Navegando por Assunto "Processo coletivo"

Agora exibindo 1 - 4 de 4

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)
Revisitando a legitimidade ativa "ad causam" do processo coletivo: o pensamento sistemático aberto fundando novos horizontes para a atuação do indivíduo membro do grupo
(Universidade Federal do Pará, 2016-07-21) SOUSA, Brahim Bitar de; GÓES, Gisele Santos Fernandes; http://lattes.cnpq.br/1305423832262115
The Brazilian Procedural Science is experiencing a time of deep changes in the role of jurisdiction and legal protection models of the various rights and interests, individual and collective ones. In this scenario, this study has the main purpose to analyze the admissibility model of collective process, precisely the question of active legitimacy for the proposition and conduction of Class Actions in order to investigate more efficient and justified perspectives for the adequate provision of collective protection. In this regard, will be objected the current statement of provocative inability of the individual to the development of judicial activity in the collective way, guided by the hypothesis that this peremptory denial of active legitimacy is a legal dogmatic error linked to a classical conception of system, while a conception of system based on openness (on the Canaris's model) allows a judgment that includes the class member among the legitimated subjects to the collective process in general, ensuring greater effectiveness and giving prestige to the legal principles that guide collective protection.
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
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.
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.