DSpace Communidade:http://repositorio.ufc.br/handle/riufc/239112024-03-19T08:14:20Z2024-03-19T08:14:20ZA representação adequada no processo coletivo: um estudo comparado entre o Direito brasileiro e norte-americanoGouveia, Maria de Fátima Talia Ferreira Alencarhttp://repositorio.ufc.br/handle/riufc/749942023-11-17T16:06:12Z2021-01-01T00:00:00ZTítulo: A representação adequada no processo coletivo: um estudo comparado entre o Direito brasileiro e norte-americano
Autor(es): Gouveia, Maria de Fátima Talia Ferreira Alencar
Abstract: The present work seeks to develop the themeof adequate representation in collective processes. Initially, the concept of collective rightsis presented the, relationship of these rights with access to justice and the historical development of class actions, as well as the concept of adequate representation and some aspects of this theme in North American law and in Brazilian law. The objective is to analyze at which points the Brazilian legal system approaches and distances itself from the American model in relation to the control of legitimacy in collective processes, pointing out jurisprudential and doctrinal trends. Therefore, the construction of this worh is based on arguments indicated by national and foreign doctrine, promoting a critical study of the central theme. It is concluded that the control of adequate representation in collective actions must be exercised by the judge of the case, who must promote a qualitative analysis based on a certain discretion of the magistrate, but not independently of the legal system.
Tipo: TCC2021-01-01T00:00:00ZOs reflexos da lei nº 14.230, de 25 de outubro de 2021, no combate ao assédio sexual na Administração Pública FederalCosta, Maria Luiza Miranda dahttp://repositorio.ufc.br/handle/riufc/749792023-11-14T18:36:36Z2021-01-01T00:00:00ZTítulo: Os reflexos da lei nº 14.230, de 25 de outubro de 2021, no combate ao assédio sexual na Administração Pública Federal
Autor(es): Costa, Maria Luiza Miranda da
Abstract: Toe Federal Public Administration has been observing, since the year 2014 , the number's ascention of disciplinary administrative processes originated from irregularities related to sexual violence practices. However, those processes have been receiving extremely variable correctional treatment regarding framing conducts and applying penalties, due to the absence of specific legal regulations to the matter. One of the framing possibilities of those illicit acts was its typification as an act of administrative misconduct, which has beco me legally unviable with the publication of Brazilian Iaw no. 14,230/ 21 , so it is aimed to study the effects ofthis normative change in the correctional scope.
Therefore, initially, the main framings regarding sexual violence used in those processes are investigated, seeking to understand how the material law is related to the exposed legal uncertainty. Secondly, it is described the disciplinary procedure adopted to frame conducts and apply penalties,
to investigate any connections between its processual law and mentioned legal uncertainty. At last, it is analyz.ed the framing of sexual misconduct as an act of administrative misconduct and its consequent application of dismissal sentence, to then describe the implications provoked by the new
law. lt is revealed that not only the extinct possibility of typifying sexual offenses as administrative misconduct was appropriate, but the dismissal penalty is also the most proportiona~ so the Brazilian Iaw no. 8,429/92, before the most recent modifications, could harmonize the correctional treatment
destined to those illicits. Toe new law, accordingly, confirm the legal uncertainty and negatively impacts the combat against sexual violence in the Federal Public Administration sphere.
Tipo: TCC2021-01-01T00:00:00ZO conflito entre a liberdade religiosa e as medidas restritivas de realização de cultos durante a pandemia de COVID-19 no BrasilChaves, Maria Letícia Santoshttp://repositorio.ufc.br/handle/riufc/749782023-11-14T18:26:23Z2022-01-01T00:00:00ZTítulo: O conflito entre a liberdade religiosa e as medidas restritivas de realização de cultos durante a pandemia de COVID-19 no Brasil
Autor(es): Chaves, Maria Letícia Santos
Abstract: The present work seeks to analyze the legitimacy of the temporary limitation to the performance of services and other religious activities in person during the Covid-19 pandemic and due to the enactment of lockdown in several Brazilian locations. In order to do so, a doctrinal and legislative study is carried out on some aspects related to the theme, namely, fundamental rights and their limitations, religious freedom and its constitutional protection, state secularism, the right to health and the duty of the state to fight the pandemic. From a deductive reasoning and based on the position of the Federal Supreme Court (STF), it is concluded that religious freedom, in its aspect of freedom of worship or organization, can be restricted when it collides with a fundamental right of greater value, in this case, collective health and, consequently, life. Such restriction, however, does not reach the essential core of the law.
Tipo: TCC2022-01-01T00:00:00ZUma lacuna no Direito das famílias brasileiro: o locupletamento masculino sobre a não remuneração do trabalho do cuidadoRolim, Ana Paula Françahttp://repositorio.ufc.br/handle/riufc/749762023-11-14T18:09:32Z2022-01-01T00:00:00ZTítulo: Uma lacuna no Direito das famílias brasileiro: o locupletamento masculino sobre a não remuneração do trabalho do cuidado
Autor(es): Rolim, Ana Paula França
Tipo: TCC2022-01-01T00:00:00Z