Grupo econômico: dimensões da responsabilidade e sua interpretação perante os tribunais do trabalho

O trabalho tem como tema central à análise da dimensão das responsabilidades nos grupos econômicos, bem como a sua interpretação perante os tribunais do trabalho. Busca-se compreender a extensão das obrigações impostas aos grupos e as pessoas que o compõem e acima de tudo, como os tribunais tem decido as questões praticas acerca do tema. As questões que envolvem os Grupos Econômicos têm sido tratadas de diversas formas e sob vários aspectos em nosso ordenamento jurídico. Cada ramo de nosso direito pátrio aborda a questão de acordo com a sua realidade prática, porém, nos casos concretos, a solução dos conflitos muitas vezes prescindem de uma análise mais abrangente. Quando o tema vem à tona, quase sempre repercute em mais de uma esfera, porém, é comum ignorar a essência do instituto e a natureza da questão para buscar a solução apenas sob o ponto de vista do direito que se aborda. Exemplo prático dessa situação é buscar apenas no Direito do Trabalho a solução de um conflito envolvendo o tema Grupo Econômico e a dimensão de suas responsabilidades e das pessoas que o compõem, tudo isso apenas para buscar a satisfação do crédito do trabalhador, como se o Direito do Trabalho servisse apenas para o exercício do pleno de direito de apenas de um dos agentes do pacto social. Embora ainda persista a aplicação estanque do conceito previsto no artigo 2°, § 2° da Consolidação das Leis do Trabalho CLT, os tribunais trabalhistas, principalmente com o advento da Emenda Constitucional 45, vem adotando conceitos outrora utilizados somente em outros ramos do direito. A utilização do instituto da desconsideração da personalidade jurídica (disregard of legal entity) e a aplicação dos conceitos relativos à responsabilidade subjetiva, prevista no artigo 186 do Código Civil e responsabilidade objetiva, inserida no artigo 927, parágrafo único, também do Código Civil, tem servido de importante subsídio aos tribunais trabalhistas para a solução de conflitos ali instaurados. Por outro lado, esses mesmos mecanismos que ajudam na difícil tarefa de entrega de uma prestação jurisdicional e tutela do Estado mais efetivas, também servem, muitas vezes, para justificar a condenação indiscriminada de empresas e pessoas em outros casos. O que se vê, portanto, é que os tribunais trabalhista, prescindem da atualização da legislação trabalhista de modo a coibir que a utilização correta de determinados institutos justifique a equivocada aplicação dos mesmos.

La cultura política del sandinismo: nacimiento, desarrollo y realineamiento de una anomalía política centroamericana

Sandinista ideology and its political culture are born in 1927, with the refusal of the Pacto del Espino Negro by Augusto César Sandino, while its disappearance can be placed in 1999, date of the signature of the Liberal-Sandinista pact with which –effectively- the two main protagonist of nicaraguan politics at that time, Daniel Ortega and Arnoldo Alemán, halt the democratization process of Nicaragua, so putting on ice also its political development. Meanwhile, in the lapse of time between these two pacts, the most intense, feverish, dramatic and participated period of political history of the Central American country develops: an anti-imperialist guerrilla warfare ended in a bloodbath; a dynastic dictatorship of predatory authoritarianism for more than 40 years; a popular revolution that throws down the dictatorship; a decade of revolutionary government attacked by a counter-revolutionary war; an electoral defeat that will lead to a season of “pactismo” that will end the Sandinista anomaly and that will give an opening to something that we could consider –not with a certain difficulty- its pretence. The aim of this essay consists in analyzing how it has been possible that a political experience like the Sandinista Front , created not only for gaining power and for revolutionizing politically, socially and economically Nicaragua, but also for changing radically cultural, ethic and moral perspective of the country and its people, arrived being the contrary of what had been posed as the horizon to aspire...

Ethnic Violence on Kenya's Periphery: Informal Institutions and Local Resilience in Conflict-Affected Communities

Deadly, inter-ethnic group conflict remains a threat to international security in a world where the majority of armed violence occurs not only within states but in the most ungoverned areas within states. Conflicts that occur between groups living in largely ungoverned areas often become deeply protracted and are difficult to resolve when the state is weak and harsh environmental conditions place human security increasingly under threat. However, even under these conditions, why do some local conflicts between ethnic groups escalate, whereas others do not? To analyze this puzzle, the dissertation employs comparative methods to investigate the conditions under which violence erupts or stops and armed actors choose to preserve peace. The project draws upon qualitative data derived from semi-structured interviews, focus group dialogues, and participant observation of local peace processes during field research conducted in six conflict-affected counties in Northern Kenya. Comparative analysis of fifteen conflict episodes with variable outcomes reveals the conditions under which coalitions of civic associations, including local peace committees, faith-based organizations, and councils of elders, inter alia, enhance informal institutional arrangements that contain escalation. Violence is less likely to escalate in communities where cohesive coalitions provide platforms for threat-monitoring, informal pact making, and enforcement of traditional codes of restitution. However, key scope conditions affect whether or not informal organizational structures are capable of containing escalation. In particular, symbolic acts of violence and the use of indiscriminant force by police and military actors commonly undermine local efforts to contain conflict. The dissertation contributes to the literatures on civil society and peacebuilding, demonstrating the importance of comparing processes of escalation and non-escalation and accounting for interactive effects between modes of state and non-state response to local, inter-ethnic group conflict.

El tratado de Teodomiro en su contexto histórico y paleográfico

Tras una revisión de nuestros conocimientos sobre la escritura en árabe en el año de la firma del tratado de Teodomiro, llegamos a la conclusión que estaba en desarrollo este proceso de escritura y que aún no se escribían los puntos diacríticos en las consonantes. Al hilo de ello, el objetivo principal ha sido hacer una relectura de los dos manuscritos principales representativos de las líneas de transmisión del tratado: el de al-‘Uḏrī y el de al-Ḍabbī. Finalmente, se propone un stemma de transmisión de sus textos.

El gobierno económico de la Unión Europea y los principios de justicia del gasto público en una hacienda plural

A partir de 2011 se ha reforzado el gobierno económico de la UE a través de seis instrumentos legislativos, el llamado Six Pack, que supone fundamentalmente una reforma de la supervisión de la política presupuestaria de los Estados miembros. Más recientemente el Tratado de estabilidad, coordinación y gobernanza de UE de marzo de 2012 (TECGUE) establece un conjunto de normas destinadas a promover la disciplina presupuestaria a través de un pacto presupuestario; a reforzar la coordinación de sus políticas económicas; y a mejorar la gobernanza de la zona del euro. En el presente trabajo se analiza si este modelo basado en una estricta disciplina presupuestaria es compatible con los postulados del Estado social, y más concretamente con los principios de justicia del gasto público. En efecto, a partir de la reforma del art. 135 de la Constitución Española, el principio de estabilidad presupuestaria debe ser interpretado coordinadamente con otros principios constitucionales que en el momento presente están plenamente vigentes y pueden adquirir una nueva función: la de actuar como límite y medida del objetivo de estabilidad presupuestaria. Del mismo modo se analizan los principios de coordinación entre las políticas presupuestarias y de endeudamiento de los Estados miembros en un Estado con una pluralidad de Haciendas, como es el caso español.

Análisis de las dos líneas de transmisión del tratado de Tudmīr (94 H./713 e.C.)

Los dos textos principales de las líneas de transmisión del tratado de Tudmīr (94 H/713 e.C.), incluidos por al-‘Uḏrī y al-Ḍabbī en sus respectivas obras, son editados y traducidos en base a la relectura de los manuscritos que los contienen y de ello se extraen una serie de conclusiones sobre su proceso de copia. Luego son comparados los dos textos entre sí y se enumeran una serie de diferencias textuales. Finalmente, como hipótesis interpretativa se propone que el texto de al-‘Uḏrī es el más antiguo, y habría sido copiado de un traslado del original por su autor, mientras que la transmisión de al-Ḍabbī habría sido más reciente y se habría fundado en otra fuente más antigua que habría puesto por escrito un relato oral del texto.

Prospects for regulatory convergence under TTIP. Bruegel Policy Contribution 2013/15, October 2013

An ambitious, comprehensive and high-standard trade and investment agreement between the European Union and the United States is feasible, but a key concern is whether the transatlantic trade partners will succeed in creating a meaningful agreement within the tight timeline of the Transatlantic Trade and Investment Partnership (TTIP) negotiations. The target of a ratified pact before a new European Commission takes office in November 2014 is an objective that is likely to conflict with the level of ambition on the substance. Regulatory congruence would require the unilateral and unconditional recognition by the TTIP partners of each other’s standards, procedures and conformity assessment tests. The way forward is to create a ‘living’ (or progressive commitment) agreement on regulatory cooperation with a horizontal template for coherence and conformity assessment and a detailed monitoring mechanism, with implementation starting immediately for a few selected sectors. Regulatory harmonisation under TTIP may not lead to emerging markets automatically upgrading to the higher TTIP standards. Domestic priorities and the high demand from a rising price-sensitive group of consumers will likely result in a dual regulatory regime in emerging markets in the medium-term.

In sickness and in health: protecting and supporting public investment in Europe. Bruegel Policy Contribution 2014/02, February 2014

The long-term decline in gross public investment in European Union countries mirrors the trend in other advanced economies, but recent developments have been different: public investment has increased elsewhere, but in the EU it has declined and even collapsed in the most vulnerable countries, exaggerating the output fall. The provisions in the EU fiscal framework to support public investment are very weak.The recently inserted ‘investment clause’ is almost no help. In the short term, exclusion of national co-funding of EU-supported investments from the fiscal indicators considered in the Stability and Growth Pact would be sensible. In the medium term, the EU fiscal framework should be extended with an asymmetric ‘golden rule’ to further protect public investment in bad times, while limiting adverse incentives in good times. During a downturn, a European investment programme is needed and the European Semester should encourage greater investment by member states with healthy public finances and low public investment rates. Reform and harmonisation of budgeting, accounting, transparency and project assessment is also needed to improve the quality of public investment.

The Transatlantic Trade and Investment Partnership: A long hard road to multilateralism? EPC Commentary, 26 September 2014

The seventh round of the Transatlantic Trade and Investment Partnership (TTIP) negotiations between the European Union and the United States will take place in Washington on 29 September. If concluded successfully, the TTIP would become the world’s largest free trade pact. The EU and the US account for nearly half of the world’s GDP and 30% of world trade with exchanges of goods and services worth around €723 billion a year and €1.8 billion a day. The Partnership, unprecedented in its scope and ambition, has generated great expectations which will be hard to meet in reality. It could however have a beneficial effect on trade multilateralism, provided that it is the result of an open negotiating process.

Low key but not low impact: the results of the EU's 'transition' summit. EPC Post-Summit Analysis, 27 October 2014

The European Council Summit of 23-24 October 2014 may have been relatively low key, but many important decisions were made which could encourage historical changes. In this post-summit analysis, Janis A. Emmanouilidis examines the agreement reached on a new climate and energy policy framework for 2020-2030 which despite falling short of the European Commission’s original proposals, it nevertheless delivers a positive message to international community ahead of the global climate negotiations next year. He also highlights the significance of the request from euro-zone leaders for a new report on ‘better economic governance’ by December. More broadly, he uses this moment of transition in the EU’s leadership to analyse the current state and future direction of the Union, and underlines the need to provide a coherent and holistic response to the damage caused by the crisis and the challenges facing the Union, on the basis of an ambitious but pragmatic ‘package deal’ – a new pact between EU governments, and between the Union and its citizens – to heal the divisions of recent years and restore public faith in the benefits of EU membership.

Europe’s Dog in the Nighttime. CEPS Commentary, 12 November 2014

Two recent instances of flagrant infringement of agreed EU rules – the submission by Italy and France of budget plans for 2015 that clearly violated their governments’ vows of continued austerity under the Stability and Growth Pact and David Cameron’s petulant refusal to pay a back payment of billions of euros to the EU budget – threaten the EU’s fundamental workings, which are based on a clear rulebook enforced vigorously by a strong Commission. As warned by Daniel Gros in his latest CEPS Commentary, Juncker’s Commission risks losing its authority from the start if rules can be bent or broken to accommodate the larger member states’ domestic political priorities. He also calls upon leaders in member states to play their part as well. Pandering to populists may be attractive in terms of short-term electoral gains, but the long-term cost in terms of credibility, both their own and that of the EU, will be very high.

Slovakia: the Eurogroup’s enfant terrible. OSW Commentary No. 63, 2011-10-14

When Slovakia’s parliament rejected the European Financial Stability Facility (EFSF) reform on 11 October it undermined Slovakia’s reputation as a credible partner within the EU. Moreover, Prime Minister Iveta Radicova combined the vote on the strengthening of the EFSF – a key anti-crisis mechanism in the Eurozone – with a vote of confidence for her cabinet. This eventually led to the collapse of the government. Before Slovakia’s decision, the strengthening of the EFSF had been endorsed by the national parliaments of all the eurozone countries. Slovakia, which had opted to be the last one to carry out the ratification procedure, adopted the EFSF reform only in a re-vote on 13 October, due to the support of the opposition left-wing party. However, problems with ratification have cast a shadow over the achievements of Slovakia which as one of the freshest members of the eurozone had been actively seeking to influence the creation of EU mechanisms for dealing with the debt crisis. For the past eighteen months the Slovak government, formed by conservative and liberal parties, has consistently called for the controlled bankruptcy of Greece, a tightening of the rules of the Stability and Growth Pact, and for the private sector’s participation in financing the rescue packages for indebted states. It was in part down to Slovakia that these proposals, previously regarded as extreme, were introduced into the mainstream EU debate. The constructive position presented by Slovakia’s diplomacy in recent months has brought Bratislava tangible results, such as the reduction of its contribution to the permanent anti-crisis fund, the European Stabilisation Mechanism (ESM). Thus Slovakia, which adopted the single currency on 1 January 2009, has become an informal spokesman for the new, poorer members of the eurozone.

The future of the Franco-German tandem. OSW Commentary No. 83, 2012-07-11

Following the victories of François Hollande in the presidential election and the Socialist Party in the parliamentary election, the existing model of relations between Germany and France as symbolised by the Merkel-Sarkozy duo is undergoing a transformation. Along with the defeat for Sarkozy, who had fostered close cooperation with the German Chancellor, we are witnessing a change in the German-French modus operandi, which was based on making confidential agreements concerning the anti-crisis measures in the eurozone and then presenting ready-made solutions to other EU members (as in the case of the successive versions of the document currently known as the fiscal pact). However, a conflict in bilateral relations, which would mean a total breakdown of the Franco-German engine, is rather unlikely. In fact, François Hollande’s proposals have diminished the appearance of the two states’ exceptional compatibility, and have restored the specific relationship affected by the natural rivalry between two states, who because of their economies’ different orientation have divergent interests. Nevertheless, both sides are destined to reach a compromise, as neither can attain its goals in the face of the other’s opposition. In the long term, Hollande is likely to maintain a common front with Germany in fighting the crisis, while at the same time trying (with his allies from the south of the EU) to limit Berlin’s political and economic superiority.

Preventing another Euro Area Crisis: EU Economic Governance ‘Six Pack’ – a case of too little, too late? Paper from the Colloquium: The Politics and Economics of the Euro Crisis, Institute for European Studies, University of Malta, 2 December 2011

Summary: The ‘Six Pack’ forms part of the economic governance reforms which are being implemented in order to prevent a repeat of the current sovereign debt crisis in the Euro Area. This legislative package involves strengthening the Stability and Growth Pact, with stronger financial sanctions and more focus on debt; a new directive on national budgetary frameworks and a new framework to monitor and correct macroeconomic imbalances. Furthermore, the implementation of the ‘Six Pack’ also involves procedural reforms, in particular reverse majority voting, as well as more oversight by the European Parliament. Inter-institutional negotiations on the ‘Six Pack’ took over a year. In the meantime, the sovereign debt crisis had deepened and broadened, implying that the ‘Six Pack’ may have come ‘too late’. The ‘Six Pack’ has also proved to be ‘too little’ to address the crisis and by the time it entered into force, further measures and proposals to strengthen economic governance had to be made. Nevertheless, the ‘Six Pack’ comprises some positive developments. In particular, recognising that fiscal policy is a matter of national sovereignty, it sets a new approach which relies on institutional reforms at national level. As such, it constitutes a first, small step to improve economic governance in the Euro Area.

Growth for Europe – Is the Juncker Plan the answer? EPC Discussion Paper, 20 March 2015

Executive Summary. The euro area is still suffering from low growth and high unemployment. For the recovery to become a reality, there needs to be a balance between fiscal discipline, supply side improvements and actions aimed at stimulating demand and growth. Increasing investment, both private and public, are important components in overcoming the recession. This becomes especially clear when comparing investment dynamics during the crisis with pre-crisis levels. Total investment is still much lower than before the crisis and public investment is well below its pre-crisis peak as well. In late November 2014, European Commission President Jean-Claude Juncker submitted a long-awaited proposal for a European Investment Plan that aims to stimulate private investment. Apart from the creation of the new European Fund for Strategic Investment (EFSI), through which private investors will receive public guarantees, the investment plan also aims to provide project assistance and improve the Single Market by removing sector-specific or other financial barriers to investment. While generally perceived as a first positive step towards increasing private investment, some commentators have expressed reservations about the plan. These include, among others, the lack of fresh money for the initial contributions to EFSI. Since a substantial amount of these contributions is reshuffled from other places in the European budget, the question was raised whether EFSI can fund additional projects or just replicates investment projects that would have happened without the plan. Other criticism relates to the high estimate of the expected leverage ratio of 1:15, and to the risk that the plan will only have a limited impact on stressed economies. The Juncker Plan addresses private investment, but so far there really is no clear strategy to stimulate productive public investment on the European and national level. Countries with fiscal space are reluctant to engage in higher spending, while those willing and in need of it the most are restricted by the rules. Member States and the Commission should therefore discuss options for further improving the euro area's economic governance. In addition to urging countries with fiscal space to increase investing in national public goods, investment could be treated with budget flexibility. One could, for instance, upgrade the importance of public investment in the European Semester. Additional deficit granted for public investment purposes could be attached to certain Country-Specific Recommendations. Another solution would be to allow some form of budget flexibility, such as the formulation of a new Golden Rule for productive public investment becoming part of the Stability and Growth Pact's application. Besides relying on a larger amount of flexibility in the rules, the Financial Transaction Tax (FTT) could be another solution to fund investment in European public goods. It will also be necessary to overcome the mistrust among Member States that is preventing further action. The political bargain of stronger conditionality, such as through contractual arrangements, could improve the situation. Increased trust will also be an important condition for tackling long-reaching economic governance reforms such as the creation of a Fiscal Capacity, which could take the form of a macroeconomic shock insurance. Such a Fiscal Capacity could make a real difference in providing the necessary funding to maintain productive public investment, even in times of deep recessions. The proposals presented do not attempt to be conclusive, but shall rather be an input for a wider debate on how to increase growth and employment in Europe. The paper draws heavily on the discussion of a Workshop on Growth and Investment, which the European Policy Centre (EPC) hosted on 10 December 2014 under Chatham-House Rule, with a group of economists and representatives from the European institutions.