Detalhes bibliográficos
| Ano de defesa: |
2013 |
| Autor(a) principal: |
Sparapani, Priscilia
 |
| Orientador(a): |
Rocha, Silvio Luís Ferreira da |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
BR
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/6120
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Resumo: |
This thesis objective is to present the study of the principle of sealing the social regression and its application to the legal framework of public officeholders effective, and understand the changes imposed on the server s rights and guarantees as a result of a series of constitutional amendments enacted that fundamentally altered their rights and guarantees. With this in mind, there will be a subject examination, a presentation will be built, based on the various ways that the state entity has taken over its evolutionary process. It is noteworthy that such exposure involves not only legal aspects, but social, political and economic with the same relevance; that bias is part of the larger context of historical models of rule of law and the construction of Administrative Law that accompanies evolution of the state to get to the current stage of the Brazilian neo-contemporary social and Administrative Law on land homelands. After passes to the examination of the social backlash as sealing principle of the rule of law: first in foreign law, analyzing the doctrinal and jurisprudential thought about it, then their presence the national laws, so implicit in the Federal Constitution 1988, including analysis of trial of Brazilian High Courts of Justice on the matter. Finally, we analyze the application of the rule of no social backlash to the legal regime of public officeholders effective. Alluded analysis is done, first, by exposing all of the changes in relation to ensuring the stability of the remuneration system and the pension system for civil servants. Then the critical examination of the subject is done by dividing the subject into five main points: the role of the Supreme Court to control the rights and guarantees of civil servants, the importance of immutable clauses in Democracy and Human Rights Protection and guarantees of public officeholders effective, the principle of sealing and protecting the social backlash that confers the rights and guarantees of civil servants, the legal occupant of the public servant position and effective social protection of vested rights, and also The sealing principle of the social backlash and legal equivalence. The academic study is justified by the importance of the issue, since the issue of sealing the social backlash is still new and quite controversial, especially on account of the divergence of doctrine as to the basis, content and scope of the principle, which reflects the small amount of judicial decisions involving the principle of sealing the social regression in the Superior Courts. As a research method was used in this study both the deductive method, as the inductive. Through the analysis, primarily of doctrinal works and in addition, jurisprudence, particularly the Supreme Court, were discussed the issues surrounding the subject. And before all the study, it is concluded that the changes in the legal regime of public servants not offend the principle of sealing the social backlash observe the equivalence legal and fair distribution of resources. And, in this step, the social backlash should not be conceived as a principle guaranteeing the highest level reached by the community rights of public servants occupying positions of effective provision |
