http://repositorio.ufc.br/handle/riufc/11528 2026-04-04T11:04:44Z 2026-04-04T11:04:44Z Bruxel, Charles da Costa http://repositorio.ufc.br/handle/riufc/85493 2026-03-27T14:48:36Z 2026-01-01T00:00:00Z

Título: Análise comparativa da negociação coletiva no Brasil e em Portugal: uma proposta de aprimoramento da regulamentação brasileira de prevalência do negociado sobre o legislado Autor(es): Bruxel, Charles da Costa Abstract: The overall objective of this research is to formulate, considering the collective autonomy of will and the impossibility of collective bargaining becoming an instrument for the precariousness of labor relations, a concrete proposal for improving Brazilian regulations regarding the prevalence of collectively negotiated agreements over legislated law, based on a comparative analysis of Brazilian and Portuguese law. The specific objectives of this thesis are: to investigate the conditions for the prevalence of collectively negotiated agreements over legislated law in Portugal, based on international, constitutional, and legal aspects; to ascertain the conditions for the prevalence of collectively negotiated agreements over legislated law in Brazil, taking into account international, constitutional, and legal aspects; to compare the models of prevalence of collectively negotiated agreements over legislated law adopted in Brazil and Portugal, identifying similarities and differences in the treatment of the subject, and, taking into account delineated criteria, pointing out the successes and shortcomings of each country in dealing with the subject; to develop a concrete proposal, based on the Portuguese experience and the delineated criteria, for improvements to Brazilian regulations on the matter. This research is classified as basic, qualitative, explanatory, bibliographic, and documentary, and predominantly follows the comparative and deductive methods of scientific approach. After testing the hypotheses and conducting the analyses, it was concluded, in summary, that: although in Brazil and Portugal there is ample opportunity for negotiated agreements to prevail over legislation when collective bargaining does not suppress or diminish rights guaranteed by law, there is a maximum limit, albeit rarely applied, to the expansion of legislated rights; the validity of the prevalence of collectively negotiated agreements over legislated law in Portugal, when there is suppression/diminution of rights guaranteed by legislation, depends on respect for the minimum subsistence level for workers, which is substantially guaranteed by Portuguese law; the Portuguese model, in addition to guaranteeing greater scope for the doctrinal and jurisprudential definition of state norms that are part of the notion of a minimum subsistence level for workers that cannot be reduced/suppressed through collective bargaining, presents a broader minimum subsistence level for workers than the Brazilian one; the Brazilian minimum subsistence level for labor is not limited to the list in art. 611-B of the CLT 8 (Consolidation of Labor Laws); even when, in Brazil, it is abstractly possible to reduce or eliminate a certain legislated right through a collective bargaining agreement, the removal or limitation of the legislated right will only be valid, in practice, if the instrument brings proportionally beneficial counterparts to the worker; the proposed improvement of the Brazilian model of prevalence of collectively negotiated agreements over legislation involves ending the purported exhaustiveness of the list in art. 611-B of the CLT, importing the formula adopted by the CT/2009 (Labor Code of 2009), which makes the possibility of fitting legal norms within existing classification possibilities more open and dynamic, and expanding the scope of art. 611-B of the CLT. Finally, the methodology adopted proved satisfactory, making it possible to achieve the programmed objectives in depth. Tipo: Tese

2026-01-01T00:00:00Z Adão, Clara de Oliveira http://repositorio.ufc.br/handle/riufc/85422 2026-03-24T11:21:09Z 2026-01-01T00:00:00Z

Título: Paraíso para quem? As violações dos direitos territoriais dos pescadores artesanais de Jeriocoacoara Autor(es): Adão, Clara de Oliveira Tipo: Tese

2026-01-01T00:00:00Z Castro, Maíra Lopes de http://repositorio.ufc.br/handle/riufc/85091 2026-03-05T18:57:44Z 2026-01-01T00:00:00Z

Título: Ministério Público como radar de litígios estruturais: uma proposta para fortalecimento da cidadania participativa a partir do Programa dos Núcleos de Mediação Comunitária do Ministério Público do Estado do Ceará Autor(es): Castro, Maíra Lopes de Abstract: This thesis aims to analyze which model of action can be adopted by the Community Mediation Centers Program of the Public Prosecutor’s Office of the State of Ceará (PRONUMEC) in order to overcome a practice centered on the resolution of interpersonal conflicts and to consolidate itself as an instrument for the identification and treatment of structural litigation, oriented toward the strengthening of participatory citizenship. This is a qualitative study developed through documentary analysis, examination of institutional statistical data, and semi-structured interviews with program managers and supervisors, articulated with a critical theoretical framework on citizenship, structural litigation, and community mediation. The results show that, although the conflicts handled by the Centers are formally classified as individual, they recurrently reveal underlying collective and structural dimensions related to repeated institutional failures, territorial inequalities, and deficiencies in public policies. It is concluded that community mediation, when guided by a structure–process logic, can operate as an institutional radar for structural litigation, provided it is accompanied by methodological reformulation, the adoption of qualified diagnostic instruments, a functional distinction between analysis and intervention, and strengthened articulation with specialized units of the Public Prosecutor’s Office. From a practical perspective, the study offers guidance for the institutional redesign of community mediation programs, contributing to a resolutive, democratic, and territorially grounded approach within the justice system. The thesis presents originality and value by proposing community mediation as a strategic platform for the structural reading of rights violations, thereby expanding the debate on contemporary models of conflict management in Brazil. Tipo: Tese

2026-01-01T00:00:00Z Oliveira, George Felício Gomes de http://repositorio.ufc.br/handle/riufc/85025 2026-03-02T17:30:05Z 2026-01-01T00:00:00Z

Título: Direitos humanos e empresas: padrões de atuação para instituições financeiras e o caso do Banco do Nordeste do Brasil Autor(es): Oliveira, George Felício Gomes de Abstract: The international debate on human rights and business has been ongoing for decades and is slowly maturing towards the establishment of regulatory norms for corporate activities. In any economic scenario investigated, it is evident that the power of corporations has grown, with the largest players often positioned above many states, which necessarily leads to conflicts of various kinds. This research investigates whether financial institutions have a legal duty to act in defense of human rights within their business activities. As banks are at the heart of the optimal functioning of the market in the capitalist system, the significant importance of banking activities for the development of economies in general cannot be denied. Banking practices are legitimized through the discourse presented by these institutions, through their reports, including sustainability reports, as well as their internal responsibility and compliance policies. This study conducted a discourse analysis in light of the grammar of human rights, aiming to verify the effective extent of these companies' commitment to the issue. It is argued that financial institutions, as corporations that finance other companies, in addition to the States themselves, can be agents of reinforcement in the protection of human rights on local scales. Considering the factual reality through the lens of Actor-Network Theory, it is observed that the network interaction between various persons (administrators, employees, clients, regulatory entities, non-governmental organizations, etc.) and non-persons (contracts, norms, public policies, capital flow, artificial intelligence, etc.) allows for a broader scope of observation regarding the protection of human rights carried out by financial institutions in a more effective way. Thus, this thesis presents how this action of safeguarding human rights can be carried out in conjunction with financial activity, especially by state-owned banks, taking as an example Banco do Nordeste do Brasil S/A. It is demonstrated that there are currently, de lege ferenda, several mechanisms that banks could adopt in order to protect and respect human rights, in addition to remedying any offenses to human rights committed in their daily business. From due diligence focused on the protection of human rights to combating the financing of activities that violate human rights and the pursuit of equal opportunities, including with regard to respect for the mental health of stakeholders, in their internal or external relations, numerous sources of banking action capable of carrying out the active defense of human rights are verified, thus leading to the conclusion that a legal duty to act accordingly exists. Tipo: Tese

2026-01-01T00:00:00Z