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Navegando FD - Trabalhos de Conclusão de Curso por Autor "Azevedo Neto, Platon Teixeira de"
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Item A aplicação das normas de saúde, higiene e segurança do trabalho no regime de teletrabalho ou home office(Universidade Federal de Goiás, 2023-02-27) Oliveira Júnior, Ivaney Paixão de; Azevedo Neto, Platon Teixeira de; Azevedo Neto, Platon Teixeira de; Santos Neto, Arnaldo BastosRemote work is a work modality favored by technological advancements and has experienced a significant and sudden increase due to the COVID-19 pandemic. Therefore, without clear and detailed regulations, and without enough time for proper planning, training, and structuring of the work environment at home, this new reality has accentuated concerns regarding the health and safety of remote workers. In this scenario, this article aims to investigate how occupacional health, hygiene, and safety general standards conform to the reality of teleworking and home office. To do so, a literature review is conducted, which includes an examination of norms aimed at guaranteeing these protections in these new work relationships. Although there is extensive regulation regarding the general protection of occupacional health, hygiene, and safety rights, it is observed that there is little discipline regarding the application of these rights to the reality of teleworkers. Although the 2017 Labor Reform sought to regulate the matter, important issues related to the topic have yet to be addressed. The rules are still insufficient and imprecise. Therefore, more detailed regulation is necessary to effectively guarantee worker protection in this modality.Item Compliance como ferramenta de gestão pública(Universidade Federal de Goiás, 2023-02-28) Rodrigues, Caroline Marques; Santos Neto, Arnaldo Bastos; Santos Neto, Arnaldo Bastos; Azevedo Neto, Platon Teixeira deThe present work aims to analyze the application of Compliance in public administration through integrity programs, aiming for its effectiveness in preventing illicit practices and promoting good governance. To achieve this goal, a literature review was conducted on the subject, as well as a study of the case of the Public Compliance Program of the State of Goiás. The methodology used consisted of collecting information through bibliographic and documentary research, consulting the current legislation in the Brazilian legal system, official reports and documents from the State Controller's Office of Goiás, books and scientific articles on the subject, as well as academic papers. The results achieved showed the importance of implementing compliance programs in public administration for the prevention of illicit practices and the improvement of integrity in public management. It was also possible to identify that the implementation of the compliance program should be accompanied by the promotion of an ethical and integrity culture, with the commitment of public managers to its implementation and maintenance. In addition, with transparent practices and risk management, compliance is capable of providing a more trustworthy and efficient administration, demonstrating its essentially as a management tool. For them to be effective, it is essential that public administration seeks to improve its ethical and integrity culture, as well as invest in the training of its employees. Advancement in this area can significantly contribute to strengthening integrity in public management, resulting in benefits for society as a whole.Item O direito à desconexão frente ao uso de plataformas digitais no trabalho: uma análise jurídica e suas implicações nas relações trabalhistas contemporâneas(Universidade Federal de Goiás, 2023-08-07) Corrêa, Gabriel Vilarinho; Azevedo Neto, Platon Teixeira de; Azevedo Neto, Platon Teixeira de; Santos Neto, Arnaldo BastosThis study addresses the topic of the right to disconnect in the face of the use of digital platforms in the workplace, with an emphasis on legal analysis and its implications in contemporary labor relations. The article seeks to understand the impact brought to workers' lives through the use of digital platforms in the work environment. To achieve this, the study employs the hypothetical-deductive method with the assistance of bibliographic research. The paper highlights that technological advancement and digitalization have transformed the workplace, but they also pose challenges to the protection of workers' rights. Furthermore, it addresses some fundamental aspects of the right to disconnect. Firstly, it examines the impact of constant access to digital platforms in the work environment. Next, it discusses the need to establish clear boundaries for the use of digital platforms outside working hours. Additionally, the article explores the phenomena of "infoxication" and "telepressure" arising from the use of technology in the contemporary work environment. Legal norms and jurisprudence related to the subject are analyzed to comprehend existing protective measures and the gaps that need to be addressed. Furthermore, there is an examination of the use of technology in the workplace as a means to guarantee the employer's right to economic development. Finally, the article assesses the right to disconnect in telework, taking into account the legal and practical challenges of this form of remote work. The conclusion highlights that the legal framework is still lagging behind regarding the right to disconnect and lacks clear provisions for ensuring this right. Emphasizing the need to update the legal framework, promote awareness among companies and workers, and establish a balanced and healthy work environment.Item Possibilidade e efeitos do reconhecimento do vínculo empregatício para o microempreendedor individual: o fenômeno da pejotização(Universidade Federal de Goiás, 2023-02-28) Sousa, Vitor Humberto Lobo de; Azevedo Neto, Platon Teixeira de; Azevedo Neto, Platon Teixeira de; Santos Neto, Arnaldo BastosThis article seeks to understand what the pejotization phenomenon is, so that we can pay attention to the problems that replacing the formal contract with the hiring of MEI's can generate. This practice, very common in today's society, is a double-edged sword. While giving more freedom and autonomy to the employee, it also restricts his labor rights. With this, we arrive at the main objective of this article, which is to clarify the possibility and effects of recognition of the employment bond for the MEI. The methodological process was the use of the hypothesis that, in some cases, the employer uses pejotization to obtain advantagesin the employment relationship, hiring MEI's instead of CLT employees to avoid laborcharges. From this hypothesis, using the deductive method, it is understood that MEI's who felt harmed sought the Labor Court in order to obtain the employment bond to have access to theirlabor rights. And it is based on this scenario, the understanding of experts and decisions made by the Brazilian Judiciary, that we will clarify in which context the phenomenon of pejotization is bad for the employee, what is the possibility of obtaining an employment bond, even as a legal entity and without a formal contract, and what are the necessary requirements for the recognition of this employment bond, as well as the effects arising from this recognition. As a result, it was concluded that, by proving the requirements for recognition of the employment bond, it is indeed possible to recognize such a bond for a MEI. And the most relevant effect of this recognition is the employer ́s obligation to pay the foreseen labor rights that are pertinent to the specific case.Item Uso de dados de geolocalização como prova da jornada de trabalho ante os direitos à intimidade e à vida privada(Universidade Federal de Goiás, 2023-02-23) Coelho, Daniel Oliveira; Azevedo Neto, Platon Teixeira de; Azevedo Neto, Platon Teixeira de; Santos Neto, Arnaldo BastosThe present article aims to address bibliographic sources related to the use of digital evidentiary means concerning geolocation records in labor disputes. The admissibility of this type of evidence in the Brazilian legal system will be analyzed, as well as how the use of geolocation data as evidence creates a conflict between fundamental rights, specifically the right to evidence and the right to privacy and personal life. The research methodology used in this work was exploratory, bibliographical, indirect documentation, qualitative, and basic research. Firstly, the technological evolution observed in recent decades and the emergence of communication methods capable of mapping, monitoring, and storing geolocation data was examined. Subsequently, the concept and characteristics of geolocation and the possibility of its use as evidentiary means were analyzed as a result of the constitutional guarantee of the right to evidence. Furthermore, the admissibility of this evidence in labor disputes was examined, taking into account the burden of proof in disputes regarding working hours, as well as the ordinary means of evidence. In addition, legal statutes and their procedures that regulate the treatment of personal data, including the use of geolocation data as evidentiary means, such as the General Data Protection Law and the Internet Civil Framework, were analyzed. The article also analyzed the conflict between the right to evidence and the right to privacy and personal life, considering the constitutional guarantees of intimacy and privacy. It was highlighted that in the Brazilian legal system, the conflict between fundamental rights implies a regime of reciprocal concession between guarantees to be analyzed in each specific case by the Judiciary. Judicial decisions resolving conflicts on the subject were analyzed, revealing the plurality of interpretations regarding the use of digital evidentiary means. Finally, it was concluded that, through the regime of reciprocal concession, digital evidence may be admissible and valid in judicial proceedings, provided that requirements that delimit the object of proof and ensure the confidentiality of these data in the process are observed, thus guaranteeing the constitutional right to evidence while preserving the privacy and personal life of the data subject.