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. 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. 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. 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 groups are societies against the State. Thus, we aim to make a collision between the 1 Doutorando em Bioética, Ética Aplicada e Saúde Coletiva pela Universidade Federal Fluminense (PPGBIOS – UFF), Brasil. E-mail: xxxxxxxxxxxx@xxxxx.xxx ideas of Xxxxx, Xxxxxxxx and Clastres as well as its current reverberations.
ABSTRACT. This work, which deals with the employer's responsibility in real estate leases in reaction to an existing employment relationship that the pandemic to the new coronavirus that affected everyone's lives in different ways, especially for those who live on rent who lost their jobs and had their reduced income, the biggest despair was that the bills didn't stop coming, including the rental expense that is usually the highest fixed expense. Considering the difficulty of the lessor to pay the rent due to unemployment or income reduction that that the property lease agreement is flexible to the tenant who proves that he is unable to pay his rent due to the consequences of the pandemic. Which has been aggravating the visibility of workers' health frightening losing their friends and loved ones and co-worker through covid-19. According to a survey carried out by the property and property association, their rents had to be negotiated to comply with obligations for reasons linked to the crisis of the new coranavirus presented these problems and to find possible causes to avoid the occurrence in other properties. Based on the civil code of article 317, suspension of rent payment was granted.
ABSTRACT. Considering the most recent updates in the regulation of crypto assets and, more specifically, stablecoins, this work aims to examine whether stablecoins can be classified as securities under Brazilian Law. More specifically, an analysis is made of the possibility of classifying stablecoins as derivatives or as collective investment contracts.
ABSTRACT. This article aims to evaluate the legality of the term extension as a regular way of restoring the economicfinancial balance of program contracts in the light of the new legal framework of basic sanitation. In this objective, we examine the main novelties of Law no. 14,026/2020 and the treatment given by it to those delegation instruments, highlighting the preservation of their inherent guarantees, including the economic and financial ones. Then, the work analyzes the different mechanisms of preservation of contractual balance, giving special attention to the extension of duration for the purpose of rebalancing, a recomposition mechanism that is not confused with the ordinary extension by judgment of convenience and opportunity of the Public Administration. Considering these assumptions, we detail how the extension of the length of program contracts for rebalancing purposes finds shelter not only in general legislation, but also does not contradict specific legislation for the basic sanitation sector, especially Law no. 14,026/2020 and Decree no. 10,710/2021.
ABSTRACT. Given the importance of the matter and the news brought about by Law no. 13,467/2017 (Labor Reform), the scientific paper aimed to analyze and compare the differences and similarities in the normative treatment given by Brazil and Portugal in relation to the intermittent employment contract. The approach method used was, primarily, comparative, under a functionalist bias, framing the research as a micro-comparison. After the development of the work, it was found that the Brazilian system adopted a “super flexible” intermittent employment contract rule that guaranteed almost no rights for the worker, substantiating a truly insufficient protection for workers due to the violation of the constitutional model of mi- nimum protection for workers; on the other hand, the Portuguese model, despite having undergone some recent objectionable modi- fications, adopts important rules that, in theory, subject this type of employment contract to reasonable parameters of civility. In this sense, it was found that the hypothesis presented at the beginning of the article proved to be correct, since, in fact, Portuguese Law has regulations on intermittent employment contracts that are more favorable to workers than the model adopted in Brazil. In view of this conclusion, the Brazilian legislator, even in order to escape the state of unconstitutionality in which the current deficient regulation finds itself, must adopt several urgent improvements in the discipline of the intermittent employment contract, which can be based on the guidelines already adopted by Portugal, namely: limiting the modality to only some specific business and economic situations that effectively justify the adoption of this special contractual modality; the guarantee of a minimum annual amount of services provided in intermittent work; and the guarantee of monetary compensation to the worker for the period of inactivity.