Navegando por Assunto "Direitos fundamentais sociais"

Agora exibindo 1 - 4 de 4

Acesso aberto (Open Access)
O direito fundamental à saúde como direito subjetivo: a perspectiva do liberalismo de princípios
(Universidade Federal do Pará, 2016-04-29) RIBEIRO FILHO, Hermann Duarte; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
This work aims to analyze the fundamental right to health as a subjective right in the context of Brazilian constitutionalism, from the egalitarian through the theories of John Rawls, Ronald Dworkin and Amartya Sen. We expose first the two ideas of justice that we think that when applied in practice turn out to halt the proper conduct of the fundamental right to health, and these ideas are Utilitarianism through the theories of Jeremy Bentham and Stuart Mill, and Libertarianism, as proposed by Robert Nozick. Then we show why we believe that egalitarian liberalism is a better alternative to these theories. After, we will explain the concept of human dignity and its relationship with the existential minimum. And finally, we will analyze the contours of the right to health in the Brazilian legal system, exposing briefly about the Sistema Único de Saúde (Brazilian public health system) and demonstrating what is the effectiveness of constitutional norms establishing the right to health, and then illustrate how the Supreme Court Federal uses the concept of subjective right and one of the main decisions on the topic: Injunctive Reliefe Suspension 175.
Acesso aberto (Open Access)
O liberalismo igualitário como fundamento de demandas individuais na judicialização da saúde
(Universidade Federal do Pará, 2017-11-24) LAMARÃO NETO, Homero; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
The purpose of this study is to demonstrate the possibility of filing individual actions for the postulation of benefits, such as medicines, treatment and supplies, in addition to the public policies established within SUS, with egalitarian liberalism as a theory of justice adequate to support this understanding In our legal system. To do so, we indicate John Rawls's theory as sufficient to support this consideration. We believe that the reading of Rawls's theory should not be read exclusively with an individualistic connotation, but especially with regard to the protection of individuals in the cooperative society, with the SUS functioning as one of the most important institutions of the basic structure of society. We argue that the SUS must be applied not only by equal but, above all, equitable access, and that society must face not only the financing of the health system, but also the management and corruption problems responsible for affecting our revenues. We highlight the positions taken by the Supreme Court in the judgment of individual actions postulating benefits beyond the SUS and the precedents that are being established to solve the phenomenon of health judicialization. We also highlight the role of the CNJ from the National Forum of Judiciary for Health, so that the Courts of Justice could optimize the procedural management and the solution of the cases.
Acesso aberto (Open Access)
Trabalho em condições análogas ao de escravo: uma análise a partir da jurisprudência do TRF 3ª da Região
(Universidade Federal do Pará, 2018-02-20) FREITAS, Luiza Cristina de Albuquerque; MESQUITA, Valena Jacob Chaves; http://lattes.cnpq.br/2222933055414567
This study was developmented with the objective of verify how the TRF of the 3rd Region has been interpreted and applied the crime described in art. 149 of the Criminal Code. For that, was realized a doctrinal study was carried out on the concept of contemporary slave labor in Brazil and yours respective executive modalities. Also been investigated as interpretive currents about to the issue. The field research was carried out from the TRF's jurisprudence of the 3rd Region, be realized an investigative study was carried out on the characterization of slave labor and the elements that is used by TRF inside the cases that are submitted. The method used was the Deductive Method there was based on the analysis of the information obtained in the field research, confronted with the theoretical arguments and with the legal norms, as from an logical reasoning in order to reach the conclusion of the question proposed. The results showed that the TRF of the 3 rd Region, interpret the concept of slave work based on the protection of the dignity of the human person, in a way unrelated to the restriction of the freedom of locomotion. However, in spite of a high incidence of convictions in this court, it was found that the definitive criminal penalty is fixed, in low magnitude in most cases, and, for this has been replaced anothers criminal penaltys so much soft, thare have no condicions to repress sufficiently and appropriately the criminals.
Acesso aberto (Open Access)
Trabalho escravo urbano na construção civil: condições degradantes e a experiência do operariado vinculado ao sindicato dos trabalhadores da indústria da construção civil e em frentes de obras em Belém do Pará
(Universidade Federal do Pará, 2015-05-20) MARTINS, Omar Conde Aleixo; BRITO FILHO, José Cláudio Monteiro de; http://lattes.cnpq.br/7823839335142794
This work is situated in the context of legal discussion about the labor analogous to slavery in its urban occurrence, bringing to debate the issue of forced labor in civil construction, specifically by one of the crime execution modes, namely the degrading conditions work. Thus, the main objective of the research was to investigate to what extent the social and legal reality of work of construction workers in Belém/PA, from the very perception of these about their social rights, appears as forced labor urban under the focus of degrading conditions. Was used to achieve the proposed objective, the literature search in books, periodicals and journals, as well as a case study concerning forced labor in civil construction, recognized judicially, in the city of Americana/SP; finally, closing the methodological framework, we used the field research through interviews structured and interviews by guidelines with members of state institutions devoted to combat slave labor, and, especially, with civil construction workers to work fronts in Belém/PA and the head office of the Labor Union category, in the same city. The work is divided into three chapters and begins with a visit to the sociological understanding around the city and its impacts in urban labor relations, succeeding a discussion about the slave labor in Brazil and its theoretical and normative pillars, both those from the international standards, as those derived from art. 149 of the Penal Code, which defines the delict device to reduce others to work analogous to slavery, ending with reflections on the essentially urban manifestation of the delict under investigation. Secondly, again moves by the sociological universe to capture some capitalist components of contemporary industry, in addition to the implications arising from the social profile of the slave worker and the typical civil construction worker; closes the chapter with an analysis on the legal concept of degrading conditions and the case study that once announced on forced labor in civil construction. Finally, in the third chapter, we present the field research carried out and the reflections and conclusions drawn from the research as well as a discussion of coping policies to modern-day slavery, their effectiveness and what may be proposed from the crime of study in its urban occurrence, more precisely, in civil construction. The research found that, even if the working conditions of workers interviewed did not characterize submission to degrading conditions, several peculiarities of the service in civil construction need to be considered in assessing, or not, of degrading work, as they may represent aspects of social rights violations and, depending on the case, affront to decent work and the dignity of the human person, grounds protected by the seal to undergo a human being to degrading working conditions.