https://repositorio.pucsp.br/jspui/handle/handle/26353 Sat, 04 Apr 2026 18:34:42 GMT 2026-04-04T18:34:42Z https://repositorio.pucsp.br/jspui/handle/handle/32264 Título: Direito comparado na execução antecipada da pena Abstract: The present work discusses the plausibility of the controversial jurisprudential understanding that authorized the early execution of the criminal penalty, last revived in 2016 and overturned in 2019. In addition to analyzing some of the most important arguments enlisted by the brazilian Supreme Court in Habeas Corpus 126.292/SP and in Precautionary Measure in the Declaratory Action of Constitutionality 43/DF, this work focuses more vigorously on the appeal to comparative law, discussing the possibility to summon foreign legal systems to justify the implementation of early execution of the criminal sentence. At last, this work lists some of the real reasons that led the brazilian Supreme Court to relativize an immutable constitutional guarantee Tipo: Trabalho de Conclusão de Curso Wed, 26 Oct 2022 00:00:00 GMT https://repositorio.pucsp.br/jspui/handle/handle/32264 2022-10-26T00:00:00Z https://repositorio.pucsp.br/jspui/handle/handle/32228 Título: Aplicação e alcance do princípio da intervenção mínima do Poder Judiciário nas normas coletivas: análise e compatibilidade com os direitos fundamentais Abstract: By descriptive, scholar’s opinion and bibliography, the present study addresses controversial about article 8º, paragraph 3º of Labor Code, limits imposed to the Judiciary by such article and possible interpretations to it, seeking for the one that is compatible with fundamental rights. The present study is based on especially theoretical aspects, through the analysis of legislation, scholar’s opinions, and the current precedents on the subject and associated aspects, mainly of a labor perspective and its interaction with constitutional and civil aspects on the matter. It analyzes the labor context in which the above-mentioned article is inserted and its association with rules about collective bargaining agreements and with the articles 611-A and 611-B of the Labor Code, in addition to the relation with the article 104 of the Civil Code and with the constitutional rules and principles. The purpose of this dissertation is to conclude what would be the best interpretation to be given to the article 8, paragraph 3 of the Labor Code, focusing on, one side, to avoid its unconstitutionality declaration and, on the other side, to ensure that it is aligned with fundamental rights Tipo: Dissertação Tue, 07 Mar 2023 00:00:00 GMT https://repositorio.pucsp.br/jspui/handle/handle/32228 2023-03-07T00:00:00Z