3 resultados para Moral Rights

em Universidade Federal do Rio Grande do Norte(UFRN)


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The main concern of this work is to offer an analysis of the possibility of an ethical approach to the interaction between human beings and animals. As far as possible we seek an approach which rely neither on utilitarian considerations nor on indirect reasons to explain the attribution of dignity or moral rights to animals. We take for granted that some of them (if not all) do possess it. And then we try to show that a deontological ethical theory (one which centers in the human as the agent but is not restricted to humans as the objects of the moral action) can afford us a good theoretical basis for the grounding of the attribution of rights or dignity to animals. Analyzing the main features of Kantian ethics, as well as some of its alternatives, it will be possible to show that an ethical theory which does not presuppose reciprocity nor depends solely upon particular human concerns is not only possible but also reveals itself as the most sensible and adequate to the nature of our values and of the case at hand.

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Resumo:

The main concern of this work is to offer an analysis of the possibility of an ethical approach to the interaction between human beings and animals. As far as possible we seek an approach which rely neither on utilitarian considerations nor on indirect reasons to explain the attribution of dignity or moral rights to animals. We take for granted that some of them (if not all) do possess it. And then we try to show that a deontological ethical theory (one which centers in the human as the agent but is not restricted to humans as the objects of the moral action) can afford us a good theoretical basis for the grounding of the attribution of rights or dignity to animals. Analyzing the main features of Kantian ethics, as well as some of its alternatives, it will be possible to show that an ethical theory which does not presuppose reciprocity nor depends solely upon particular human concerns is not only possible but also reveals itself as the most sensible and adequate to the nature of our values and of the case at hand.

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The social and economic changes of the last decades have enhanced the dehumanization of labor relations and the deterioration of the work environment, by the adoption of management models that foster competitiveness and maximum productivity, making it susceptible to the practice of workplace bullying. Also called mobbing, bullying can occur through actions, omissions, gestures, words, writings, always with the intention of attacking the self-esteem of the victim and destroy it psychologically. In the public sector, where relations based on hierarchy prevail, and where the functional stability makes it difficult to punish the aggressor, bullying reaches more serious connotations, with severe consequences to the victim. The Federal Constitution of 1988, by inserting the Human Dignity as a fundamental principle of the Republic, the ruler of the entire legal system, sought the enforcement of fundamental rights, through the protection of honor and image of the individual, and ensuring reparation for moral and material damage resulting from its violation. Therefore, easy to conclude that the practice of moral violence violates fundamental rights of individuals, notably the employee's personality rights. This paper therefore seeked to analyze the phenomenon of bullying in the workplace, with emphasis on the harassment practiced in the public sector as well as the possibility of state liability for harassment committed by its agents. From a theoretical and descriptive methodology, this work intended to study the constitutional, infra and international rules that protect workers against this practice, emphasizing on the fundamental rights violated. With this research, it was found that doctrine and jurisprudence converge to the possibility of state objective liability for damage caused by its agents harassers, not forgetting the possibility of regressive action against the responsible agent, as well as its criminal and administrative accountability.