Vigilância eletrônica no trabalho bancário: do controle consentido ao totalitarismo corporativo

This dissertation addresses the electronic surveillance theme in the banking context. The research that originated it, which was held in an organization called for the fiction name Banco Total, started from the following driving question: How do workers at a bank perceive electronic surveillance at their process of work? The research s main objective was to comprehend how workers perceive electronic surveillance at their process of work. The study adopted an interdisciplinary perspective, having Management as the original field, establishing a dialogue with others disciplines, like Philosophy and Sociology. About its methodology, it s a qualitative research that addressed its object in oral (interviews with live history elements) way. . Ten individuals were interviewed. The analytical process utilized the hermeneutical-dialectics technique.. From the analyses (hermeneutics) of the data, the following themes have emerged: (i) Acquiescence ; (ii) Monitoring; (iii) Time and Motion; (iv) Fear; (v) Interdiction; and (vi) Resistance . From the discussion (dialectic) of the results, this work presents three synthetic propositions that culminate in the following dimensions (i) control; (ii) acquiescence; (iii) corporative totalitarianism. It can be concluded that electronic surveillance is one mechanism of control emerged from the apply of technology at Total Bank; that information technology has been improving the control mechanisms of management theories; and that the imbrications between management and material technology control mechanisms at a context where there is acquiescence by workers contribute for the emergency of corporative totalitarianism components

Saída compulsória do estrangeiro do território nacional à luz dos direitos humanos: análise de casos

This paper aims to review traditional concepts inherent to the general theory of the state and human rights, relating to the legal situation of foreign, understood as the subject of rights, especially when the is case of compulsory legal imposition of exit from national territory. After the serious violations during the Second World War and the importance acquired by the International Law of Human Rights, values as dignity, justice and equality are enshrined in the legal system and its respect required beyond the boundaries of any country. The creation of an international community, which is governed by rules that its members are subordinated, without distinction, as well as state - based on volunteerism, become inspired by one principled nature of these new concepts required of Global Society, as well as the adoption, influenced by neoconstitutionalism, to the model of State Constitutional rule of law, are opposed to the idea of state sovereignty connected to a superiority, absolute and unlimited power which recognizes no other above it, not even the basic principles or axioms that must govern the relationships internally. So looks for a concept of state that includes all the requirements of a democratic society, that have the people as the power holder, understanding that state element has undergone a relativization, because had to adapt to the contemporary values applicable to the individual, inserting in its concept, the indispensable obligation to protect the inalienable rights of citizens, regardless of with whom he have legal and political bond of nationality. It happens that, to consecrate these privileges to individuals, which, because they contain reference to values with supranational characteristics, are very abstract and are in constant collision course with internal rules, making it difficult to reconcile, it will use hermeneutics of human rights, due mainly to international courts, correlated with constitutional exegesis, in particular, legal principiologia, using, among others, the principles of reasonableness and proportionality, the systematic interpretation of the Constitution and international legal standards. Thus, it seek to enshrine the common foundation of all law , the link between the systems, namely, the dignity of human beings. Finally, it will see if Brazilian jurisdiction, through case studies, is tuned in line with these new paradigms, and in line with the International Bill of Human Rights, the Federal Constitution, the values and principles she hired

Hermenêutica constitucional e fficácia dos Direitos Sociais

The present research has, as general objective, to seek a constitucional hermeneutics directed toward the improvement of the efficacy of the social rights rules, with the purpose to solve the elapsins problems from the general picture of its inefficiency, which are disposed on the Constitution, in its ample majority, as mere regular norms. Leaving of the premise that no Constitutional norm can be without being materialized and the true development of the State is it the social one (based on the principles of freedom, equality and solidarity), it will be demonstrated that the arguments in favor of the legislative inefficiency configure a true blow on the Democratic State of Brazilian Law. For this, it will be done, preliminarily, a study of the basic rights, legal category where it is found the social rights. To follow, it will be analyzed the hermeneutics of the legal norms, with emphasis on the specifics of the constitutional hermeneutics and its methods of interpretation. Finally, the aspect on the improvement of efficacy and the effectiveness of the social rights will be studied, through a new readind of certain dogmas that still persist in the legal world, being distinguished the institutiones of the reserve of the possible and the existential minimum. Ahead of this, after verifying the new paradigmas of the interpretable activity, will be demonstrated how it is possible to get an upgrade on the effectiveness of the social rights

Vigilância eletrônica no trabalho bancário: do controle consentido ao totalitarismo corporativo

This dissertation addresses the electronic surveillance theme in the banking context. The research that originated it, which was held in an organization called for the fiction name Banco Total, started from the following driving question: How do workers at a bank perceive electronic surveillance at their process of work? The research s main objective was to comprehend how workers perceive electronic surveillance at their process of work. The study adopted an interdisciplinary perspective, having Management as the original field, establishing a dialogue with others disciplines, like Philosophy and Sociology. About its methodology, it s a qualitative research that addressed its object in oral (interviews with live history elements) way. . Ten individuals were interviewed. The analytical process utilized the hermeneutical-dialectics technique.. From the analyses (hermeneutics) of the data, the following themes have emerged: (i) Acquiescence ; (ii) Monitoring; (iii) Time and Motion; (iv) Fear; (v) Interdiction; and (vi) Resistance . From the discussion (dialectic) of the results, this work presents three synthetic propositions that culminate in the following dimensions (i) control; (ii) acquiescence; (iii) corporative totalitarianism. It can be concluded that electronic surveillance is one mechanism of control emerged from the apply of technology at Total Bank; that information technology has been improving the control mechanisms of management theories; and that the imbrications between management and material technology control mechanisms at a context where there is acquiescence by workers contribute for the emergency of corporative totalitarianism components