Direito 1º Semestre 2020
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Direito autoral ou direito de autor é um conjunto de prerrogativas conferidas por lei à pessoa física ou jurídica criadora da obra intelectual, para que ela possa usufruir de quaisquer benefícios morais e patrimoniais resultantes da exploração de suas criações. É derivado dos direitos individuais e situa-se como um elemento híbrido, especial e autônomo dentro do direito civil.
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Item 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 BuenoSOCIAL 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.Item Parecer Jurídico(Fundação de Ensino Octávio Bastos, 2020-06-30) CALSONI, Ana Flávia Oliveira; PAIÃO, Isabela Rosa; MALAFATTI, Isadora Rosa; TEODORO, Letícia Anacleto; CABRAL, Ildelisa; SILVA, Rosana Ribeiro da; ZAPPIA, Juliano Vieira; SANSEVERINO, Cyro Gilberto Nogueira; BORSARI, Juliana Marques; CAMBAÚVA, Rafael BragagnoleIt is Antônio Machado, owner of Jornal Tribuna, who presented to Machadinho, his son (owner of the parking lot where Luana bought the car), an opinion made by Dr. Cerquilho, an experienced lawyer. Machadinho was thoughtful and afraid of what would happen to him and the parking lot, because, in the opinion his father presented, he said that the parking lot would have to indemnify Cecília, due to the accident she suffered. Luana's car did not open the airbag, worthy of the wire Machadinho had released to turn off the light on the dashboard, which was not informed at the time of sale. The accident occurred right after Luana bought the car in the parking lot (from Machadinho and his partner Elias).Item Parecer Jurídico(Fundação de Ensino Octávio Bastos, 2020-06-30) RODRIGUES, Jhessica Cruz; CARVIÇAIS, Maria Eduarda Rodrigues; LIMA, Maria Eduarda Sabino de; SILVA, Rosana Ribeiro da; ZAPPIA, Juliano Vieira; SANSEVERINO, Cyro Gilberto Nogueira; BORSARI, Juliana Marques; CAMBAÚVA, Rafael Bragagnole; CABRAL, IldelisaThis is a query made by LUANA, Brazilian, seller, single, bearer of RG No. xx.xxx.xxx-x, registered with the CPF under No. xxx.xxx.xxx-xx, resident and domiciled at Rua Prudente de Moraes, n° xx, Bairro São Paulo, Pouso Alegre, Minas Gerais and presenting the following questions: 1. Criminal Law. Is there a thesis for Luana's defense to rule out the attribution of wrongful bodily harm?; 2. Civil Procedural Law. If you file an action against the Tribuna in the Judiciary for issues related to the signature contract, which contains an arbitration clause, what could happen?; 3. Consumer Law. Was the way in which the newspaper made the collection correct, publishing the debtor's name in its classifieds?; 4. Civil Law. Dr. Kawasaki could it even have delegated the surgery to resident physicians?; 5.Constitutional Law. Does Brazilian law allow for euthanasia to be performed on Cecília, as suggested by Dona Toninha?Item 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 BuenoRequest 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.Item Parecer Jurídico(Fundação de Ensino Octávio Bastos, 2020-06-30) MESSIAS, Jadson; MARIANO, José Claudio Geremias; TRENTIN, Julia Leal; CABRAL, Ildelisa; SILVA, Rosana Ribeiro da; ZAPPIA, Juliano Vieira; SANSEVERINO, Cyro Gilberto Nogueira; BORSARI, Juliana Marques; CAMBAÚVA, Rafael BragagnoleThis is a consultation formulated by Luana regarding the possibility of ruling out the imputation of the crime of intentional bodily injuries imputed to her person; the possibility of filing a lawsuit against Jornal Tribuna in the Judiciary, even if expressed in the arbitration clause contract; how the newspaper collected the defaulter; delegating the surgery to other doctors; permission, in Brazil, to carry out euthanasia.Item 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 CardozoThis 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.Item Parecer Jurídico(Fundação de Ensino Octávio Bastos, 2020-06-30) CAMPOS, Larissa de Carvalho; INÁCIO, Noemi de Carvalho; GIÃO, Sara Izabela Pereira; SILVA, William Cardozo; SILVA, Rosana Ribeiro da; LIMA, Daniele Arcolini C. de; MACHADO, Renato Nery; BERALDO, Carlos Henrique Rossi; CAMBAÚVA, Rafael BragagnoleThis is a consultation made by Sandro, general operator of the company TRAE Investimento eoperações LTDA, and Cléber, senior executive of the same company. After what happened due to the irregular provision of services to the companies PETRA and STEIN, TRAE had to deal with some losses.Item 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 BragagnoleThe 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.Item 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 BuenoThis 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.Item 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 BuenoThis 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.Item Parecer Jurídico(Fundação de Ensino Octávio Bastos, 2020-06-30) EUGENIO JUNIOR, Carlos Henrique; RIBEIRO, Eloisa Albieri de Souza; FACCO, Lucilia Pires Ribeiro; MOREIRA, Camila; SILVA, Rosana Ribeiro da; ZAPPIA, Juliano Vieira; FARIA, Luiz Francisco Soeiro de; PALOMO, João Fernando Alves; CAMBAÚVA, Rafael BragagnoleThis is a consultation made by Ms. Verônica, about the questions generated from the developments dealt with.Item 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 BuenoThis 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.Item 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 BuenoThis is a consultation prepared by Ms. Isabel, reporting that she worked informally in a couple's house, in exchange for housing and food.Item 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 BuenoConsultation 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.Item 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 BuenoThis 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.Item Parecer Jurídico(Fundação de Ensino Octávio Bastos, 2020-06-30) SILVA, Dayana Muniz Bertones da; CARIS, Josiane; FONSECA, Sara Faria; MOREIRA, Camila; SILVA, Rosana Ribeiro da; ZAPPIA, Juliano Vieira; FARIA, Luiz Francisco Soeiro de; PALOMO, João Fernando Alves; CAMBAÚVA, Rafael BragagnoleAfter the incident that culminated in the murder of Matheus, a crime that shocked the small town of Santana dos Montes, Ricardo was arrested again. Veronica, visibly shaken by the death of her son, prepared the wake, which was attended by several members of politics, supporters and supporters of Jairo, her husband. Jairo would start the campaign in a few days as a candidate for Federal Deputy, whose elections were approaching, and from which, with the good popularity he had been building, he had great chances of coming out victorious.Item Parecer Jurídico(Fundação de Ensino Octávio Bastos, 2020-06-30) COSTA, Ana Laura Avila; QUILEZ, Lavinia Ferreira; NICOLA, Priscila da Silva; SILVA, William Cardozo; SILVA, Rosana Ribeiro da; LIMA, Daniele Arcolini C. de; MACHADO, Renato Nery; BERALDO, Carlos Henrique Rossi; CAMBAÚVA, Rafael BragagnoleThis is a consultation made by Ana Laura Àvila, Lavinia Quilez and Priscilla Nicola, about the various problems that affect Sandro and Cléber, both employees of the company TRAE-INVESTIMENTOS E OPERAÇÕES – Back stage of the issues. Aiming at a better understanding of the theme, we will start a brief presentation of the events that afflict the consultants, separated by their material theme.Item Parecer Jurídico(Fundação de Ensino Octávio Bastos, 2020-06-30) OLIVA, Ana Silvia; MISAEL, Milena da Silveira; SILVA, Rodrigo Fernandes da; SILVA, William Cardozo; SILVA, Rosana Ribeiro da; LIMA, Daniele Arcolini C. de; MACHADO, Renato Nery; BERALDO, Carlos Henrique Rossi; CAMBAÚVA, Rafael BragagnoleThis is a query formulated by Sandro Ribeiro and Cléber Antunes, general operator and senior executive of the company TRAE, respectively.Item 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 BuenoThis 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.Item Parecer Jurídico(Fundação de Ensino Octávio Bastos, 2020-06-30) MARCILI, José Airton Mendes; BRAGA, Murilo Rosa; FREITAS, Rafael Junio Cantarelli de; SILVA, William Cardozo; SILVA, Rosana Ribeiro da; LIMA, Daniele Arcolini C. de; MACHADO, Renato Nery; BERALDO, Carlos Henrique Rossi; CAMBAÚVA, Rafael BragagnoleThis is a consultation made by the company TRAE INVESTIMENTOS E OPERAÇÕES LTDA, represented by the general operator Sandro Ribeiro and Cléber Antunes, responsible for analyzing contracts. Due to some factors after having committed some criminal, civil and labor infractions.