Tutela inibitória coletiva como instrumento adequado à proteção dos direitos da pessoa com deficiência no ambiente de trabalho

• Ano de defesa: 2025
• Autor(a) principal: Bridi, Mateus Garcia
• Orientador(a): Rocha, Claudio Iannotti da
• Banca de defesa: Moschen, Valesca Raizer Borges , Santos, Edilton Meireles de Oliveira , Pereira, Ricardo José Macedo de Britto
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal do Espírito Santo; Mestrado em Direito Processual
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito Processual
• Departamento: Centro de Ciências Jurídicas e Econômicas
• País: BR
• Palavras-chave em Português: Tutela inibitória; Tutela jurisdicional; Tutela coletiva
• Área do conhecimento CNPq: Direito Processual Civil
• Link de acesso: http://repositorio.ufes.br/handle/10/19831

Object: this research analyzes, from the perspective of the collective rights protection system, the use of inhibitory injuction as an appropriate tool for safeguarding the rights of people with disabilities in the workplace. Problematic: the use of injuctions that lack a preventive nature in the protection of transindividual rights proves to be ineffective, especially because they do not prevent the occurrence or recurrence of unlawful acts. Problem: how can the procedural instruments of inhibitory injuction make the rights of people with disabilities in the workplace more effective? Methodology: the methodology consists of a qualitative documentary analysis of legal literature, the Code of Civil Procedure, the Consolidation of Labor Laws, the Consumer Defense Code, the Public Civil Action Law, and LOMPU, as well as some rulings from the Superior Labor Court throughout the research. The study starts from major premises considered true, submitting them to minor premises, to logically demonstrate how inhibitory injuction can be more suitable for protecting the rights of people with disabilities in the work environment. Results: collective inhibitory remedies have procedural techniques that can be more suitable for the protection of transindividual rights, especially when compared to compensatory remedies. Contributions: the research revealed that to fully enable people with disabilities to access the workplace, it is necessary to use remedies with a preventive nature. The study also shows that the techniques present specifically in inhibitory injuction provides the claimant and the judge with the means to adopt necessary measures to correct and eliminate accessibility barriers, thus providing a suitable and healthy work environment. From a procedural perspective, it encourages and fosters a greater scenario for the use of inhibitory injuction by judges as a tool to achieve more effective protection. From a doctrinal perspective, it stimulates discussion on the protection of transindividual rights and how to protect them more adequately and effectively, as well as presents an imperative scenario regarding the rights of people with disabilities in the workplace. From a social perspective, it allows judicial rulings to meet the needs of people with disabilities in exercising their constitutional rights to citizenship and access to the work environment. Research line: This research is part of Line 1 of the Graduate Program in Procedural Law at the Federal University of Espírito Santo (PPGDIR-UFES): “Justice Systems, Constitutionality, and Protection of Individual and Collective Rights.”