Navegando por Orientadores "SILVA, Sandoval Alves da"

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Acesso aberto (Open Access)
A Autocomposição e o poder público: a câmara de negociação, conciliação, mediação e arbitragem da procuradoria-geral do estado do Pará
(Universidade Federal do Pará, 2021-09-13) JESUS, Thiago Vasconcellos; SILVA, Sandoval Alves da; http://lattes.cnpq.br/2744878887909140; https://orcid.org/0000-0002-1795-2281
The general objective of this research is to investigate the possibility of self-composition negotiation in conflicts involving the Public Power, questioning the excessive and customary litigation in the judiciary, based on a deductive method and comparative procedure, with bibliographic technique and collaborative research with the Coordinators of the self-comform chambers of other States that have already implemented it. The aim was to identify the possible benefits of persuasive rational dialogue, multi-door system and self-compositional negotiation as possible instruments for meeting human needs, prevention and conflict resolution. Next, the right to procedures and access to justice were indicated as kind of fundamental rights that must be guaranteed by the State, including self-comparatous procedures for the resolution of conflicts; questioning the unavailability and public interest with a possible conceptual resignification from the Democratic State of Law that respects the principle of the dignity of the human person and ensures the fundamental rights and guarantees, among others, of access to justice, efficiency and democratic principle; by collating between excessive and customary litigation in the judiciary and self-regulation for implementation by addressing the theory of the implementation, with the specification of its elements by those involved. Search-be contextualized and indicate procedural premises, principles and phases of self-composition, as well as the Harvard Negotiation Program as a possible procedural path of self-compositional negotiation. Self-composition is evaluated within the state of Pará, noddedly the Chamber of Negotiation, Conciliation, Mediation and Arbitration of the State Public Administration of Pará created by Complementary Law No. 121/2019 and the criteria of submission to the Chamber, training of the head, collaborative research with the coordinators of the Chambers of the States of Pará, Pernambuco, Alagoas, Goiás, Minas Gerais and Rio Grande do Sul, in addition to a numerical comparative study with the State of Rio Grande do Sul, a pioneer to implement the self-composition state Chamber. The overall result of the research indicates the possibility and continuous progression of self composition negotiation within the State of Pará, encouraged with the creation of the Negotiating Chamber, Conciliation, Mediation and Arbitration of the State Public Administration linked to the Attorney General's Office of the State of Pará as an instrument of access to justice, being recommended the training and effective use of negotiation techniques to increase the chances of meeting the interests and needs of those involved in the conflict, with the conclusion and implementation of the agreements, especially in cases of greater complexity, even if the conflicts submitted to Negotiating Chamber, Conciliation, Mediation and Arbitration of the State Public Administration are mostly demands of mass and/or less complexity.
Acesso aberto (Open Access)
O compartilhamento de competência no processo do trabalho a partir da cooperação judiciária: o caso da centralização das execuções trabalhistas
(Universidade Federal do Pará, 2022-09-23) PASSOS, Amanda Ferreira dos; SILVA, Sandoval Alves da; http://lattes.cnpq.br/2744878887909140; https://orcid.org/0000-0002-1795-2281
The general objective of the research is to demonstrate the possibility of sharing jurisdictional competence, through national judicial cooperation, in labor procedural law. Specifically, it seeks to discuss the assumptions of the competence institute, in order to investigate its theoretical and legal foundations, ranging from the theory of separation of powers to the characteristics that surround the competence system. In a second moment, the principle of adequate competence is faced, as one of the theoretical foundations necessary for the possibility of flexibility and sharing of competence - given the need to establish a relationship of legitimate adequacy between the court and the judicial activity to be exercised, in order to define the judgment that best suits the case, based on the primacy of efficiency, because of this it becomes a fundamental theoretical assumption in this research. In addition, it investigates whether the institute of national judicial cooperation can function as a legal basis for the possibility of sharing and flexibilizing competence. Then, it is discussed whether this sharing of competence is possible, so that it is demonstrated, through legal situations in the forensic daily life, that this shared jurisdictional exercise already occurs in practice. In the last section, it is discussed whether the foundations of judicial cooperation are compatible with procedural labor law, for this purpose a systematized interpretation of the legislation is used, especially the subsidiarity of the civil procedural diploma to the Consolidation of Labor Laws - CLT, considering the art. 15 of the CPC. Afterwards, it is faced whether the national judicial cooperation is compatible with the work process. The last topic brings as a case of analysis the centralization of labor executions, as a means of sharing competence that already occurs in the labor law field, long before the regulation brought by the CPC. Another specific objective sought is to demonstrate the possibility of negotiating procedural competence in collective protection, through judicial cooperation in order to identify that such a perspective does not violate the principle of the natural judge. In the present research, the deductive method was adopted, considering that it is an approach that starts from a general context to a particular one, since it is intended to analyze it from the traditional meaning of the jurisdictional system, which is the premise greater or general, its possibility of sharing in labor procedural law through judicial cooperation in compliance with the principle of the natural judge, minor or particular premise. In order to do so, the type of bibliographic research will be used, due to the need to analyze the theoretical and principiological premises of the institute of competence from the theory of law and process. In addition, the research reached the intended result, which consisted of demonstrating that jurisdictional competence can be shared in labor procedural law, having as a legal basis the institute of national judicial cooperation. It was also reached the result that the centralization of labor executions is shown as a procedural situation where the sharing in the exercise of competences occurs.
Acesso aberto (Open Access)
Comunidades laborais restaurativas: um olhar sobre o assédio moral no trabalho a partir da justiça restaurativa e dos círculos de construção de paz
(Universidade Federal do Pará, 2023-08-10) SIQUEIRA, Camille de Azevedo Alves; SILVA, Sandoval Alves da; http://lattes.cnpq.br/2744878887909140; https://orcid.org/0000-0002-1795-2281
Cases of moral harassment may have individual, institutional and structural dimensions. However, the procedures usually adopted do not address the collective and structural dimensions and, at the individual level, result only in financial compensation, allowing the perpetuation of violence. It is in this context that we propose to think about restorative practices, and more specifically Peacemaking Circles, questioning: to what extent does Restorative Justice allow a new look at the phenomenon of moral harassment at work and, through the adoption of Peacemaking Circles, can build restorative work communities? To answer it, the research adopted the hypothetical-deductive method of approach. At first, the research was of an exploratory theoretical nature and the technique of bibliographical research was adopted. Then, an exploratory field research was carried out through the participant observation of restorative interventions, more specifically in the application of Peacemaking Circles of dialogue on workplace moral harassment, in work communities, analyzing the experiences of the researcher as a circle facilitator. It is concluded that Restorative Justice, through the application of the Peacemaking Circles, allows the identification and curing of other possible dimensions of moral harassment existing in the specific case, as it focuses on meeting the needs of all those involved, bringing the community into dialogue (and not just the work community), returning the protagonism to individuals so that they can recognize their co-responsibility and assume obligations in building restorative work communities.
Acesso aberto (Open Access)
Jurisdição: uma percepção a partir das teorias dos conflitos e das teorias das necessidades humanas
(Universidade Federal do Pará, 2023-08-28) SIQUEIRA, João Renato Rodrigues; SILVA, Sandoval Alves da; http://lattes.cnpq.br/2744878887909140; https://orcid.org/0000-0002-1795-2281
The current judiciary crisis calls into question the purpose of jurisdiction. On the other hand, conflictology studies have demonstrated the relationship between conflicts and needs in identifying and treating them. Given the above, the following question arises: to what extent does the adoption of theories of conflict based on human needs allow for a gradual change in the concept of jurisdiction? To answer this question, the methodology used was of a theoretical nature, with a qualitative approach to the problem, in a descriptive-explanatory way regarding the objectives, with a hypothetical deductive method, a means of experimental investigation and bibliographical research as an investigation technique. The hypothesis of the present work is that adopting human needs as the basis of the conflict and, therefore, elevating its service to the purpose of the jurisdiction implies loading it with a meta-legal content. Still, this being the purpose, there is no prohibition for other entities, in addition to the State, to exercise this function, that is, to meet needs, which does not presuppose the replacement of the subjects, but, on the contrary, can be carried out by the subjects in conflict themselves, even cooperatively. Therefore, for the purposes of this work, jurisdiction is conceptualized as a state or non-state function (I) to manage conflicts, problems and social dissatisfaction (CPIS) (II) through a third party that can act in substitution or in cooperation with the involved subjects (III) to meet human needs (IV).
Acesso aberto (Open Access)
A persecução da verdade e o negócio jurídico processual: análise do negócio jurídico processual que tenha como objeto a persecução da verdade
(Universidade Federal do Pará, 2022-11-28) OLIVEIRA, Rodrigo Lins Lima; SILVA, Sandoval Alves da; http://lattes.cnpq.br/2744878887909140; https://orcid.org/0000-0002-1795-2281