DSpace Coleção:http://repositorio.ufc.br/handle/riufc/115282026-06-01T05:17:09Z2026-06-01T05:17:09ZMulheres, trabalho doméstico não remunerado e a colonialidade do cuidado: uma análise da política nacional de cuidados no BrasilDiógenes, Carla Marqueshttp://repositorio.ufc.br/handle/riufc/861642026-05-08T15:02:58Z2026-01-01T00:00:00ZTítulo: Mulheres, trabalho doméstico não remunerado e a colonialidade do cuidado: uma análise da política nacional de cuidados no Brasil
Autor(es): Diógenes, Carla Marques
Abstract: This thesis develops a critical analysis of Law nº 15.069/2024, which institutes the
National Care Policy, investigating whether this new regulatory framework effectively
confronts or merely modernizes the structures of gender, race, and class coloniality
that have historically sustained the devaluation of unpaid care work in Brazil. The
research problem stems from the structural paradox of peripheral modernity, wherein
the activity essential for the reproduction of life is rendered invisible and compulsorily
delegated to women, especially black and poor women, as a persistent legacy of a
slave-holding and patriarchal social formation. The justification for the study is
anchored in the social urgency imposed by the care crisis and population aging, the
theoretical necessity to decolonize legal dogmatics, and the unprecedented nature of
analyzing this legal statute through the lens of coloniality and intersectionality. The
general objective of the research is to analyze how Law nº 15.069/2024 confronts or
reproduces the structures of coloniality that permeate the devaluation and unequal
distribution of unpaid care work in Brazil. The specific objectives are: a) to investigate
the theoretical foundations of coloniality and its intrinsic relationship with the
naturalization of unpaid care work in the Brazilian context; b) to examine the legislative
drafting process, principles, guidelines, and management instruments provided for in
Law nº 15.069/2024, identifying its advances and limitations; c) to evaluate, in light of
intersectionality, if and how the National Care Policy proposes concrete mechanisms
to recognize, value, and redistribute care work; d) to identify possible mechanisms of
reproducing historical inequalities in the law's implementation; and e) to propose
recommendations for the legal and institutional improvement of the National Care
Policy, aiming at the construction of public policies that are truly emancipatory and
decolonial, transcending mere welfarism. The methodology adopts a qualitative
approach of a theoretical-critical nature, articulating a bibliographic review of decolonial
thought and feminist economics with the documentary analysis of Law nº 15.069/2024
and the interpretation of secondary data on the reality of care work in Brazil. Although
Law nº 15.069/2024 represents an epistemic advance by defining care as work and a
right, the final considerations of the thesis identify severe structural fragilities that
threaten its purpose. In addition to the instability of financing, the risk is pointed out
that the principle of progressive universalism may result in a selective and exclusionary
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progressivity, prioritizing central areas and leaving Black and peripheral women, those
most affected by time poverty, at the end of the service queue. In parallel, the emphasis
on the compatibility between work and family as an end in itself is criticized, warning
that without altering the exhaustive bases of the labor market and the sexual division
of tasks, this logic tends to merely functionalize care for capitalist accumulation,
allowing women to work longer hours in precarious jobs without being guaranteed real
autonomy or quality of life.
Tipo: Tese2026-01-01T00:00:00ZA nova morfologia do trabalho, as múltiplas modalidades de ação coletiva e a necessidade de reconstrução do direito de greveValentim, Gabriel Limahttp://repositorio.ufc.br/handle/riufc/859472026-04-22T18:58:11Z2026-01-01T00:00:00ZTítulo: A nova morfologia do trabalho, as múltiplas modalidades de ação coletiva e a necessidade de reconstrução do direito de greve
Autor(es): Valentim, Gabriel Lima
Abstract: This research focuses on strikes, in their various manifestations, and on the right to
strike. Its objective is to contribute to the construction of a new framework for the right
to strike that is adequate to the new morphology of labor. The study is based on the
premise that the transition from Fordist hegemony to the rise of flexible forms of
production has produced profound transformations in the world of work. The working
class, once centered on a relatively stable industrial proletariat, has given way to a new
profile, predominantly located in the service sector and marked by flexible and
precarious labor relations. In this context, new forms of collective mobilization have
emerged, led by these workers, such as strikes without work stoppage, transnational
strikes, political strikes, among other modalities of collective action. These forms of
strike display characteristics that escape the traditional Fordist model of the right to
strike, historically structured around work stoppage, strict legal requirements, purely
professional demands, and the strong centrality of trade unions. It is from this mismatch
between the contemporary reality of labor struggles and the prevailing legal
configuration of the right to strike that the central question of this study arises: which
guidelines should orient the reconstruction of the right to strike in light of the new
morphology of labor? Although the Brazilian Federal Constitution, in Article 9,
guarantees the right to strike through a relatively permissive wording, the exercise of
this right is significantly constrained, especially by Law No. 7,783/1989 and by a
restrictive body of judicial decisions. The Strike Law restricts the concept of strike to a
classical form associated with Fordism, imposing requirements such as work
stoppage, trade union participation, prior notice, and prior negotiation. In addition,
judicial decisions not only reinforce these requirements but also introduce new
restrictions, such as the prohibition of political strikes. The research adopts a
hypothetical-deductive method, with a qualitative approach and an exploratory,
explanatory, descriptive, and interpretative nature, based on bibliographic and
documentary analysis. Grounded in a Marxist theoretical framework and critical theory,
the study concludes that there is a need for a normative and interpretative
reconstruction of the right to strike, either, in an ideal scenario, through the defense of
a new right to strike free from the prerequisites imposed by the Strike Law, or through
intermediate solutions based on flexible interpretations of existing legislation that allow
for broader legal protection of contemporary forms of collective action.
Tipo: Tese2026-01-01T00:00:00ZDireito participativo-democrático: critérios para avaliação da democraticidade de instrumentos normativo-participativos na perspectiva municipalGomes, Marcos Vinícius de Sousa Rochahttp://repositorio.ufc.br/handle/riufc/858932026-04-16T10:29:26Z2026-01-01T00:00:00ZTítulo: Direito participativo-democrático: critérios para avaliação da democraticidade de instrumentos normativo-participativos na perspectiva municipal
Autor(es): Gomes, Marcos Vinícius de Sousa Rocha
Abstract: In the Brazilian municipal context, the formal expansion of mechanisms for social participation, driven by the 1988 Constitution, coexists with institutional obstacles that limit the influence of civil society on public decision-making. It is within this mismatch between normative openness and decisional effectiveness that this research is situated, dedicated to examining the democratic
quality of normative-participatory instruments, with particular attention to public policy councils. The research problem consists in assessing to what extent the legal-institutional design of these mechanisms, in the Municipality of Fortaleza, fosters or constrains their concrete realization, taking the local case as a unit of analysis capable of shedding light on dynamics observable in other large municipal arrangements. The empirical scope focuses on the local
regulation of participation, from the Organic Law to the internal bylaws of the collegiate bodies. The thesis is linked to the concentration area “Constitution, Society and Legal Thought,” within the Research Line “Social Relations and Legal Thought,” in articulation with the broader project “Political Participation in the Democratic State.” The study adopts the hypotheticaldeductive method, with a qualitative approach supported by quantitative data, through
bibliographic, jurisprudential, and documentary research, encompassing normative acts and meeting minutes. As an original contribution, the work organizes the concept of ParticipatoryDemocratic Law into four dimensions, procedural, substantive, interpretative, and dialectical, and, based on this framework, develops the Index of Democraticity of Municipal Participatory
Instruments (IDPM), structured around 47 binary indicators distributed across five dimensions: inclusion and plurality; institutional autonomy; deliberation and agenda-setting; transparency and publicity; and procedural regularity. Applied to 30 councils in Fortaleza, the index demonstrates that broad normative provision coexists with deficits in autonomy and
transparency. From this diagnosis emerges the analytical category of tutelary inclusion, understood as a pattern in which the presence of civil society is admitted, although its capacity to exert influence remains constrained by bureaucratic dependencies and low procedural visibility. The research also presents a proposal for a municipal model law to regulate participatory democracy, with the aim of translating analytical findings into objective
parameters for institutional improvement, both in the local system and in other municipalities subject to analogous legal regimes. It concludes that the effectiveness of participatory democracy requires overcoming administrative tolerance and the model of tutelary inclusion, since citizen presence only acquires deliberative density when supported by a binding institutional design capable of preventing procedural capture and projecting participation as a
structuring element of public policies.
Tipo: Tese2026-01-01T00:00:00ZAnálise comparativa da negociação coletiva no Brasil e em Portugal: uma proposta de aprimoramento da regulamentação brasileira de prevalência do negociado sobre o legisladoBruxel, Charles da Costahttp://repositorio.ufc.br/handle/riufc/854932026-03-27T14:48:36Z2026-01-01T00:00:00ZTítulo: 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
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(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: Tese2026-01-01T00:00:00Z