Da tutela penal das relações do mundo do trabalho: uma abordagem na perspectiva do sistema penal integrado

• Ano de defesa: 2015
• Autor(a) principal: Borato, Pedro Guilherme [UNESP]
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Estadual Paulista (Unesp)
• Palavras-chave em Português: Direito penal; Relações trabalhistas - Aspectos jurídicos; Direito do trabalho - Disposições penais; Tutela; Criminologia
• Link de acesso: http://hdl.handle.net/11449/135982; http://www.athena.biblioteca.unesp.br/exlibris/bd/cathedra/12-02-2016/000858392.pdf

This study has as specific goal a reflection on the protection the administrative and labor standards through legal and criminal prevention from the criminal dogmatic in an analytical context through the integral model of Criminal Sciences. The chosen methodology combines various methodical models highlighting the systematic method and the problematic method which are used together in a complementary relationship, providing a holistic analysis of the legal phenomenon of criminal prevention of labor relations. The central object shows up current, complex, controversial and in need of literature that addresses the issue from a dogmatic point of view, which brings the justification for scientific research in the field. The study is consolidated in an introductory consideration about the bases in which the violations of labor relations will be reflected, delimiting the foundation doctrine of systemic functionalism that tab. Also the methodological model is explained by determining which aspects violations of labor relations will be evaluated. After the study of the nucleus is the target of a criminological analysis and political-criminal that provide the empirical and evaluative substrate needed for a dogmatic reflection of the phenomenon. Thus falls within the contemporary social setting so that it is known in which reality violations occur, why they occur and under what aspects, informing the Legal and Penal System of the reality in which these crimes occur, based on a weighting through the object study of Criminology. It also occurs to criminal political analysis of these violations and that information brought to the system, which provides a value of limitation, so that constitutionally frame the public policy of criminal nature. Finally, envision yourself violations of labor relations through the criminal legal dogmatic, seeking to define which labor violations require criminal intervention...