Navegando por Assunto "Dignidade"

Agora exibindo 1 - 2 de 2

Acesso aberto (Open Access)
Desastre ambientais: proteção da dignidade por meio do modelo processual diálogo-cooperativo
(Universidade Federal do Pará, 2017-06-02) MOREIRA, Denis Gleyce Pinto; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
The present dissertation proposes to study the essential conditions to guarantee the protection of human and ecological dignity through cooperation in judicial processes that treat with environmental disasters. Two important aspects stand out in this study: the context of increasing quantity and intensity of environmental disasters worldwide and the new dialogue-cooperative model of civil procedure adopted by the Code of Civil Procedure of 2015. Therefore, we will study the society of disasters and the advent of the Socio-environmental State of Law. The dissertation will demonstrate the difference between the types of procedural models and the multidirectional evolution of law that theoretically structured the dialogic-cooperative model, with emphasis on Robert Alexy's legal argument theory and Edgar Morin's theory of complex thought. Finally, the study will address the criticisms and challenges of this new procedural model and what are the essential conditions for its success, especially in collective environmental actions. The objective is to identify and examine the appropriate conditions to ensure the protection of human and ecological dignity through cooperation in judicial processes dealing with environmental disasters, bringing to the debate an approach not only theoretical but with practical propositions from what has been discussed.
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.