Programa de Pós-Graduação em Direito - PPGD/ICJ
URI Permanente desta comunidadehttps://repositorio.ufpa.br/handle/2011/3417
O Programa de Pós-Graduação em Direito (PPGD) iniciou suas atividades em 1984 e integra o Instituto de Ciências Jurídicas (ICJ) da Universidade Federal do Pará (UFPA), que, por sua vez, se originou da Faculdade Livre de Direito do Pará, uma das mais antigas do país, fundada em 1902.
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Item 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/0000-0002-1795-2281The 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.Item 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/0000-0002-1795-2281The 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.Item 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/0000-0002-1795-2281Cases 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.Item Acesso aberto (Open Access) O dano existencial decorrente da prática de alienação parental: um diálogo entre a responsabilidade civil e o direito de família(Universidade Federal do Pará, 2021-04-26) OLIVEIRA, Grace Baêta de; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324The evolution of Civil Liability in contemporary society also reaches the Family Law, by prioritizing the dignity of the human person, and therefore, the existential interests of the child and adolescent, central figures in the practice of parental alienation in cases of litigious divorces, which they become victims of resentful parents, who abuse parental power, violating constitutional rights, such as the right to live together. Based on this new perspective, the Civil Liability Institute faces the challenge of contributing to the necessary recognition of new types of damages, covered by the generic name of moral damage, because in addition to the strictly moral perspective, other interests make up the sphere of an individual, in training, which needs differentiated tutelage and that meets the principle of the best interest of children and adolescents. The present research, therefore, presents the importance of recognizing existential damage, as an autonomous category of damage, in family relationships, based on the cases in which the violation of the right to coexistence is identified, aggravated by the action of time, which possibly it may damage life relationships, the parenting project and the right to children's identity. Thus, from the dialogue between Family Law and Civil Liability, through the study of existential damage, the primary objective is to demonstrate its occurrence in cases where the alienating phenomenon is configured, and at the same time, ascertain whether Liability presents itself as an effective institute to curb abusive parenting practices or at least contribute to its reduction. The methodology used is bibliographic and documentary, using the analysis of decisions, of qualitatively selected cases, and the understanding contained in judgments about off-balance sheet damage, in the face of the violation of the duty of care. It was observed that the extension of moral damage does not reach all the off-balance sheet interests of the human person. The generic character coupled with the lack of reasoning may not justly protect the damage experienced.Item Acesso aberto (Open Access) O dano existencial decorrente da violência psicológica no âmbito doméstico e familiar contra a mulher: uma análise dos julgados junto ao Tribunal de Justiça do Estado do Pará(Universidade Federal do Pará, 2022-10-03) ESTEVES, Lorena Meirelles; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324The present research was carried out with the objective of investigating how the Court of Justice of the State of Pará interprets and applies the non-patrimonial sheet damages resulting from cases of domestic and family psychological violence and what are the criteria and grounds used to quantify these damages. To this end, a study was carried out on the damage and the need to provide conceptual autonomy to the existential extra-patrimonial damage, which is understood to focus on cases of domestic and family psychological violence so that, from then on, it is possible to enable its treatment. adequate legal system, in order to conceptualize and quantify these damages based on coherent criteria, in order to guarantee protection and protection of the rights of these victims and grant them an effective fight against violence and due access to justice. For this, it was necessary, from the outset, to identify the origin and the social historical construction that provides elements to the existence of gender inequality and that results in a sexist institutional and social system that oppresses and excludes women, these, understood as any and all woman who identifies and recognizes herself as such, including them in their different individualities, subjectivities and intersectionalities. In this scenario, in view of the various forms of violence perpetrated against women throughout history, this study focused specifically on the psychological violence suffered by them, in the domestic and family context, as described in item II of article 7 of the Maria da Penha Law, perpetrated by partners or former affective partners who practice a harmful act that culminates in an existential damage, which, for its characterization and quantification, must take into account not only its historical aspect, but also the consequences harmful to the life, life project, dignity and health of these victims. In this way, through the deductive method, based on theoretical framework and legal norms, a research was carried out on the website of the Court of Justice of Pará and Jusbrasil, in addition, and from the qualitative analysis of the identified decisions, it was evidenced that the aforementioned court has not used the concepts and methods suitable for the classification, conceptualization and quantification of the off-balance sheet damage arising from domestic and family psychological violence perpetrated against women, resulting in a failure to provide effective compensation, prevention and punishment to the victim , moving away from fulfilling the functions of civil responsibility and, consequently, the guardianship and protection of women's rights, compromising their dignity and access to justice.Item Acesso aberto (Open Access) Direitos educacionais quilombolas e os desafios para efetivação na comunidade quilombola de Inhanhum, município de Santa Maria da Boa Vista, Pernambuco(Universidade Federal do Pará, 2023-09-01) OLIVEIRA, João Aparecido dos Santos; GUIMARÃES, Sandra Suely Moreira Lurine; http://lattes.cnpq.br/5446022928713407; https://orcid.org/0000-0002-8835-7420The rights currently recognized for the black population, in the Brazilian legal system, are the result of the struggles of the black people, with their different forms of organizations and demands. The realization of these rights goes through the continuity of struggles, in confronting structured institutional racism in Brazilian society and in socio-political intervention actions, together with the Brazilian state. This work analyzes the challenges in realizing quilombola educational rights in the Quilombola Territory of Inhanhum, municipality of Santa Maria da Boa Vista, Pernambuco. The general objective is to analyze the challenges that exist in realizing quilombola educational rights in Quilombo de Inhanhum. And as a specific objective we established: (a) analyze access to education by black people in the history of Brazil; (b)highlight the history of the quilombos’ struggle to gain rights in Brazilian territory; and (c) identify the main challenges for realizing quilombola educational rights in the Quilombola Territory of Inhanhum. In addition to the bibliographic review and documentary analysis, the research was also developed with an ethnographic study and the methodology of participant observation. Considering that the researcher is a member of Quilombo de Inhanhum - inserted in the context of the research. For this reason, not distancing ourselves from the researched reality is intentional, as it enriches and qualifies the work. In the first section, we analyze access to formal education by black people, in the history of Brazil, considering the legal regulation of formal education and the treatment of black people, for the purposes of accessing or not accessing educational services. Next, we highlight how quilombola educational rights are recognized in Brazilian legislation. In the second section, we describe the reality of resistance and historical struggle of quilombos, to gain rights in Brazil and we talk about the struggle of Quilombo de Inhanhum, against the Riacho Seco Dam project and for the right to remain in their territory. In the third section, we discuss formal education in the history of the Quilombola Community of Inahnhum and the process of organizing the community within the scope of self-definition. When analyzing the challenges in implementing the educational rights of the quilombolas of Inhanhum, we identified that the main existing challenge is the lack of interest of the Municipal Government of Santa Maria da Boa Vista in implementing quilombola school education in the Quilombola Territory of Inhanhum.Item 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/0000-0002-1795-2281The 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).Item Acesso aberto (Open Access) A legitimidade extraordinária ativa negocial na tutela coletiva(Universidade Federal do Pará, 2021-11-17) VIEIRA, Debora da Silva; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115; https://orcid.org/0000-0002-2104-2889This research aims to rethink the institute of active legitimacy in collective process, questioning the possibility of procedural negotiation about active legitimacy in collective tutelage. It is a theme that seeks to investigate the eagerness pursued by the current Brazilian procedural system: the capacity for collaboration of all procedural subjects, including those who may become through procedural conventions. For the development of the research, the active legitimacy is critically located in the general theory of process, aiming to demonstrate the need for a dynamic and contemporary perspective on the institute. This is a necessary premise for the assertion that the general clause on atypical procedural agreements, provided for in art. 190 of the CPC, combined with the wording change of the term "law" to "legal order" in art. 18 of the Code, allows for a procedural agreement that deals with active legitimacy, including in collective process. Considering this context, as well as the guidelines regarding atypical procedural agreements, we seek to create the support to test the central hypothesis placed in this research, which refers to the possibility of atypical procedural agreement on the active legtimacy, in such a way that does not directly imply the expansion of the legal list of legitimate assets, but only the interpretation of law. This is a hypothesis to be confirmed, not exactly due to the doctrinal and legal interpretation of the legal order, but mainly because the conflicts settled in the context of collectives processes demand a collaborative attitude of the subjects involved endo and extra-procedurally, so that it is understood that the collective process reached a stage of maturity capable of revisiting its basic institutes, in this case, legitimacy. The aim is, therefore, to shed contemporary light on active legitimacy, based on the study of atypical procedural agreements.Item Acesso aberto (Open Access) Os Limites do consentimento na proteção de dados pessoais de consumo(Universidade Federal do Pará, 2021-08-18) HOMCI, Janaina Vieira; SOARES, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419; https://orcid.org/0000-0002-2663-3303Advances in information technology have transformed the consumer relationship. Before centered on the figures of the consumer and the supplier in direct action, whether in the purchase of a product or in the contracting of a service, this relationship had its agents reconfigured by the market structure of the economy of personal data. With your personal information, the final recipient becomes the raw material, since the collection, processing and use of personal data drive the advertising market and, consequently, consumer harassment. Relational asymmetry, expressed in the vulnerabilities observed in this context, alters the meaning of consent. Although it is not the only authorized basis for the processing of personal data, consent is subject to limitations, which prompts the search for effective consumer protection in this context. his research has two well-defined parts: one is aimed at diagnosing the consumption relationship of personal data, analyzing from objective aspects of data processing itself to consumer rights, especially the recognition of vulnerability(s), the multiformity of the concept of privacy, autonomy of will, protection of personal data as a fundamental right and freedom; the other examines, in light of the dialogue between the sources - the Consumer Defense Code and the General Law for the Protection of Personal Data -, the responsibility for the misuse of data and, given the characterization of the state of damage, the preventive protection by through sharing political authority. Emphasis is given to empowerment, sometimes mediating and sometimes punitive actions of the State and the formulation of a governance policy by suppliers, especially in compliance with compliance, privacy by design and accountability. It appears that the legislation establishes a solidary environment for a network architecture with technological and regulatory strategies whose central element is privacy.Item Acesso aberto (Open Access) A negociação coletiva dos trabalhadores de plataforma digital sob demanda via aplicativo à luz do trabalho decente(Universidade Federal do Pará, 2021-09-28) LOPES, Ana Carolina Alves; AZEVEDO NETO, Platon Teixeira de; http://lattes.cnpq.br/2017473090623178; https://orcid.org/0000-0001-5837-0029; MARANHÃO, Ney Stany Morais; http://lattes.cnpq.br/5894619075517595; https://orcid.org/0000-0002-8644-5902This study was developmented with the objective to analyze how collective bargaining by workers on demand via apps could be a viable instrument to be used by those under perspective of decent work. For this purpose, a doctrinal study was sought about the historical-legal concept and conception of decent work and collective bargaining. The possibility of carrying out collective bargaining and its intrinsic correlation with the pursuit of more decent work for workers was analyzed. This research also investigated the current scenario of digital platform workers, highlighting work on demand via app. An investigation was developmented on the legal status of workers on the digital platform on demand via app in Brazil, and the relevant Bills and jurisprudence of the Superior Labor Court were examined. It was also presented in this research, important court decisions and legislation from other countries on the legal status of digital platform workers. This research followed the deductive method, since the treatment and interpretation of the bibliography surveyed took place through content analysis, in an interactive process, in order to try to explain the phenomenon studied. The survey results showed that, despite the practical difficulties encountered in the context of digital platform workers on demand via app in Brazil, such as their indeterminacy of a legal nature disposal and, consequently, of the guaranteed rights, as well as the fragmentation of workers and diversity of profiles and also their difficulty of self-recognition as a category, it is already possible to glimpse an important collective mobilization of them, both in social networks, as in the formation of professional groups and associations, and also in the creation of various unions in Brazil. Thus, demonstrating the intention of workers to gain greater visibility and support and, consequently, be able to collectively negotiate with digital platforms. It was concluded positively for the hypothesis raised in this research, where collective bargaining seems to be a viable way to achieve decent work for workers with digital platform on demand via app in Brazil, under two main aspects: for the freedom to exercise autonomy collective private per se and for the negotiation strengthening to promote both the recognition and the application of rights and better working conditions.Item Acesso aberto (Open Access) Negociação jurídica processual na execução: análise da possibilidade de constituição de títulos executivos extrajudiciais(Universidade Federal do Pará, 2022-08-29) AZEVEDO JÚNIOR, Manuel Albino Ribeiro de; COSTA, Rosalina Moitta Pinto da; http://lattes.cnpq.br/5469957203750291; https://orcid.org/0000-0002-3673-6912This work aims to analyze the viability to create enforceable instruments out of court through legal transactions and its consonance with the procedural public order. First, established by the current legislation, and the principled foundations provided for in the process, which ensure the presence of the parties’ liberty in the procedure. Then, the instrument enforceable in court are analyzed, verifying their requirements and its limits in matter of law enforcement. The institute of enforceable instruments out of court gains new contours in the current legislation, in which the civil procedure reconciles aspects of the public and private law. this section ends presenting the incidence of legal transaction within the executing procedure and its compatibility with the executive system, in view of the principles and current procedural rules that enable the selfdetermination of the parties. The following chapter aims to debate the concept of instrument enforceable and its historical development, which will allow to identify that this instrument was conceived as a technique that granted the immediate enforcement of the documents, without the cognizance procedure. Therefore, the instrument is composed by inherent and extrinsic requirements. In the material aspect, there is the obligation contained in the title, which must be precise, net, and admissible, while the formal aspects based on the legislation enables the executive procedure. At the last section, the study focus on the possibility of the creation of enforceable instrument out of court through legal transaction, to make more flexible the formal requirements that constitutes the title, allowing the players to adapt the formal aspects in view of each concrete case. Lastly, it presents the constitutional principle of freedom, as well as the procedural principle of respect to the self-regulation in the procedure, and the rule contained in article 190 of the Code of Civil Procedure to show that are enough instruments to assure the recognition of the creation of enforceable instruments from procedural legal transactions.Item 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/0000-0002-1795-2281Item Acesso aberto (Open Access) Precedentes vinculantes no modelo constitucional de processo(Universidade Federal do Pará, 2021-08-18) PAIXÃO, Shayane do Socorro de Almeida da; COSTA, Rosalina Moitta Pinto da; http://lattes.cnpq.br/5469957203750291; https://orcid.org/0000-0002-3673-6912This work aims analyze the binding precedents in the from the Brazilian Civil Procedure Code – CPC/2015, especially the precedents of the Supreme Court (STF). The formal linkage of the precedents is investigated, based on their provision in the Code of Civil Procedure, seeking to understand how this formal provision can reveal the defense of the linkage only by a criterion of authority of the Court that issued the decision. This criterion of authority, although important, should not be analyzed in isolation, under penalty of resuming arguments that refer to legal empiricism, a theoretical current that offers subsidies for decisions devoid of legal legal foundations. Furthermore, considering the reading of the process necessary from a constitutional model, the concern with the participation of subjects should be given special attention when analyzing the precedents of the Supreme Court. In the work, precedents are considered as principles that operate from their gravitational force, which leads to their gradual application, according to formal but also material criteria, so that the Court's authority is only one of them and not the only one. The deliberative practice of the STF is a determining point in analyzing the gradual strength of precedents.Item Acesso aberto (Open Access) Precisamos falar sobre o assédio de consumo: a publicidade a serviço da indústria cultural(Universidade Federal do Pará, 2019-05-27) RODRIGUES, Lays Soares dos Santos; SOARES , Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419; https://orcid.org/0000-0002-2663-3303Consumer harassment imposes itself in today's society as one of the greatest challenges for Consumer Law. Considering the power of the cultural industry and its ability to influence consumer behavior, identifying how this influence can be materialized by advertising and eventually converted into a form of consumer harassment practiced in the pre-contractual framework is the major objective of the study. Throughout a research based on the deductive method and bibliographical survey, the study is divided into three parts. The first is devoted to the investigation of the transformations and social processes that led to the strengthening of the consumer society as it is conceived nowadays, with special emphasis on the role of cultural industry and the multiple meanings of consumption, demonstrating that it became much more than a way of satisfaction to achieve meaningful aspects of life. The second part, in its turn, analyzes the impacts of these transformations in the light of the new moment of Private Law, addressing and revisiting important concepts for Consumer Law, such as vulnerability and hypervulnerability. At that moment, the study will focus on vulnerability as a notion of multidisciplinary character and, in addition, on the concept of consumer, proposing a re-reading of the traditional definition of this legal figure, considering its current role and new possibilities which are offered as well - which, in a paradoxical way, result in both greater freedom and greater exposure to abusive practices. In the final chapter, we will discuss relevant conceptual and normative aspects of advertising, as well as consumer harassment, seeking, in this second point, to find more defined contours for this phenomenon, suggesting even a concept of its own. In this way, from the subsidies achieved in this and previous chapters, it will finally be possible to reach a conclusion on the relationship between cultural industry, advertising and consumer harassment, finding that the overlapping of its persuasive function to the detriment of the informational can convert advertising into a manipulation mechanism and consequently into an instrument of cultural industry in the practice of consumer harassment within the pre-contractual scope.Item 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/0000-0003-4955-1949This 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.Item Acesso aberto (Open Access) Tutela da confiança e da vulnerabilidade na economia do compartilhamento: empoderamento do consumidor digital e mitigação da vulnerabilidade estrutural na era do hiperconsumo(Universidade Federal do Pará, 2021-02-01) MILHOMENS, Heitor Antunes; SOARES, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419; https://orcid.org/0000-0002-2663-3303Through this dissertation we propose a study of the sharing economy not only considering its legal or economic aspects and its impact on the consumer market, but an oriented investigation with a solid interdisciplinary basis that seeks, based on contemporary philosophical and sociological reflections, undertake an exploratory and reflective investigation to understand the sharing economy, as a typical phenomenon of the communicational and hyperconsumption society, and to investigate to what extent the sharing economy can mitigate or maximize the structural vulnerability of the Brazilian consumer. The debate is guided by the realization of the principle of the dignity of the human person and the realization of its fundamental guarantees, proposing primarily to answer the following question: how to promote a new paradigm of trust, so central to the economy of sharing, can it be an effective tool in consumer empowerment and consequently in mitigating species of consumer vulnerabilities triggered by technological innovations in the consumer market? The research hypothesis adopted in this study is that the sharing economy, in its current stage, does not show much more than just another business model that induces consumers to hyper consumption practices. However, the construction of a new paradigm of trust can boost a new consumption ethic, more solidary and empowering to overcome the structural vulnerability of the consumer, with the State having a central role in economic regulation for the purpose of sedimenting new social conquests to consumers in this new era of capitalism.