Banca de DEFESA: URBANIR SANTANA RODRIGUES

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : URBANIR SANTANA RODRIGUES
DATE: 21/08/2023
TIME: 14:00
LOCAL: Metapresencial através do link: https://meet.google.com/rqy-ezyf-kvt
TITLE:

Judicialization of labor relations in Brazilian nursing

KEY WORDS:

Court Decisions; Labor Legislation; Precariousness of Work; Worker's health; Nursing.

PAGES: 126
BIG AREA: Ciências Humanas
AREA: Educação
SUMMARY:

Objective: to analyze the judicialization of labor relations in the field of nursing in Brazil, from 2014 to 2022. The specific objectives were: to analyze the consequences of the flexible accumulation model and the social function of the State, with emphasis on labor law and in the nursing work process; to characterize the profile of labor lawsuits filed by field workers in nursing in Brazil from 2014 to 2022; to analyze labor demands related to Burnout Syndrome (BS) filed by field workers in nursing in Brazil from 2014 to 2022. Methods: a quantitative and descriptive approach was used, with a documental and jurimetric nature. To support the analysis, theoretical constructs from Marx's category of "production relations" were used, as well as the theoretical perspectives of authors with a Marxist orientation. The geographic scope was the labor court and the temporal scope was retrospective, with the cut from 2014. To collect the data, the data scraping technique (webscraping) and the Data Lawyer Insights software were used. Results: 200,127 lawsuits were identified, totaling BRL 13.96 billion in claims, with an average value of BRL 70,245. With regard to procedural phases, there are 75,326 processes in the Acknowledgment phase, 32,136 in the Settlement phase and 11,493 in the Execution phase. The states of Rio de Janeiro, Bahia and Minas Gerais had the highest number of labor lawsuits. Between 2014 and 2017, there was an upward trend in the distribution of labor lawsuits, from 11,025 to 31,672 cases. From 2018, there was a decline in the volume of complaints. The average duration of the process was 618 days. In the period from 2014 to 2017, there was an increase in the volume of agreements and an increase in defaults, while from 2018 these numbers reduced. We identified 407 cases that mentioned the Burnout Syndrome in the requests presented in the initial petition. In the ranking of cumulation of requests related to BS, occupational disease was the most mentioned in the processes, followed by termination, additional hours and moral harassment. There was a concentration of lawsuits in the states of São Paulo and Rio Grande do Sul, which together totaled 107 lawsuits (46.7%). The data from this survey indicate that the majority of requests were judged partially valid and resolved in the First Instance. Conclusion: Changes in labor legislation were implemented with the aim of legitimizing business practices previously considered illegal, in line with neoliberalism. However, judicial decisions based on constitutional principles have the potential to reaffirm fundamental rights and contribute to the realization of labor rights. Despite the low number of claims related to BS in the Labor Court, studies indicate a high prevalence of this syndrome among categories in the field of nursing. The need for an interdisciplinary approach is indicated to find solutions that can mitigate the damage suffered by workers, going beyond the work environment, since these problems also affect the social environment in which they are inserted as citizens.

COMMITTEE MEMBERS:
Externo à Instituição - DIRLEY DA CUNHA JÚNIOR - UFBA
Externa à Instituição - ELOÁ CARNEIRO CARVALHO - UFRJ
Presidente - 1716530 - HERBERT TOLEDO MARTINS
Externa à Instituição - PALOMA DE SOUZA PINHO FREITAS - UFRB
Interno - 1556362 - ROBERTO MUHAJIR RAHNEMAY RABBANI
Externa à Instituição - TATIANE ARAÚJO DOS SANTOS - UFBA