Navegando por Assunto "Collective process"

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Acesso aberto (Open Access)
A efetividade da tutela jurisdicional coletiva no combate ao dumping social nas relações de trabalho
(Universidade Federal do Pará, 2017-06-02) LEÃO, Semírames de Cássia Lopes; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115; https://orcid.org/0000-0002-2104-2889
This study aims to analyze the phenomenon of social dumping in labor relations and its harmful social effects, proposing the use of collective judicial protection as a superior way and qualified to the appropriate treatment of the question. In pursuit of the indicated objective, the methodology used will be the qualitative analysis of real cases and the bibliographic research. Therefore, initially, three class actions will be presented to point and illustrate the legal institute and its practical consequences, from a labor law perspective, examining relevant doctrine and jurisprudence. Then, will be demonstrated the lesivity of the social damages practiced in the Democratic State of Law and under the dictates of social justice, arguing for the defense of an ethical model of socioeconomic development, that propitiates the realization of fundamental rights and the state reprimand. For this purpose, the theory of Amartya Sen and the post-positivist current are important as ratifying contributions of equality ideal pursued. Finally, judicial activity will be defended as a concretizing instrument of rights and propitiator of human development, through the superiority of the collective process, as an effective tool to produce results and real contribution to overcoming social dumping.
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/0000-0002-2104-2889
This 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.
Acesso aberto (Open Access)
Town meeting: em busca da liberdade social no processo coletivo
(Universidade Federal do Pará, 2018-12-13) PEREIRA, Luana Rochelly Miranda Lima; GÓES , Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115; https://orcid.org/0000-0002-2104-2889
This work has as fundamental axes the values of justice and freedom, applied to the collective process. It aims at analyzing the process standard elected and developed in Brazil, with its repercussions on the collective process, seeking an alternative line for the enforcement of justice through social freedom. In this way, it discusses the possibility of the Town Meeting’s standard being a concretizing instrument of social freedom in the collective process. In order to do, it talks about the problem of ineffectiveness of the collective process in Brazil is analyzed through a critical analysis. It adopts the typology used by Edilson Vitorelli as a way of beginning to overcome this problem. Based on freedom, Axel Honneth’s understanding of social freedom is understood to be applicable to the collective process through the development of the Town Meeting standard, which brings to the process those involved, giving an active voice to the formation of the will in a democratic way. Methodologically, a bibliographical review and use of the deductive and inductive method will be carried out.