scholarly journals A REFORMA TRABALHISTA E OS REFLEXOS DO FIM DA CONTRIBUIÇÃO SINDICAL COMPULSÓRIA NOS SINDICATOS

Percurso ◽  
2019 ◽  
Vol 2 (29) ◽  
pp. 134
Author(s):  
Debora Cristina de Castro da ROCHA ◽  
Edilson Santos da ROCHA

RESUMO Pretende-se com esta pesquisa, uma discussão acerca do impacto da Lei 13.467/2017 ao sindicalismo, no que tange a proibição do desconto ou cobrança sem a prévia e expressa anuência do trabalhador e a voluntariedade da sua ocorrência. Assim, a partir de uma contextualização histórica, busca-se na essência da criação da contribuição sindical, uma maior compreensão dos efeitos da reforma acerca do tema, tendo em vista esta ter tornado facultativa a contribuição, e se especificamente, aos trabalhadores, tal facultatividade poderá contribuir para a liberdade sindical no Brasil, e por outro lado, se esteja diante de um problema de financiamento dos sindicatos profissionais, e por consequência, da própria defesa dos respectivos trabalhadores. Buscar-se-á ainda, discorrer acerca da não recepção da Convenção n. 87 de 1948 pela Constituição de 1988, que dispõe acerca da liberdade sindical. E se a alteração promovida pela Reforma Trabalhista poderá proporcionar maior aproximação dos sindicatos com os trabalhadores, influenciando a anuência com o desconto da contribuição sindical. PALAVRAS-CHAVE: Lei 13.467/2017; Sindicalismo; Contribuição Sindical; Reforma Trabalhista; Liberdade Sindical. ABSTRACT This discussion seeks to discuss the impact of Law 13467/2017 on trade unionism, regarding the prohibition of deduction or collection without the prior and express consent of the worker and the voluntariness of its occurrence. Thus, from a historical context, the essence of the creation of the union contribution is sought, a greater understanding of the effects of the reform on the subject, in order to make the contribution optional, and if specifically to the workers, this faculty can contribute to freedom of association in Brazil, and, on the other hand, there is a problem of financing trade unions and, consequently, the defense of the workers themselves. It will also be sought to find out whether the union uniqueness imposed by the 1988 Constitution could harm Convention No. 87 of 1948 which deals with freedom of association. And if the amendment promoted by the Labor Reform can bring the unions closer to the workers, influencing the agreement with the discount of the union contribution.KEYWORDS: Law 13467/2017; Trade Unionism; Union Contribution; Labor Reform; Freedom Of Association. 

Author(s):  
Anna Maria Barańska

The subject of this article is the resolution of the enlarged composition of the Supreme Court of June 5, 2018, which resolves the issue of acquiring by land easement with the content corresponding to transmission easement together with the acquisition by a state-owned company of transmission facilities developed on State Treasury properties. As a result of granting property rights to state-owned companies of state property in the early 1990s, the ownership of the transmission infrastructure and the property on which they were situated were separated.In the judicature, divergent concepts emerged regarding the solution of the issue of  further use of this land by transmission companies. According to the first one, the transfer of property rights was accompanied by the creation by law of a land easement with the content corresponding to a transmission easement. On the other hand, according to the second concept, obtaining a legal title for further use of the property was possible only through contractual acquisition or prescription of transmission easement. Powstanie z mocy prawa służebności gruntowej o treści odpowiadającej służebności przesyłu w świetle uchwały Sądu Najwyższego z dnia 5 czerwca 2018 roku, sygn. akt III CZP 50/17 Tematem artykułu jest uchwała powiększonego składu Sądu Najwyższego z dnia 5 czerwca 2018 roku, która rozstrzyga kwestię nabycia z mocy prawa służebności gruntowej o treści odpowiadającej służebności przesyłu wraz z nabyciem przez przedsiębiorstwo państwowe własności urządzeń przesyłowych posadowionych na nieruchomościach Skarbu Państwa. W wyniku uwłaszczenia mienia państwowego na początku lat dziewięćdziesiątych ubiegłego wieku doszło do rozdzielenia własności infrastruktury przesyłowej oraz nieruchomości, na której były one posadowione. W judykaturze pojawiły się rozbieżne koncepcje odnośnie do rozwiązania kwestii dalszego korzystania przez przedsiębiorstwa przesyłowe z tych gruntów. Zgodnie z pierwszą z nich przeniesieniu prawa własności towarzyszyło powstanie z mocy prawa służebności gruntowej o treści odpowiadającej służebności przesyłu. Na podstawie drugiej — uzyskanie tytułu prawnego do dalszego korzystania z nieruchomości było możliwe wyłącznie w drodze umownego nabycia albo zasiedzenia służebności przesyłu.


1885 ◽  
Vol 6 ◽  
pp. 153-166
Author(s):  
Lewis Campbell

It is the part of sound criticism to beware of rashly assuming tendencies of any kind in dramatic poetry. The imaginative act of realising situation and character requires no end beyond itself. The faculty is satisfied with its own mere exercise; which may be as widely varied as the fables on which it works, or as human experience itself. If in single dramatists we find certain limitations, or an apparent preference for a particular class of subjects, we must not rush to hasty conclusions, but should distinguish as far as possible between accidental and essential differences, the former depending on the subject-matter which either chance or popularity threw in the artist's way, as jealousy for example in the Spanish drama, the latter resulting from the colour of his own thoughts, and his individual attitude (as an artist) towards the universe and towards mankind.The power of Aeschylus as a mere dramatist is so great, that the neglect of such precautions is, if possible, more than usually disastrous to the study of him; while on the other hand, they are more than ever necessary in his case, because certain important tendencies, both of the man and of the age, are so apparent in him. In attempting, therefore, to characterise some of these underlying motives, it is necessary to warn the reader at the outset against expecting anything like a complete description or survey. Such motives are very far from accounting for that complex phenomenon, the Aeschylean drama. At most they do but constitute one of several factors that have worked together with the supreme dramatic instinct in the creation of it. Nor shall we be tempted by any theory into the error of supposing that the same motives are to be traced everywhere. Variety is the chief note of the highest invention, and though few chords remain to us of the Aeschylean lyre, they are suggestive of a widely ranging plectrum.—Readers of the Eumenides or of the Prometheus, however, cannot help surmising an intention of the poet standing behind his creation.


2021 ◽  
pp. 129-147
Author(s):  
K. Ya. Seagal

The subject of analysis is addition as a phenomenon of language and speech, as well as the specificity of the text-forming function of addition in artistic and speech creativity. The relevance of the study lies in the fact that until now in the theory of syntax there is no generally accepted view of the essence of addition and how it is produced in speech, and it is also not considered that the text-forming function of addition is unique in different speech spheres, in particular in artistic speech creativity. The novelty of the research lies in the fact that addition is presented as a special syntactic form, characterized by its semantics and formally constructive organization and determining the assumptions and limitations of its speech implementation. The dual manifestation of the text-forming function of attachment in artistic and speech creativity is shown. The research material is based on the late stories of V. G. Lidin, included in the collection “Melting Snows” (1980): this writer, whose metapoetics is characterized by close attention to syntax, used addition with extraordinary skill.  When analyzing addition constructions in three stories, it was found that the addition is produced intentionally, counting on a textual perspective. It has been established that the text-forming function of addition is manifested in the organization of compositional-semantic communication on the one hand, and in the creation of an artistic detail on the other hand.


2021 ◽  
pp. 43-66
Author(s):  
Ewa Gorlewska ◽  

The subject of the paper is valuation statements present in videoblog discourse. The material is based on audiovisual recordings broadcast on the “Stanowo” channel. The aim of the analysis is to explore the way in which judgements are expressed that relate crime seen as a sensitive aspect of social life. It has been shown that the author rarely uses messages marked axiologically in her material. Her priority is to present facts accurately rather than to make judgements. Statements involving valuation of facts do appear in her statements, especially in those in which the author manifests her emotional involvement in the story. This leads to a conclusion that there is a close relationship between expressiveness and valuing, as revealed in the material studied. Irony, contrasting and comparisons are the most common linguistic tool used by the author to express value judgements. The use on names is a metaphorical sense also plays an important role. Three pillars of the stories presented are assessed: the event itself and its circumstances, the victim and the perpetrator. It has been shown that valuation of the facts discussed has two objectives: the presentation of personal positions, which facilitates the creation of a kind of sender-receiver relationship, and the release of tension generated by the absorption of information about violent events. In the conclusion it has been stated that the way reality is valued by a popular video blogger may cause her axiological perspective to be adopted especially by young, morally unformed viewers. Therefore, it should be regarded as positive that the author does not deviate from generally accepted patterns of assessing the behaviour of victims and perpetrators. On the other hand, the style of the presented valuation statements can be assessed negatively – the author uses colloquial style, however, this form of language is out of keeping with the solemnity of the events under discussion.


AGROFOR ◽  
2019 ◽  
Vol 4 (1) ◽  
Author(s):  
Zornitsa STOYANOVA ◽  
Hristina HARIZANOVA

The impact of agriculture on surface and groundwater is determined as negative.On the other hand, agriculture is negatively influenced by wastewater and pollutedgroundwater. The aim of the paper is to identify, analyze and assess the impacts ofagriculture on water pollution and agriculture as a pollutant. The object of thesurvey is agriculture, and the subject of research is 1) the impact of water pollutionon the agrarian sector and 2) the effects of agrarian activities on water pollution.The methodological framework of the paper includes: 1) literature review ofimpact of the water resources on agriculture and agriculture as a contributor to thewater pollution; 2) analysis of impact of agriculture on water pollution based onstatistical information and own survey; 3) conclusions and recommendations formitigation of water pollution. The used method in the paper is survey methodamong agrarian, environmental and agroecological experts.


Author(s):  
Umsalimat Bagautdinovna Abdullabekova

The subject of this research is the word-forming structure of beekeeping terms in the Kumyk, Russian and English languages. The article describes the distinctive features of terminological word formation in the area of “beekeeping” in the aforementioned languages. For determining the type of word formation, the author uses the number and composition of the components. The similarities in common literary and terminological word formation are identified. It is demonstrated that in the corresponding terminology of the Kumyk language prevail the terminological phrases. The prevalence of phrases in the  languages under reviews is explained by the fact that the term not only denotes the concept, but to a certain extent reflects to its content. This requires the creation of mainly terms-phrases that can reflect the characteristics of the concept to the fullest. On the other hand, the growing number of terminological phrases in the Kumyk language indicates that beekeeping terms in the Kumyk language are translated from the Russian language, therefore part of the terms first appear as a result of clarification of their meaning. Whole terms comprise approximately 30% of all terms of the corpus. These terms are naturally included in the terminological phrases as the nuclear words and defining in the terminological phrases. In beekeeping terminology of tge Kumyk and English languages, prevail N/R + N/R models, which the authors believe is a reflection of common literary word formation.


Problemos ◽  
2021 ◽  
Vol 100 ◽  
pp. 100-113
Author(s):  
Kasparas Pocius

The article analyses Jacques Lacan’s theory of rupture that encompasses the three planes – the imaginary, the Symbolic and the Real – that comprise his topology. It is named the theory of rupture because it allows grasping the unfinished Lacanian subject as it encounters Other in all of those planes. The main question is whether this lack could be considered as positive. The attention is paid to the phallic signifier; the hypothesis is that this signifier, by linking the symbolic and the Real, allows the creation of new meanings and the resistance towards the fundamental fantasy.The Lacanian ternary conception of topology helps us to analyse the field of politics. While grasping this field from the “ex-sisting” perspective of the Real, we can observe the two scenarios of the development of (political) subject. On the one hand, there is a possible link between the subject and fantasy, in which one tries to compensate for the lack of the Real by “comforting” itself in the plane of symbolic discourse. On the other hand, in the alternative scenario, the subject consciously admits its lack, rejects the fantasy and begins to create new names which “hole” the symbolic discourse itself as well as the insufficiency of the symbolic field. The Real is defended by the phallic signifier, which helps to maintain the subject’s negativity and militancy. By enclosing the Real into the Symbolic we create the new consistency as the subject seeks not to maintain a passive form and place inside the structure, but names the positive lack in the structure itself and thereby creates the new political content.


Author(s):  
Oscar Gutiérrez-Bolívar ◽  
Oscar Gutiérrez-Bolívar ◽  
Pedro Fernández Carrasco ◽  
Pedro Fernández Carrasco

The opening of relationships between United States and Cuba could be a drive for a huge increase in the affluence of tourism to Cuba and especially to the coast areas. Cuba has been for many years an important tourist destination for people from many countries, but almost forbidden for US citizens. The proximity of the USA, its amount of population as well as their great acquisition power will increase in a very substantial way the demand for accommodation and other uses in the proximity of the coasts. There will be a need to implement a package of measures that reduce the impact of such sudden increase in the coastal line. On the other hand that augment in tourism could be an opportunity to improve the standard of life of Cubans. The consideration of different possibilities of such development, the analysis of the damages that each one could cause as well as the measures that could avoid, ameliorate or compensate such effects are the goals that are going to be presented in this paper.


Author(s):  
Anna Peterson

This book examines the impact that Athenian Old Comedy had on Greek writers of the Imperial era. It is generally acknowledged that Imperial-era Greeks responded to Athenian Old Comedy in one of two ways: either as a treasure trove of Atticisms, or as a genre defined by and repudiated for its aggressive humor. Worthy of further consideration, however, is how both approaches, and particularly the latter one that relegated Old Comedy to the fringes of the literary canon, led authors to engage with the ironic and self-reflexive humor of Aristophanes, Eupolis, and Cratinus. Authors ranging from serious moralizers (Plutarch and Aelius Aristides) to comic writers in their own right (Lucian, Alciphron), to other figures not often associated with Old Comedy (Libanius) adopted aspects of the genre to negotiate power struggles, facilitate literary and sophistic rivalries, and provide a model for autobiographical writing. To varying degrees, these writers wove recognizable features of the genre (e.g., the parabasis, its agonistic language, the stage biographies of the individual poets) into their writings. The image of Old Comedy that emerges from this time is that of a genre in transition. It was, on the one hand, with the exception of Aristophanes’s extant plays, on the verge of being almost completely lost; on the other hand, its reputation and several of its most characteristic elements were being renegotiated and reinvented.


Author(s):  
Matthias Albani

The monotheistic confession in Isa 40–48 is best understood against the historical context of Israel’s political and religious crisis situation in the final years of Neo-Babylonian rule. According to Deutero-Isaiah, Yhwh is unique and incomparable because he alone truly predicts the “future” (Isa 41:22–29)—currently the triumph of Cyrus—which will lead to Israel’s liberation from Babylonian captivity (Isa 45). This prediction is directed against the Babylonian deities’ claim to possess the power of destiny and the future, predominantly against Bel-Marduk, to whom both Nabonidus and his opponents appeal in their various political assertions regarding Cyrus. According to the Babylonian conviction, Bel-Marduk has the universal divine power, who, on the one hand, directs the course of the stars and thus determines the astral omens and, on the other hand, directs the course of history (cf. Cyrus Cylinder). As an antithesis, however, Deutero-Isaiah proclaims Yhwh as the sovereign divine creator and leader of the courses of the stars in heaven as well as the course of history on earth (Isa 45:12–13). Moreover, the conflict between Nabonidus and the Marduk priesthood over the question of the highest divine power (Sîn versus Marduk) may have had a kind of “catalytic” function in Deutero-Isaiah’s formulation of the monotheistic confession.


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