Navegando por Assunto "Dano existencial"

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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/3244282344643324
The 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.
Acesso aberto (Open Access)
O Dano existencial na sociedade de consumo
(Centro Universitário 7 de Setembro, 2018) VERBICARO, Dennis; CRUZ, Raiza da Costa Santos
The present article, through the deductive method and through national and foreign bibliographic research, aims to analyze the phenomenon of existential damage in con sumer relations. In today's society, there is a strong harassment of the Cultural Industry for the consumer to submit to a consumption pattern aimed at personal self-satisfaction, or even ac ceptance in the social environment. The media's appeal for the acquisition of goods and ser vices overwhelms the psyche of consumers, especially the most vulnerable groups, generating an artificial freedom of choice and artificial happiness, insofar as their personal dissatisfaction with life, or even their Emotional and social needs could be appeased by the satisfaction and pleasure of buying. The research also addresses the novel discussion of consumer behavioral vulnerability to consumer harassment in the context of hypermodernity.
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.