marcella Mendes; SOUZA, Luanna Tomaz de; http://lattes.cnpq.br/5883415348673630; https://orcid.org/0000-0002-8385-8859; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567; https://orcid.org/0000-0003-4955-1949
The present study aims to investigate the occurrence of work analogous to slavery in cases of domestic child labor investigated by the Regional Labor Prosecutor's Office of the 8th Region-PRT-8/MPT, in Para. This is a bibliographic and documentary research, based on the deductive method, which sought to individually analyze, in a quanti-qualitative way, 41 (forty-one) procedures cataloged by PRT-8 as domestic child labor, in order to verify if there were elements that characterize modern slavery. Initially, the theoretical bases of the conceptualization of modern slavery in Brazil were examined, with emphasis on the influence of international norms on the theme and the Kantian theory of human dignity in the construction of the Brazilian penal type. Then, the legal prohibition of child labor was approached, from the presentation of the different notions of childhood that prevailed in the country over time, culminating in the current understanding of children and adolescents as rights holders and development people, whom the full protection doctrine must be applied. The data that indicate the failure of Brazil in the effective eradication of child labor was exposed, as well as the profile of children and adolescents exploited in these conditions. Subsequently, the structure of the MPT was presented, its role in combating slave-like labor and child labor, and the problem arising from its division into thematic coordinators found in the research. Here, an indicators sheet was applied to the PRT-8 procedures, which contained, among other questions, the presence of one or more of the modes of execution of the offense typified in article 149 of the Brazilian Penal Code, which characterize the criminal type, and the classification, by PRT-8, of the occurrence of the crime of exploiting labor analogous to slavery. From the analysis of the procedures it was extracted that in more than half of the cases there were characteristics of child slave-like labor, however none of them were classified as such by the PRT-8. It was also concluded that the majority of the victims were non-white girls and that most of the cases occurred in the capital, Belem. In order to examine the historical relationship between domestic child labor and slave-like labor with social markers such as race, gender and class, data from empirical research on the themes were analyzed, isolated and intersectionally, and bibliographic production on the subject. It was deduced that the cataloging of ministerial procedures in thematic coordinators that do not interact with each other, associated with the historical naturalization of domestic child labor performed by non-white girls in the State of Para, meant that some procedures were not correctly classified as slave-like labor and, consequently, the applicable legal measures were not adopted, resulting in potential harm to the victims.
Acesso aberto (Open Access)
Trabalho e velhice: como ler os direitos dos trabalhadores velhos?
(Universidade Federal do Pará, 2020-06-19) SILVA JUNIOR, Paulo Isan Coimbra da; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567; https://orcid.org/0000-0003-4955-1949
This work discusses the possibility of extending the legal protection provided for the elderly (people aged 60 or over) to workers who, even before reaching this age mark, are inferior in the labor market because they are socially identified as old. The investigation is based on the version of egalitarian liberalism developed by Ronald Dworkin, arguing that a government is only legitimate when it strives to demonstrate equal consideration for the destinies of all those governed and full respect for the personal responsibility they have for their own lives, thus to the two Dworkian principles of dignity. In this sense, the right must be consistent and treat people as equals. In the context of the research, the correct interpretation of the rights of the old person in labor relations is one that expresses this effort to treat everyone with equal respect and consideration. The construction of the interpretation begins with the understanding of aging in the social perspective and its projection in the work relations with the outline of the figure of the old worker, who reached the age group, is seen as a person in physical, psychological and social decline who no longer meets the requirements arising from the employment relationship due to its progressive distancing from the privileged age frame. Then, a survey of the legislation resulting from the intense process of normative production in the framework of Human Rights proceeds, which, challenging the presumption of incapacity of work for the elderly, recognized specific rights intricately linked to the condition of old. In this research it is argued that our legislation for the elderly is a reaction to the aging process and is based on the need to guarantee legal protection to all those who are inferior because they are considered old, even before the age of 60. Limiting its application to the group arbitrarily defined as elderly would imply an unfair limitation of legal protection to a group that has aging as the determining cause of its vulnerability. The best reading of Brazilian legislation, therefore, is in the sense of extending the legal protection guaranteed to the elderly to workers who are inferiorized due to aging, regardless of age.
Acesso aberto (Open Access)
Trabalho em condições análogas ao de escravo: uma análise a partir da jurisprudência do TRF 3ª da Região
(Universidade Federal do Pará, 2018-02-20) FREITAS, Luiza Cristina de Albuquerque; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567
This study was developmented with the objective of verify how the TRF of the 3rd Region has been interpreted and applied the crime described in art. 149 of the Criminal Code. For that, was realized a doctrinal study was carried out on the concept of contemporary slave labor in Brazil and yours respective executive modalities. Also been investigated as interpretive currents about to the issue. The field research was carried out from the TRF's jurisprudence of the 3rd Region, be realized an investigative study was carried out on the characterization of slave labor and the elements that is used by TRF inside the cases that are submitted. The method used was the Deductive Method there was based on the analysis of the information obtained in the field research, confronted with the theoretical arguments and with the legal norms, as from an logical reasoning in order to reach the conclusion of the question proposed. The results showed that the TRF of the 3 rd Region, interpret the concept of slave work based on the protection of the dignity of the human person, in a way unrelated to the restriction of the freedom of locomotion. However, in spite of a high incidence of convictions in this court, it was found that the definitive criminal penalty is fixed, in low magnitude in most cases, and, for this has been replaced anothers criminal penaltys so much soft, thare have no condicions to repress sufficiently and appropriately the criminals.
Acesso aberto (Open Access)
Trabalho escravo contemporâneo e danos extrapatrimoniais: uma análise da jurisprudência do Tribunal Regional do Trabalho da 8ª Região (2018-2019)
(Universidade Federal do Pará, 2021-03-05) OLIVEIRA, Rejane Pessoa de Lima; TRECCANI, Girolamo Denicoom; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567; https://orcid.org/0000-0003-4955-1949
Labor analogous to slavery is still one of the forms of exploitation of workers used in the production of capital, a practice that weakens the democratic-social system established by the Constitution of the Brazilian Federative Republic. And this crime needs to be combated both in the criminal sphere and in the labor sphere. Aiming to eradicate this conduct, the present research proposed to present greater visibility to the fight of this crime through the repair of immaterial damages, the origin of which comes from civil liability, one of the legal institutes that most evolved in the law and that needs to be revealed, through studies that demonstrate this behavior in regional labor jurisprudence. Off-balance-sheet damages, now in comment, for the first time were standardized with the labor reform, implemented by Law No. 13,467 / 2017, characterizing one of the changes in the text of the Consolidation of Labor Laws that most brought divergence and discontent to the working class and that, even the present date, still has its constitutionality questioned. Aiming to highlight the indemnity for moral and existential damages caused as a result of the criminal conduct of contemporary slave labor, bibliographic research, mainly of books, legal publications, periodicals and newsletters, was used as methodology to give theoretical support to the study, as well as for the analysis the jurisprudence produced by the Regional Labor Court of the 8th Region. It also used field research, with the purpose of surveying the number of judgments judged by the referred Court in the years 2018 and 2019, and systematizing them in a database, in order to analyze the theses produced by the respective Classes , counting until the end of 2019, 192 (one hundred and ninety-two) judgments. Several tables and graphs were also built, which made it possible to prospect the result of the investigative process. This process used knowledge of the concept and characterization of the entire framework of knowledge about labor analogous to slavery, as well as non-patrimonial damage, in order to build, through the deductive method, knowledge about judicial decisions. Although the Regional Labor Court of the 8th region recognizes the reimbursement of moral damages and the newest positive existential damage, that is, damages to the life project and to the life of relationships in the practice of slave-like work, it was still evident that in the illegal conduct arising from the proof of the respective damage, degrading work conditions and strenuous work hours were detected. It has also been proven that these characteristics of work analogous to slavery are being denied by the majority of the Regional Labor Court's Groups, thus, it is not being enough to condemn off-balance sheet damages, which has shown resistance on the part of the jurisprudence of this regional. This fact is the result of the precariousness that work has been suffering from the current political, economic and social reality that, although it seeks decent work, permeates the loss of rights resulting from class struggles, such as the minimum day, as well as loss of guarantees protection for workers in general.