Browsing by Author "RAVENA, Paula Bueno"

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Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) COSTA, Julia Giovana Maldonado da; FLORIANO, Larissa Gabriele da Silva; RABELO, Marina de Carvalho; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
SOCIAL SECURITY LAW. Maternity Salary Grant. Rural employee insured. Pay responsibility assigned to the employer. Benefit due. ENVIRONMENTAL LAW. Environmental licensing. Environmental inspection. Common material competence. Local interest. INTERNATIONAL RIGHT. Private International Law. Connection International. “Lex Fori”. Foreign judgment. Homologation. Jurisdiction of the Superior Court of Justice. AGRARIAN LAW. Rural Land Tax. Urban Property. Agrarian Activities. Destination criteria. ADMINISTRATIVE LAW. Civil Liability of the State. Responsibility Objective. Administrative Risk Theory. Collective Public Transport. Isabel and Senhor José are a Venezuelan couple, who took refuge in Brazil in search of better living conditions. After receiving the opportunity to provide services in the dairy of rural producers, Guido and Guiomar, the family began to experience precarious work and subsistence situations. However, the refugees regularized their illegal stays in the country and acquired the appropriate documents, providing the opportunity to receive all necessary support from the Brazilian government. Indemnity Due. Possible Regressive Action.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) DIAS, César Gabriel Algusto Dias; SILVA, Genilda da Anunciação; MALAQUIAS, Israel Batista V.; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
Request for an opinion on conflicts related to environmental licensing, State civil liability, foreign judgment. In essence, this document is a request for a legal opinion so that Mrs. Isabel can have her doubts resolved.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) DELCARO, Nathaly Aguiar; BARROSO, Suelen Vanuza Carvalho; ALVES, Thalita Carolini Coutinho; MOREIRA, Camila; SILVEIRA, Rodrigo Luiz; MASSARI, Gustavo; RAVENA, Paula Bueno; CONSTÂNCIO, Ivan Luis; NICOLA, Fabricio Silva; CAMBAÚVA, Rafael Bragagnole; SILVA, William Cardozo
This is a consultation carried out with Mr. Adalto, to which the present Legal Opinion was issued, which will deal with the possibility of filing an appeal in the repossession action, in which the decision was made that rejected the request for free court. It will also deal with Adalto becoming the sole owner of the properties shared with Guilherme, even without acquiring the unit owner's share.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) VERONI, Daiane; SANTOS, Gabriel Oliveira dos; GOUVEIA, Igor Vasconcelos de; MOREIRA, Camila; SILVEIRA, Rodrigo Luiz; MASSARI, Gustavo; CONSTÂNCIO, Ivan Luis; NICOLA, Fabrício Silva; RAVENA, Paula Bueno; SILVA, Willian Cardozo; CAMBAÚVA, Rafael Bragagnole
The consultant inherited part of his father's property and seeks to take care of his inventory, but one of the properties is in litigation for a repossession action, and in the midst of this, the request for gratuity by the justice of Mr. Adalto was denied, and also requires the preventive detention of the alleged guilty of the death of his half sister. In addition, he was sued by his ex-employee, who reports that it was an injury, and she was fired in the fourth month since the birth of her son.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) OLIVEIRA, Brisa Franca de; FERREIRA, Eduarda; FELISBERTO, Luan dos Santos; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
This is a consultation formulated by Isabel, as she seeks clarification on the facts that occurred with her, in order to obtain answers about possible assistance that she would receive from the government of Brazil. The consultant informs that it all started when they left the small property owned by the couple Guido and Guiomar and tried to establish themselves in society. With the help of the Venezuelan consulate and Brazilian authorities, the foreign family's stay in Brazil was regularized. with visas valid in hand, they no longer needed to live as fugitives.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) CARDOSO, Bruna Fagundes; ALVES, Gabriela de Moura; BERALDO, Gabrielle Dalcin; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
This is a legal opinion formulated for the consultant Ms. Isabel, with the aim of clarifying her respective doubts about the facts and rights described below: After the numerous difficulties experienced by Ms. Isabel and her family, as they resided irregularly in the country, being an easy target for exploration, with the help of the consulate of their country of origin and the help of the authorities, they obtained the necessary visa for their stay in Brazil, as well as being sent to a shelter located in the city center of Saint Andrew. According to the consultant, the Venezuelan family, dissatisfied with the current conditions, occupied a small property in an old English village, in the urban area of the district of Paranapiacaba, which had apparently been abandoned by the original owners. The new house met the family's needs, as they could carry out agricultural activities. In turn, the consultant informs that she got a job in a vast property with varied agricultural production, among them the production of Cambuci. The owner was Marcelo, who pledged to pay a minimum wage, plus a basic food basket.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) FERNANDES, Anaelly Raissa Martins; BRANDI, Maria Luísa; OLIVEIRA, Rebecca Mara Mendonça Martins de; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
This is a consultation made by Isabel. She wants to know if she will be entitled to receive maternity pay; whether it will be able to charge the Public Power if the concessionaire is unable to pay the indemnity; if the decision of the Venezuelan Justice is valid in Brazil; whether they will have to pay the ITR - Rural Land Tax and whether Marcelo could have been assessed by agents of the Municipality of Santo André.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) MONTEIRO, Beatriz Inácio; SILVA, Matheus Renan da; SILVA, Paola de Fátima da; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
This is a consultation prepared by Ms. Isabel, reporting that she worked informally in a couple's house, in exchange for housing and food.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) ABREU, Julia de Andrade Sampaio; PANCIERI, Stela Pacheco; TAMASO, Carla Gabriela; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
Consultation made to Ms. Isabel regarding maternity pay, compensation for the accident she suffered in public transport, the validity of the Venezuelan food sentence in Brazil, as well as immunity from the ITR of her property, and environmental inspection in property on which it provides services.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) BARRIUNOVO, Ana Carla Pazotto; CARVALHO, Bianca Marina Ribeiro de; RIBEIRO, Maíra Betânia; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
This is a consultation made by Ms. Isabel, regarding doubts about the possibility of receiving maternity pay; whether it can charge the Public Power, the indemnity for the accident suffered; whether she will have to pay rural property tax on the property she resides in with her husband; if the judgment made in Venezuela, which involves the same, will be valid in Brazil and on the competence to carry out the environmental licensing of the farm in which it works.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) PASSONI, Jhonatas; ZANOTI, João Pedro Bortolotti; LIGABUE, Tiago Donizete; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
This is a research formulated by Isabel, a Venezuelan legally residing in Brazil in the city of Paranapiacaba, together with her husband and son, both legally in the country, she is approximately eight months pregnant, an employee duly registered as an employee on Mr. Marcelo's farm, working in the harvest of a typical Atlantic Forest fruit called Cambuci, which was planted by the owner, thus receiving the amount of 01 (one) minimum wage per month in addition to a basic food basket. The rural property was located in the municipality of Paranapiacaba. The consultant questions facts about a possible receipt of maternity allowance due to her pregnancy that is approaching childbirth, thus, she will no longer be able to perform her tasks normally, followed by a probable indemnity against the local public transport company for the accident occurred while she was returning from the INSS when the vehicle she was in was involved in an accident on the way back to the house, leaving her with fractures in the left arm at the wrist, which can be proven through clinical laboratory tests performed by the clinic Viver-Bem, located in the city of Paranapiacaba, making it impossible for her to carry out her work tasks.
Parecer Jurídico
(UNIFEOB, 2020-06-30) BENEDITO, Gabriel Augusto Zanfolim; SANTOS, Jhenifer de Barros Alves dos; PRUDENCIATTO, Renato; MOREIRA, Camila; SILVEIRA, Rodrigo Luiz; MASSARI, Gustavo; CONSTÂNCIO, Ivan Luis; NICOLA, Fabrício Silva; RAVENA, Paula Bueno; SILVA, Willian Cardozo
This is a consultation made by Reinaldo Souza's family, regarding the situations described. Consultants Reinaldo and Silmara, both domiciled in the city of Paraty, along with their three children, lived in a property belonging to one of the most influential families in that region, whose owner was Gumercindo Guedes. The same gave the good for mere tolerance so that the family could occupy - it for as long as needed. Thus, they stayed in this property for a period of approximately fourteen years, ending when the owner of the property died, and his heiress, Joana Guedes, ordered the family to vacate the property, offering a week for such an act to be fulfilled, to who could sell it. Reinaldo, who is a fisherman getting his son's help to sell fish, and Silmara, who works as a lunch cook at a school in the region, due to her low income and the impossibility of finding another place to live, offer resistance. Therefore, two weeks after the event, the city's bailiff summons both of them for a repossession action filed by the owner of the property, with a deferred injunction for them to leave the property within a period of ninety days .
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) SIGNORINI, Affonso Nery de Felippe; GARCIA JUNIOR, Wolney Domingues; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
This is a consultation formulated by Isabel on the possibility of her being entitled to a maternity allowance, since she has evidence of having worked in rural activity for a period of less than 12 months, becoming pregnant after starting that work, however , with no payment of your social contribution in the INSS online system. Isabel also questions about the possibility of receiving compensation from the Public Power for an accident that occurred on the circular, which made it impossible for her to perform her job, a company that provided the municipality with public transport services, and which, according to reports, was experiencing difficulties financial and would not have the means to indemnify it.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) SOARES, Andre Luiz; FERREIRA, Orlando Carpinedo; BENEDETTI, Reinaldo Rehder; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
This is a consultation made by Isabel, a Venezuelan residing in Brazil with her husband and son. She says that the family was taken in by the Venezuelan consulate in the country and by the Brazilian authorities, and that their situation was regularized in Brazil, with the issuance of visas and being able to stay in the country.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) DIAS, Ingrid de Oliveira; SILVA, Jéssica Letícia Machado Rocha da; RIBEIRO, Maria Leontina da Silva; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
This is a legal consultation carried out by Isabel, in which the following is reported. The applicant Isabel, a Venezuelan, married to José and Pedro's mother, after living with her family, due to her low levels of education, the language barrier and the lack of knowledge about issues related to citizenship in Brazil, did that they were targets for abuse by opportunists, as an example of the small dairy in which Mrs. Isabel, her spouse and child work and reside.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) SILVA, Ana Luisa Buzon; TOTENI, Bruna de Fátima; SANTANA, Giovana Oliveira; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
This is a query formulated by Isabel, based on the events arising from the right to receive maternity pay, due to her employment in harvesting Cambuci's production, registered on Marcelo's property. As well as the traffic accident suffered by it while using public transport, in which the concessionaire claims it is not able to pay compensation for the damage caused.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) PESTELLI, Bianca Helena; BAPTISTELA, Paloma de Almeida; BENTO, Tayna dos Santos; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
This is a consultation made by Isabel, a Venezuelan residing in Brazil, where she questions her rights, whether she can receive the maternity allowance, whether, if the concessionaire is unable to pay the compensation, she can charge the Public Power, if the decision of Venezuelan Justice is valid in Brazil, if she and her husband will have to pay the Urban Land Tax and if her boss Marcelo could have been fined by agents of the Municipality of Santo André, and the licensing of her activities was carried out by a State agency from Sao Paulo.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) ALVES, Amanda Thiago; ALMEIDA, Ana Flávia Mendes de; CARVALHO, Débora Ferraz; SANTOS, Michelly Paula dos; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C.de; RAVENA, Paula Bueno
Directed consultation in the area of Agrarian and Agribusiness Law, Environmental Law, Administrative Law, Social Security Law and International Law. In view of everything that happened, the days for foreigners continued to be very difficult, they needed some time to assimilate the idea of having almost been enslaved and all the suffering they had since arriving in Brazil, the lack of education, and especially the lack of knowledge about their rights, made them easy targets for opportunistic people.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) MAGNOLI, Bárbara Fernandes; RABELATO, Lara Girotto; CHUQUE, Nathália Helena Krauze da Silva; CAMBAÚVA, Rafael Bragagnole; BORSARI, Juliana Marques; SILVA, William Cardozo; LIMA, Daniele Arcolini C. de; RAVENA, Paula Bueno
This is a consultation formulated by Isabel Maria Cuervo, married to José Ricardo Cuervo, Venezuelans who were welcomed by their country's consulate and local authorities, regularizing their stay in Brazil.
Parecer Jurídico
(Fundação de Ensino Octávio Bastos, 2020-06-30) GARCIA, Eloisa Gabrielli Cardoso; DIAS, Marcela Fernandes Roque; SANTANA, Miguel Douglas; MOREIR, Camila; SILVEIRA, Rodrigo Luiz; MASSARI, Gustavo; CONSTÂNCIO, Ivan Luis; NICOLA, Fabrício Silva; RAVENA, Paula Bueno; SILVA, Willian Cardozo; CAMBAÚVA, Rafael Bragagnole
This is a consultation made by Mr, Adalto Gomes about the appropriateness of an appeal against a decision that rejected the free court of law; the labor lawsuit filed by her former employee; on the right of joint owner and the preventive detention of João Souza.