Especialização Direito do Trabalho e Processo do Trabalho
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Navegando Especialização Direito do Trabalho e Processo do Trabalho por Autor "Cosme, Andreia Catine"
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Monografia Acesso aberto A Aplicabilidade da inversão do ônus da prova diante da dificuldade de comprovação do assédio moral no processo trabalhista(2017) Bianco, Fernando OrbenThe central point of this study is based on the analysis of the applicability of the institute of the inversion of the burden of proof to cases of moral harassment in labor justice and its positive or negative repercussions for the parties. This desideratum arises from the harmfulness of moral harassment to the employee, from the absence of criminal norms criminalizing the illicit conduct, from the importance of the indemnity actions before the justice of the work in the combat to this injurious conduct, of the difficulty of the employee in obtaining evidence on the harassment In an environment controlled by the employer, causing, in most cases, sentences that denigrate the request for compensation resulting from harassment, or even discouraging the victim, who, faced with the difficulty and low probability of success, does not even try. In the present research, based on the deductive method, monographic procedure and bibliographical technique, the characteristics and forms of combating moral harassment in the workplace and the difficulty that the victim encounters in discharging the burden of proof are identified and examined. Aspects related to the subsidiary application of the common law to the labor process, premises that deductively point to the reversal of the burden of proof as an institute applicable to the labor process, capable of correcting and inhibiting this illicit practice. Considering that labor action is one of the few ways for the victim to rebel against the practice of bullying in the workplace, the inversion of the burden of proof and the new theories of distribution of the burden of proof are presented as real tools of Emancipation and effective access to justice, since they enable a higher rate of success in lawsuits on the subject, encouraging victims to bring their claims to the judiciary and finally, resulting in a deterrent effect capable of inhibiting the practice of bullying in the workplace.Monografia Acesso aberto O assédio moral nas agências bancárias: causas e consequências(2017) Israel, EduardoCausas e consequências do assédio moral em agências bancáriasMonografia Acesso aberto O dano existencial no direito do trabalho diante da reestruturação organizacional do setor laboral bancário(2017) Pittigliani, Muryel Claudino dos SantosThe present study tries to verify the occurrence of existential damage in the labor relations that involves the category of bankers, in front of the new organizational structure of this sector. In labor law, existential damage arises from the employer's conduct that interferes or negatively changes the project of personal life or causes an impediment or constraint to the life of the relationship outside the work environment. The concept of existential damage comes from Italian law and is gradually being explored, recognized and applied by Brazilian jurisprudence and doctrine, whose foundations of this new institute are based, above all, on the principle of the dignity of the human person and the fundamental rights and guarantees envisaged In the Federal Constitution of 1988. Workers in the financial sector are extremely exposed to occupational diseases because of the way of management of the respective companies that bet on a routine of collecting abusive goals, pressure and moral harassment as a way to increase their productivity. In this work the method of interpretation was used as the deductive method. The research technique used was the bibliographical one.