https://repositorio.ufba.br/handle/ufba/504 2026-04-17T19:55:03Z 2026-04-17T19:55:03Z Mascarenhas, Aquiles Santos https://repositorio.ufba.br/handle/ri/44395 2026-04-17T14:56:49Z 2025-12-01T00:00:00Z

A responsabilidade civil por atos abusivos decorrentes do exercício do direito de greve: uma análise sob a ótica das fronteiras ao exercício da liberdade sindical e teoria das externalidades Mascarenhas, Aquiles Santos Carreiro, Luciano Dórea Martinez Civil liability for abusive acts resulting from the exercise of the right to strike is a complex issue that raises important questions about the limits of freedom of association and the balance between workers' rights and the protection of third parties. The strike, recognized as a constitutional right in Brazilian legislation, is a crucial instrument for workers to demand better working conditions and fair wages. However, its use must be balanced with the need to preserve public order and protect the interests of employers, consumers and society in general. Based on the theory of externalities developed by Arthur Pigou and Ronald Coase, this research proposes a reinterpretation of the right to strike, acknowledging that its exercise produces social costs and benefits beyond the labor sphere. The positive externalities, such as improvements in working conditions and social justice, should be regarded as legitimate social burdens, while the abusive negative externalities must be internalized through civil liability, guided by the principles of proportionality and constitutional solidarity. The exercise of the right to strike must comply with specific rules to avoid acts that could be considered abusive or illegal. When strikes result in material damage, economic losses, or even violence, the question of civil liability for the losses caused arises. This work seeks to examine the fine line between the legitimate exercise of the right to strike and acts that exceed legal limits, exploring the historical, legal and social aspects of the issue. The work addresses the historical evolution of civil liability and its applications in the context of labor law. It analyzes how guilt, intent and causality influence liability for abusive acts during strikes, in addition to examining the implications of excessive or improper use of this right. The research also highlights the State's civil liability in cases of abusive intervention during strikes, as well as the competence of the Labor Court to judge cases related to the abusive exercise of the right to strike. Universidade Federal da Bahia Tese

2025-12-01T00:00:00Z Santos, Aline Beatriz da Cruz dos https://repositorio.ufba.br/handle/ri/44378 2026-04-17T15:10:56Z 2026-02-11T00:00:00Z

Regressividade tributária sobre alimentos da cesta básica e itens de higiene na vida de mulheres negras com renda per capita de até dois salários-mínimos no Brasil: análise-crítica à luz do princípio constitucional da capacidade econômica Santos, Aline Beatriz da Cruz dos Portella, André Alves This dissertation analyzes the regressive nature of the Brazilian tax system and its impacts on the lives of Black women (both pretas and pardas) with a per capita income of up to one minimum wage. The aim of this study is to examine how a fiscal structure predominantly based on indirect taxes on consumption (such as ICMS, IPI, and PIS/Cofins) violates the Constitutional Principle of Ability to Pay by disproportionately burdening the poorest segments of the population. Adopting an intersectional perspective, the research demonstrates that the tax burden operates as a structural mechanism reinforcing inequalities of race, gender, and class. Black women, who have been historically marginalized and possess lower purchasing power, allocate a significantly larger share of their income to the acquisition of essential goods—such as basic food items and hygiene products (including sanitary pads)—which are subject to uniform taxation. This regressive structure not only compromises income but also violates fundamental rights, including access to adequate food and human dignity, thereby perpetuating a cycle of vulnerability. Accordingly, the study concludes that tax reform in Brazil is urgent and must go beyond simplification, requiring the restoration of progressivity through the adoption of tax policies that incorporate racial and gender considerations, ensuring that the tax burden falls on those with greater economic capacity and effectively promoting tax justice. UNIVERSIDADE FEDERAL DA BAHIA Dissertação

2026-02-11T00:00:00Z Lyra, Ivy Góis da Fonsêca https://repositorio.ufba.br/handle/ri/44377 2026-04-14T19:28:00Z 2024-05-31T00:00:00Z

O reconhecimento espontâneo de paternidade/maternidade de filho biológico falecido sem descendente Lyra, Ivy Góis da Fonsêca Cunha, Leandro Reinaldo da The main objective of this dissertation is to study the possibility of paternal and/or maternal recognition of a deceased child with no descendants. It discusses whether the rule of conditioning posthumous recognition on the existence of descendants of the deceased child, contained in the sole paragraph of article 1.609 of the Civil Code, would be an impediment to establishing the bond of filiation. The hypothesis raised by this investigation is that it is feasible to spontaneously recognize the paternity/maternity of a deceased biological child without offspring, provided that the spontaneous expression of paternal/maternal will is submitted to the Judiciary. Initially, the nature of the fundamental right inherent in filiation is studied, emanating from the unavailability and essentiality of the kinship relationship established between the child and the father/mother. This is followed by research into the recognition of kinship, with an in-depth analysis of the rules regulating extrajudicial and judicial procedures for establishing paternal/maternal ties. Finally, the provisions and restrictions codified in art. 1.609 on the voluntary recognition of paternity/maternity were confronted, directly confronting the hypothesis outlined and concluding that it was confirmed. Universidade Federal da Bahia Dissertação

2024-05-31T00:00:00Z Morais, Gabriela Expósito Tenório Miranda de https://repositorio.ufba.br/handle/ri/44376 2026-04-14T18:59:15Z 2025-12-09T00:00:00Z

Ato concertado para apoio do juízo estatal ao juízo arbitral em matéria probatória Morais, Gabriela Expósito Tenório Miranda de Oliveira Filho, João Glicério Although arbitration is a part of the Brazilian justice system and operates independently from the Judiciary, it is undeniable that there is interaction between these systems—arbitration and state courts. This paper aims to set forth the minimum content of a primary coordinated agreement (“ato concertado primário”) between an arbitral institution and a state court in cases where (i) support is needed to enforce decisions or to ensure greater efficiency in the arbitration proceedings; (ii) there is a common issue of fact in both ongoing arbitral and judicial proceedings, in which case the state court may produce evidence with the participation of the arbitral tribunal. Our objective was to ensure that, based on this primary coordinated agreement, other secondary acts of cooperation may be entered into, dispensing with the use of the arbitral letter (“carta arbitral”), unless the parties to the arbitration negotiate otherwise. We have identified the following elements that should comprise the primary coordinated agreement: parties; subject matter; addressing the request for support; the form of request for support; regulations on budget estimates; indication of the arbitration agreement as the most appropriate instrument for entering into a procedural legal transaction to avoid the application of the rules of the primary coordinated agreement on arbitration; publicity of the primary coordinated agreement; regulation of the possibility of confidentiality in the performance of cooperative acts; indication of the documents required to submit such a request; regulation of the hearing of the parties in proceedings where secondary cooperation acts will be entered into; definition of jurisdiction over incidental evidentiary issues; and forms of challenge available to the parties in the arbitral proceedings in the event of noncompliance by the courts with the duty of cooperation. Universidade Federal da Bahia Tese

2025-12-09T00:00:00Z