ABSTRACT. In face of an unstable context, to which organizations must present consistent performance, outsourcing has been one of the most adopted management tools. However, its effectiveness depends on a wider organizational adaptation, which includes managers’ qualification to deal with it. This paper aims at identifying the necessary competencies of outsourcing contract managers of mining companies, and at verifying if these competencies are exercised. This research was conducted both through a qualitative focus on a case study, based on documental research of formal records related to the theme, and on a field research, based on semi-structured interviews with contract managers: the collected data were treated through content analysis. The main results show that, in most cases, the interviewed managers present the necessary competencies, which suggests that outsourcing works properly for the observed organization. Yet, some improvements are necessary, as it occurs with any management tool. It has been concluded that, because of the formality of the contracts, the managers’ qualification, many times, generates self-confidence problems as in decision making, and stress when they deal with adversities, which is partially explained by the accumulation of duties in a productive context.
ABSTRACT. Sustainability is a constitutional principle that determines public contracts simultaneously with economic, social and ecological balance of dynamic functions. Thereby, it helps to promote a transition to low carbon supply chains. In other words, the principle implies consistent and congruent revaluation of cost-effectiveness, efficacy and efficiency, key factors for a successful implementation of public policies to achieve global net benefits.
ABSTRACT. The breach of the employment contract by the employee may generate disciplinary responsibility and liability. Therefore, the employee may be liable for the damages caused to the employer as a consequence of the breach of the employment contract.
ABSTRACT. This essay seeks to observe the e-commerce, cyberspace and the contract electronics from the Theory of Social Systems of Xxxxxx Xxxxxxx. Social systems are composed of communications, which are characteristic features of such systems. However, based on the concept of cibersystem, you can talk about “cibercommunication” (Xxxxxxxxxx). Thus, the electronic contract will be observed as legal cibercommunication. The contract is a form of privileged communication, allowing the structural coupling between social systems and cibersystems. This dynamic virtual, the social system, the legal system and cyberspace are building a relationship of mutual interdependence. Observe the contract system may give different possibilities for making decisions in the field of contractual dogmatic.
ABSTRACT. This paper aims to contribute to facilitate the understanding of the similarities and diferences between marriage, common-law marriage and dating, analyzing such institutes across to their historical factors training and the current Brazilizan legislation. Some have close proximity and similarities that sometimes get confused since emerging from them, in essence, a possible/or future common goal: the creation of a Family, a fator that highlights the importance of analyzing them from the perspective of society and contemporary legislation.
ABSTRACT. This paper aims to examine the role that future contracts play on oil spot price formation. Firstly, the cointegration and causality hypothesis are tested, using appropriate econometric techniques. On verification, several distributed lag models are estimated in order to forecast spot price behavior, taking into account current information on the future price. The results provide evidence of strong predictive power of certain short-term future contracts, using as reference the corresponding expiry date at the time of the transaction. All data have been obtained from daily quotations of the Brent and WTI crude oil prices, in US$ per barrel, in the spot market and their four nearest future contracts. The time period spanned by the analysis ranges from June 2009 to March 2013.
ABSTRACT. This work objective presents an EPC contract (Engineering, Procurement and Construction), from the perspective of law. Allow visualization of a concept, ex- plaining what an EPC contract, where it came from is and how it ranks in our legal system. The paper also presents the main risks to which the contracts are subject to the EPC, as well as what measures can be taken to mitigate these risks. Finally examines the way in which risks can be solved if they see real conflicts between the parties that celebrate the EPC contract. It is concluded that the contracts include a kind of continuous execution, bilateral, costly, cumulative and consensual.
ABSTRACT. This article proposes the adoption of consensual mechanisms for dispute resolution, such as consent decrees and mediation, by the Public Administration, for the allocation of the monies withheld in services agreements to outsourced workers. It makes use of the theoretical method for analysis of sources on the subject and the empirical (“inductive”) method for the analysis of specific cases. The conclusion is that the proposed consensual mechanisms oYer beter solutions for the protection of social rights of workers.
ABSTRACT. This paper aims to make a brief analysis of the social contract theories in Xxxxx and Xxxxxxxx. Both authors share the concept of a deliberate agreement between humans whose wild condition finishes with this decision. Therefore, the State emerges to protect from a certain way of living: the wildness. In contrast, Xxxxxx Xxxxxxxx – French ethnologist – enlightens issues about primitive groups in current times and demonstrates that there is a permanent conjuration against the emergence of a political power beyond the control of the social group as a whole. Hence, these 1 Doutorando em Bioética, Ética Aplicada e Saúde Coletiva pela Universidade Federal Fluminense (PPGBIOS – UFF), Brasil. E-mail: xxxxxxxxxxxx@xxxxx.xxx groups are societies against the State. Thus, we aim to make a collision between the ideas of Xxxxx, Xxxxxxxx and Xxxxxxxx as well as its current reverberations.
ABSTRACT. 1 Advogado formado pela Pontifícia Universidade Católica de São Paulo (PUC-SP); Especialista em Direito Digital pelo Insper Instituto de Ensino e Pesquisa (INSPER); Pós-graduando em Direito dos Contratos na Pontifícia Universidade Católica de São Paulo (PUC-SP); atuante nas áreas Cível Empresarial, Contratos, Societário, Direito Digital, Proteção de Dados e Direito das Startups. This paper aims to analyze the convertible loan contract in equity participation, which is widely used in the corporate development scenario of certain companies, especially in those companies labelled as "startups". The objective is based upon the development of knowledge about said theme, identifying its main aspects considering its absence in the Brazilian legal system. Using the methodology of bibliographic and legal precedents research, an approach will be directed to its origin, its main advantages and disadvantages for those who make use of it, as well as its characteristics before the Brazilian legal system, highlighting, mainly, its legal nature, and the characteristics that it can adopt before the parties to this agreement. The conclusion will be that such instrument should be used by the business society, establishing the main rules that said agreement must have in relation to its parties. It shall be concluded as well that the convertible loan contract possesses a sui generis characteristic, in light of its fluctuation between being placed as a debt contract and a corporate relationship contract with the company benefited by the contribution of amounts.