DOCSLIB.ORG

THE 2011 GLOBAL EMPLOYER: Highlights of Littler’S Fourth Annual Global Employer Institute

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
THE 2011 GLOBAL EMPLOYER: Highlights of Littler’S Fourth Annual Global Employer Institute THE 2011 GLOBAL EMPLOYER: Highlights of Littler’s Fourth Annual Global Employer Institute February 2012 AUTHORS Garry G. Mathiason Margaret Hart Edwards Bruce J. McNeil Peter A. Susser Gail A. Engstrom Kristen M. O’Connor Barry A. Hartstein Katherine C. Franklin Bruce J. Sarchet Michael G. Congiu Steven J. Friedman Trent Sutton Earl “Chip” M. Jones Tahl Tyson Laurent R.G. Badoux Elizabeth A. Lalik Juan Carlos Varela Philip M. Berkowitz Johan Lubbe Jaffe D. Dickerson Stefan J. Marculewicz IMPORTANT NOTICE This publication is not a do-it-yourself guide to resolving employment disputes or handling employment litigation. Nonetheless, employers involved in ongoing disputes and litigation will find the information extremely useful in understanding the issues raised and their legal context. The Littler Report is not a substitute for experienced legal counsel and does not provide legal advice or attempt to address the numerous factual issues that inevitably arise in any employment-related dispute. Copyright ©2012 Littler Mendelson, P.C. All material contained within this publication is protected by copyright law and may not be reproduced without the express written consent of Littler Mendelson. Table of Contents SECTION / TOPIC Page I. INtroDUCtioN 1 II. THE GLOBALIZATION OF EMPLOYMENT AND LABOR LAW: BREAKING DEVELOPMENTS, TRENDS, PRACTICAL COMPLIANCE INITIATIVES FOR 2012 2 III. INterNatioNal seCUrity: keepiNG employees safe IN DANgeroUS loCales 9 A. Introduction — 2011: A Year of Tumult and Transition 9 B. International Security — The Legal Perspective 9 C. International Security — The Practical Perspective 10 IV. BEST PRACTICES FOR CROSS-BORDER EMPLOYMENT AGREEMENTS 12 A. Selecting the Right Person for the Assignment 12 B. What Are the Most Common Structures for C ross-Border Employment Agreements, and What Are the Advantages and Disadvantages of Each? 13 C. What Are the Best Practices for Creating a Good Cross-Border Employment Agreement? 13 V. CORRUPTION: A PRACTICAL APPROACH TO THE FOREIGN CORRUPT PRACTICES ACT AND THE UK BRIBERY ACT 16 A. Introduction 16 B. Anti-Corruption Laws — What Do They Prohibit and What Are the Penalties 17 C. Best Practices for Preventing Bribery and Corruption and Minimizing Liability 21 VI. OUT of the FINANCial Crisis “FryiNG PAN” AND INto the CompliaNCE “Fire”: What MUltiNatioNals NeeD to KNOW AboUT New FINANCial Reforms 25 A. Introduction — Financial Crisis Leads to Heightened Oversight 25 B. US Imposes Unprecedented Changes in Pay Practices 25 C. Continental Europe Regulates the Financial Industry 26 D. UK Regulations Under the Financial Services Authority 27 E. Practical Measures to Address New Global Policies 27 VII. global labor relatioNS: global UNioN feDeratioNS, INterNatioNal labor staNDarDS, AND HUMAN rights 28 A. Introduction — A Brave New World 28 B. CSR — A Historical Perspective and Primer 29 C. Emerging Trends — How Will Companies Be Pressured? 30 D. Practical Considerations: Responding Through Thoughtful and Comprehensive Self-Regulation 31 COPYRIGHT ©2012 LITTLER MENDELSON, P.C. i Table of Contents (continued) SECTION / TOPIC Page VIII. BULLIES AT WORK: SOLUTIONS FROM DIFFERENT LANDS 33 A. Around the World, Bullying Is Not Uncommon in the Workplace 33 B. What Is Bullying and How Is It Legally Addressed? 34 C. Latest Developments in a Sampling of Jurisdictions 34 D. Employers Should Take Practical Steps to Prevent Bullying 38 IX. AFRICA: A WEALTH OF BUSINESS OPPORTUNITIES IN AN UNFAMILIAR LEGAL LANDSCAPE 40 A. Introduction — Modern Day Africa 40 B. Background 40 C. Conducting Business in Africa 42 D. The Employment Relationship 44 E. Conclusion 48 X. THE EVOLVING LABOR RELATIONS AND LABOR LAW PICTURE IN THE PEOPLE’S REPUBLIC OF CHINA 49 A. Introduction 49 B. Labor Law in China — A Historical Perspective 49 C. Emerging Trends 49 D. Practical Considerations 53 XI. INterNatioNal EMPLOYMENT LAW UPDATE: 2011 54 A. Introduction 54 B. Employment Discrimination 54 C. Workplace Privacy 56 D. Wage and Hour Law 56 E. New Statutes 57 F. Fraud 58 G. Workplace Climate 58 H. Arbitration 59 I. Text Messages in the Workplace 59 J. Philosophical Beliefs 60 K. Can You Get Fired for that? 61 L. Cat’s Paw Liability 62 XII. APPENDIX A — US FCPA vs. UK Bribery ACT: Key DiffereNCes for US Employers 63 ii LIttLER MENDELSON, P.C. • EmplOYMENT & LABOR LAW SOLUTIONS WORLDWIDE™ THE 2011 GLOBAL EMPLOYER: Highlights of Littler’s Fourth Annual Global Employer Institute INtroDUCtioN In November 2011, Littler Mendelson conducted its Fourth Annual Global Employer Institute (GEI) in Washington, D.C. Attorneys and human resources professionals from 13 countries participated in the GEI. Regions represented included North and South America, Europe, Africa and Asia, including rapidly expanding markets such as Brazil, India and China. Each year we highlight and discuss some of the most challenging issues facing global employers. Topics featured at the 2011 GEI included: • The Globalization of Employment and Labor Law: Breaking Developments, Trends, and Practical Compliance Initiatives for 2012 • International Security: Keeping Employees Safe in Dangerous Locales • Best Practices for Cross-Border Employment Agreements • Corruption: A Practical Approach to the Foreign Corrupt Practices Act and the UK Bribery Act • Out of the Financial Crisis “Frying Pan” and into the Compliance “Fire”: What Multinationals Need to Know About New Financial Reforms • Global Labor Relations: Global Union Federations, International Labor Standards and Human Rights • Bullies at Work: Solutions from Different Lands • Africa: A Wealth of Business Opportunities in an Unfamiliar Legal Landscape • The Evolving Labor Relations and Labor Law Picture in the People’s Republic of China • International Employment Law Update: 2011 We also held a workshop on “Investigating Employee Misconduct Across Borders” and presented a special panel on corporate social responsibility in the mining industry in Latin America. This Publication is intended to highlight many of the topics from Littler’s 2011 GEI. We hope you find it to be a useful resource. Garry G. Mathiason Peter A. Susser Littler Mendelson, P.C. COPYRIGHT ©2012 LITTLER MENDELSON, P.C. 1 THE 2011 GLOBAL EMPLOYER: Highlights of Littler’s Fourth Annual Global Employer Institute I. THE GLOBALIZATION OF EMPLOYMENT AND LABOR LAW: BREAKING DEVELOPMENTS, TRENDS, PRACTICAL COMPLIANCE INITIATIVES FOR 2012 Employers increasingly work across borders. At the same time, employers must maintain employment and business practices that meet standards of legal compliance, ethics and transparency. With increasing public scrutiny of employment and business practices, multinational employers face significant challenges. The United Nations designated October 31, 2011, as the date when our population around the globe reached seven billion.1 Along with this growth, business is becoming more global and interconnected. Internet user growth, which reached 30.4% around the world as of June 2011, best illustrates such globalization. With the Internet and global media, business and employment practices that are challenged in an isolated location can reverberate around the globe. Based on such developments, employers should anticipate increased efforts toward global employment law standards. Discussed below are eight global employment and labor law “hot topics” that relate to trends Littler has been monitoring for the last five to ten years . This introductory section is intended to paint these topics with a broad brush, and the subsequent sections of this publication discuss many of these trends in greater detail. Hot Topic #1: Dangerous Workplaces There is no question that the world is still a place of potential treachery. About 10%of US expatriates are assigned to countries and situations that would be classified as dangerous. The potential legal ramifications for employers need to be considered. A recent lawsuit highlights the potential risk to employers in making certain foreign assignments. In December of 2009, two Scottish oil workers were kidnapped in Nigeria. The workers had previously complained that there was poor security. Significantly, the employer failed to make a risk analysis prior to the overseas assignment. The lawsuit that followed was brought on a theory that works in most countries – breach of the duty to provide a safe workplace.2 A “dangerous workplace” can pose risks ranging from terrorism or kidnapping to lack of infrastructure, lack of medical facilities, or extreme physical conditions. A detailed Littler Report,3 which provides both a legal and practical guide to dealing with international employee assignments, recommends developing a comprehensive strategy that includes consideration of factors such as: (1) determining the assignees’ access to health care and health insurance; and (2) having an international assignment policy and agreement. Because of the significant issues raised, this topic is discussed in greater detail below in Section II. Hot Topic #2: Social Media and Global Privacy More than a decade ago, email and the Internet redefined the workplace. Now, there is a compliance challenge regarding social media with the line between one’s private life and work life becoming increasingly more difficult to define. New policies have to be written and enforced. There has been an explosive growth of social media. One year ago, Facebook had 500 million users. Today, Facebook has 800 million users. Half of them log in daily, and 75% of the users are outside of the United States. If you add LinkedIn, you have
Load more

Recommended publications
  • Electronic Signatures Digital Signatures NEWS
    NEWS: Electronic signatures United States of America England and Wales Proposed Rule to permit investors to obtain proxy materials over the internet In the case of Mehta v J Pereira Fernandes S A [2006] On 29 November 2005, the Securities and Exchange EWHC 813 (Ch), His Honour Judge Pelling QC, sitting as Commission (SEC) voted to propose for public a Judge of the High Court, overturned an earlier comment rules that will allow the internet to be used to decision of District Judge Harrison of the Manchester enable companies and others to deliver proxy County Court, in which he determined that an e-mail materials. The SEC explained the position in their press address was not capable of being a form of electronic release: signature. Compare this decision with the case of ‘When a person solicits a proxy from the 1327/2001 – Payment Order, as reported Georgia shareholders of a company that is subject to the Skouma in e-Signature Law Journal, Volume 1, Number Commission’s proxy rules, Rule 14a-3 currently requires 2, 2004, 95 – 98, in which a Greek judge held that an e- that a proxy statement, which must include specified mail address was capable of being a form of electronic disclosure, be delivered with or prior to that signature. See also the US case of Roger Edwards LLC v solicitation. Further, when a company solicits proxies, it Fiddes & Son Limited 245 F.Supp.2d (D.Me. 2003) and also must deliver an annual report to shareholders, the Singapore case of SM Integrated Transware Pte Ltd which must include additional specified disclosure.
    [Show full text]
  • The Recognition of Domestic Workers' Labor Rights and the Debate Over The
    The recognition of domestic workers’ labor rights and the debate over the legacy of slavery in Brazil Stefanie Prange de Oliveira Master in International Studies Supervisor: Dr. Thais França, Visiting Assistant Professor, ISCTE-Instituto Universitário de Lisboa October, 2020 The recognition of domestic workers’ labor rights and the debate over the legacy of slavery in Brazil Stefanie Prange de Oliveira Master in International Studies Supervisor: Dr. Thais França, Visiting Assistant Professor, ISCTE-Instituto Universitário de Lisboa October, 2020 2 Acknowledgements/Agradecimentos I would like to thank the following people, without whom I would not have been able to finish this dissertation. // Desejo exprimir os meus sinceros agradecimentos a todos aqueles que, de alguma forma, permitiram que esta tese se concretizasse. To my interviewees, for their willingness to share their time, knowledge, and experiences with me. Thank you for your collaboration. // Às entrevistadas, que com paciência responderam ao questionário da pesquisa, compartilharam seus conhecimentos, e dispensaram o seu tempo em prol deste meu objetivo pessoal. Muito obrigada pela pela disponibilidade e a colaboração. To my supervisor, Dr. Thais França, for the encouragement, constructive criticism, and your reliability. I deeply appreciate your persistent guidance and feedback. To my parents, my role models, who have raised me affectionately, always making sure that I feel equally connected to both of my home countries, Brazil and Germany. Without your constant support and your bicultural education, I would have lacked the inspiration to engage in the topic of this thesis. To my family, my friends and to all of those who have been part of my life journey.
    [Show full text]
  • Drafting-Arbitration-Agreements.Pdf
    46 Latin America EXPERT VIEW: INTERNATIONAL ARBITRATION DRAFTING ARBITRATION AGREEMENTS Duncan Speller and Victoria Narancio of WilmerHale discuss the most important factors to consider when drafting an effective international arbitration agreement with Brazilian parties or for arbitrations seated in Brazil n 2010, the World Bank reported that Brazil had been sent for approval to the Brazilian Senate, and is the biggest economy in Latin America and the expected to be enacted at some point during 2014). Iseventh largest in the world. It is likely that Brazil's Furthermore, recent judicial decisions from Brazil’s economy will continue to grow. Analysts foresee that higher courts suggest that there is an increased between 2012 and 2020, a total of USD 809.4 billion receptiveness to international arbitration, and as a result, will be invested in the country’s energy and oil and gas Brazil is becoming a popular venue for arbitrations infrastructure, and in its telecommunications, health seated in Latin America. For instance, in Weil Brother and transport sectors alone. As a result of Brazil’s Cotton Inc v Clóvis Augustin, a case decided in 2013, economic expansion, the country has become a major the Superior Court of Justice of Brazil (“STJ”) rejected player in international trade, and attracts investors a challenge against the enforcement of an award, worldwide. Brazil’s economic expansion and increase recognising that the respondent had been properly in cross-border commerce has inevitably resulted in an served, and further confirming that the court was not increase of domestic and international arbitrations. entitled to enter into an analysis of the merits during the In addition, the use of international arbitration has stage of enforcement (see Weil Brother Cotton Inc v Clóvis increased because of Brazil’s legal framework, which is Augustin, STJ, Sentença Estrangeira Contestada No.
    [Show full text]
  • 4C4820bf2.Pdf
    Biblioteca Digital da Câmara dos Deputados Centro de Documentação e Informação Coordenação de Biblioteca http://bd.camara.gov.br "Dissemina os documentos digitais de interesse da atividade legislativa e da sociedade.” 3 rd Edition 2010 Constitutional text of October 5, 1988, with the alterations introduced by Constitutional Amendments No. 1/1992 through 64/2010 and by Revision Constitutional Amendments No. 1/1994 through 6/1994. CHAMBER OF DEPUTIES Constitutional Amendments No. 1/1994 through 6/1994. 1/1994 through No. Amendments Constitutional Constitutional Amendments No. 1/1992 through Constitutional 64/2010 text and of by October Revision 5, 1988, with the alterations introduced by ISBN 978-85-736-5736-4 9 7 8 8 5 7 3 6 5 7 3 6 4 Chamber of Deputies Directing Board 53rd Congress – 4th Session 2010 President Michel Temer 1st Vice President Marco Maia 2nd Vice President Antonio Carlos Magalhães Neto 1st Secretary Rafael Guerra 2nd Secretary Inocêncio Oliveira 3rd Secretary Odair Cunha 4th Secretary Nelson Marquezelli Substitutes 1st Substitute Marcelo Ortiz 2nd Substitute Giovanni Queiroz 3rd Substitute Leandro Sampaio 4th Substitute Manoel Junior General Manager Sérgio Sampaio Contreiras de Almeida Secretary General to the Governing Board Mozart Vianna de Paiva CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL miolo_constitution_versao_camara.indd 1 17/6/2010 15:00:59 Chamber of Deputies CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL 3rd edition Constitutional text of October 5, 1988, with the alterations introduced by Constitutional Amendments No. 1/1992 through 64/2010 and by Revision Constitutional Amendments No. 1/1994 through 6/1994. Documentation and Information Center Publishing Coordination Brasília – 2010 CHAMBER OF DEPUTIES LEGISLATIVE DIVISION Head Afrísio Vieira Lima Filho DOCUMENTATION AND INFORMATION CENTER Head Adolfo C.
    [Show full text]
  • Determinants of Judicial Efficiency Change: Evidence from Brazil
    Determinants of Judicial Efficiency Change: Evidence from Brazil Thiago A. Fauvrellea, Alessio Tony C. Almeidab aInstitute of Law & Economics, University of Hamburg, Germany - Rotterdam Institute of Law & Economics, Erasmus University Rotterdam, The Netherlands. Email: [email protected] bGraduate Program in Economics, Federal University of Paraiba, Brazil. Email: [email protected] Abstract Judicial efficiency matters for economic development. Nevertheless, the determinants of judicial productivity growth are not entirely understood in the literature. Using data of Brazil’s state courts for the period of 2009 to 2014, this paper analyses judicial productivity change and its possible determinants over time in a two stage approach. First, data envelopment analysis is used to calculate Malmquist productivity measures which are decomposed in: technical change (frontier-shift effect) and efficiency change which is composed of pure efficiency change (catch-up effect) and scale efficiency change (size effect). In the second stage, fixed effect models are estimated to evaluate the determinants of judicial productivity growth. The first stage results show a slight improvement in judicial productivity trend, which is defined mainly by efficiency change, since technical change deteriorated in the period. While the second stage findings suggest the inexistence of a trade-off between judicial quality and efficiency improvement, while judges remuneration, legal complexity and technology use affect judicial productivity, however not always in the expected direction. Keywords: Judicial Efficiency, Malmquist Index, Productivity, Brazilian Courts Resumo A eficiência judicial é importante para o desenvolvimento econômico, contudo os determinantes do cresci- mento da produtividade da justiça não são totalmente compreendidos na literatura. Usando dados de tribunais estaduais do Brasil para o período de 2009-2014, este artigo analisa a mudança da produtividade judicial e seus possíveis determinantes ao longo do tempo em uma abordagem de dois estágios.
    [Show full text]
  • The Supreme Court Nominations in Brazil (1985-2010): Presidential Or Coalitional Preferences?
    V Congreso Latinoamericano de Ciencia Política. Asociación Latinoamericana de Ciencia Política, Buenos Aires, 2010. The Supreme Court Nominations in Brazil (1985-2010): Presidential or Coalitional Preferences?. Barreiro Lemos Leany y Llanos Mariana. Cita: Barreiro Lemos Leany y Llanos Mariana (2010). The Supreme Court Nominations in Brazil (1985-2010): Presidential or Coalitional Preferences?. V Congreso Latinoamericano de Ciencia Política. Asociación Latinoamericana de Ciencia Política, Buenos Aires. Dirección estable: http://www.aacademica.org/000-036/573 Acta Académica es un proyecto académico sin fines de lucro enmarcado en la iniciativa de acceso abierto. Acta Académica fue creado para facilitar a investigadores de todo el mundo el compartir su producción académica. Para crear un perfil gratuitamente o acceder a otros trabajos visite: http://www.aacademica.org. The Supreme Court Nominations in Brazil (1985-2010): Presidential or Coalitional Preferences? Leany Barreiro Lemos Oxford-Princeton Post-Doctoral Fellow – University of Oxford [email protected] Mariana Llanos GIGA German Institute of Global and Area Studies – Hamburg [email protected] Paper Outline: 1. Introduction (p.2) 2. A Framework for the Analysis of Brazilian Nominations (p.4) 3. Brazilian Federal Courts: General Features and Nomination Rules (p.7) 4. Presidential or Coalitional Preferences: Indicators and Data (p.12) 4.a. The President and the Senate (p.13) 4.b. The Selection of a Candidate (p.16) 5. Discussion (p.22) 6. Conclusion (p.24) References (p.26) Table 3 – Legislative Process of Supreme Court Nominations, Brazil, 1989-2010 (p.28) Table 4 – Winning Candidates Profile - Supreme Court Judges, 1985-2010 (p.30) 1 1.
    [Show full text]
  • The Case of Drug Distribution in the State of São Paulo Brazilian Political Science Review, Vol
    Brazilian Political Science Review E-ISSN: 1981-3821 [email protected] Associação Brasileira de Ciência Política Brasil Elias de Oliveira, Vanessa; Noronha, Lincoln N. T. Judiciary-Executive Relations in Policy Making: The Case of Drug Distribution in the State of São Paulo Brazilian Political Science Review, vol. 5, núm. 2, 2011, pp. 10-38 Associação Brasileira de Ciência Política São Paulo, Brasil Available in: http://www.redalyc.org/articulo.oa?id=394341998001 How to cite Complete issue Scientific Information System More information about this article Network of Scientific Journals from Latin America, the Caribbean, Spain and Portugal Journal's homepage in redalyc.org Non-profit academic project, developed under the open access initiative brazilianpoliticalsciencereview ARTICLE Judiciary-Executive Relations in Policy Making: The Case of Drug Distribution in the State of São Paulo Vanessa Elias de Oliveira Universidade Federal do ABC (UFABC), Brazil Lincoln N. T. Noronha Universidade de São Paulo (USP), Brazil This paper aims to demonstrate how the responses of public health officials to judicial decisions have shaped drug distribution policies in the state of São Paulo. Data was collected and structured interviews were conducted at the state of São Paulo Department for Health in order to show how different strategies of response to judicial decisions affected the policy of medication distribution by the public sector. We also analysed recent Supreme Federal Court jurisprudence to show how the Court reformed its earlier views on the subject as a result of the demands made by public health officials. It is our understanding that the current literature has failed to produce a more comprehensive view of this phenomenon because of its focus solely on judicial decisions, without taking a step further to analyse how public health officials reacted to them, which would have addressed the compliance problem inherent to positive rights enforcement.
    [Show full text]
  • A Case Note Regarding Limited Liability in Brazilian Law
    Francisco de Assis Marques v Center Trading Indústria e Comércio Ltda – a case note regarding limited liability in Brazilian Law by Bruno Caraciolo Ferreira Albuquerque Abstract This case note provides an objective notion regarding limited liability in Brazilian law. Francisco de Assis Marques v Center Trading Indústria e Comércio Ltda is a recent case from February, 2013, decided by the Brazilian Supreme Federal Court. The case note is divided into five parts. The first part provides a notion about the Brazilian courts’ system and its decisions on limited liability. The second part presents the Brazilian Superior Labour Court’s position on this subject. The third part discusses the interpretation given on this issue by the Brazilian Superior Court of Justice regarding limited liability. In the fourth part the proper case study is developed, clarifying the facts involved, the Court’s decision and its effects. Finally, in the fifth part I present my conclusions linking this subject to the initiative of a new Brazilian Commercial Code, affirming that this important event may have a great efficacy not just by the means of well-drafted general rules but also as a great opportunity to the Brazilian legal community to unify its position about the matter, and to provide more legal certainty for investments in the country. 1. The Brazilian Supreme Courts and the Superior Courts Jurisdiction and Limited Liability Interpretation The parties involved in a lawsuit in Brazil may face several court levels until a final decision. The top of Brazil´s court system is the Federal Supreme Court (STF), a constitutional tribunal.
    [Show full text]
  • Brazilian Political Science Review Vol 5, No 2
    Volume 5 Number 2 2011 bpsr brazilianpoliticalsciencereview a journal of the brazilian political science association Articles Vanessa Elias de Oliveira, Lincoln N . T. Noronha Judiciary-Executive Relations in Policy Making: The Case of Drug Distribution in the State of São Paulo Mariana Batista da Silva Independence after Delegation? Presidential calculus and political interference in Brazilian regulatory agencies Eduardo Munhoz Svartman Brazil-United States military relations during the Cold War: Political dynamic and arms transfers Márcia Miranda Soares, Pedro Robson Pereira Neiva Federalism and Public Resources in Brazil: Federal Discretionary Transfers to States Carlos Aurélio Pimenta de Faria, Gustavo Gomes Machado Policies of Space and the Space of Politics: The “Negotiated Expansion” of the Belo Horizonte Metropolitan Area Book Review Paula E. Vedoveli New Interpretations on the Life and Ideas of Raúl Prebisch (1901-1986) bpsr brazilianpoliticalsciencereview a journal of the brazilian political science association Volume 5 Number 2 2011 EDITORS EDITORIAL COMMITTEE Gilberto Hochman (Fiocruz, Brazil) Adam Przeworski (New York University, USA) Leticia Pinheiro (IRI/PUC-Rio, Brazil) Ana Maria Mustapic (Instituto Torcuato Di Tella, Argentina) Fernando Limongi (USP, CEBRAP, Brazil) Marcus Figueiredo (IESP/UERJ, Brazil) [email protected] Maria Rita Loureiro (FGV, Brazil) E DITORIA L B OARD Alcides da Costa Vaz (UnB, Brazil) - Andrew Hurrell (Oxford University, United Kingdom) - Argelina Cheibub Figueiredo (CEBRAP; IESP/UERJ, Brazil) - Candido
    [Show full text]
  • Constitution of Brazil
    Biblioteca Digital da Câmara dos Deputados Centro de Documentação e Informação Coordenação de Biblioteca http://bd.camara.gov.br "Dissemina os documentos digitais de interesse da atividade legislativa e da sociedade.” 3 rd Edition 2010 Constitutional text of October 5, 1988, with the alterations introduced by Constitutional Amendments No. 1/1992 through 64/2010 and by Revision Constitutional Amendments No. 1/1994 through 6/1994. CHAMBER OF DEPUTIES Constitutional Amendments No. 1/1994 through 6/1994. 1/1994 through No. Amendments Constitutional Constitutional Amendments No. 1/1992 through Constitutional 64/2010 text and of by October Revision 5, 1988, with the alterations introduced by ISBN 978-85-736-5736-4 9 7 8 8 5 7 3 6 5 7 3 6 4 Chamber of Deputies Directing Board 53rd Congress – 4th Session 2010 President Michel Temer 1st Vice President Marco Maia 2nd Vice President Antonio Carlos Magalhães Neto 1st Secretary Rafael Guerra 2nd Secretary Inocêncio Oliveira 3rd Secretary Odair Cunha 4th Secretary Nelson Marquezelli Substitutes 1st Substitute Marcelo Ortiz 2nd Substitute Giovanni Queiroz 3rd Substitute Leandro Sampaio 4th Substitute Manoel Junior General Manager Sérgio Sampaio Contreiras de Almeida Secretary General to the Governing Board Mozart Vianna de Paiva CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL miolo_constitution_versao_camara.indd 1 17/6/2010 15:00:59 Chamber of Deputies CONSTITUTION OF THE FEDERATIVE REPUBLIC OF BRAZIL 3rd edition Constitutional text of October 5, 1988, with the alterations introduced by Constitutional Amendments No. 1/1992 through 64/2010 and by Revision Constitutional Amendments No. 1/1994 through 6/1994. Documentation and Information Center Publishing Coordination Brasília – 2010 CHAMBER OF DEPUTIES LEGISLATIVE DIVISION Head Afrísio Vieira Lima Filho DOCUMENTATION AND INFORMATION CENTER Head Adolfo C.
    [Show full text]
  • Coleção Direito Internacional Do Trabalho
    Organizadores: Cláudio Jannotti da Rocha Lorena Vasconcellos Porto Rúbia Zanotelli de Alvarenga Rosemary de Oliveira Pires COLEÇÃO DIREITO INTERNACIONAL DO TRABALHO Volume 2 A COMUNICABILIDADE DO DIREITO INTERNACIONAL DO TRABALHO E O DIREITO DO TRABALHO BRASILEIRO São Paulo 2020 Copyright© 2020 by Tirant lo Blanch Editor Responsável: Aline Gostinski Capa e Diagramação: Carla Botto de Barros CONSELHO EDITORIAL CIENTÍFICO: Eduardo Ferrer Mac-Gregor Poisot Presidente da Corte Interamericana de Direitos Humanos. Investigador do Instituto de Investigações Jurídicas da UNAM - México Juarez Tavares Catedrático de Direito Penal da Universidade do Estado do Rio de Janeiro - Brasil Luis López Guerra Magistrado do Tribunal Europeu de Direitos Humanos. Catedrático de Direito Constitucional da Universidade Carlos III de Madrid - Espanha Owen M. Fiss Catedrático Emérito de Teoria de Direito da Universidade de Yale - EUA Tomás S. Vives Antón Catedrático de Direito Penal da Universidade de Valência - Espanha C739 A comunicabilidade do direito internacional do trabalho e o direito do trabalho brasileiro volume 2 [livro eletrônico] Organizadores Cláudio Jannotti da Rocha, Lorena Vasconcellos Porto, Rúbia Zanotelli de Alvarenga, Rosemary de Oliveira Pires. –1.ed. –São Paulo : Tirant lo Blanch, 2020. -- (Coleção Internacional do Trabalho) 2Mb ; ebook ISBN: 978-65-86093-81-0 1. Direito internacional. 2. Direito do trabalho. I.Título CDU: 341+349.2 É proibida a reprodução total ou parcial, por qualquer meio ou processo, inclusive quanto às características gráficas e/ ou editoriais. A violação de direitos autorais constitui crime (Código Penal, art.184 e §§, Lei n° 10.695, de 01/07/2003), sujeitando-se à busca e apreensão e indenizações diversas (Lei n°9.610/98).
    [Show full text]
  • The Influence of CJEU Judgments on Brazilian Courts
    LAW 2019/02 Department of Law The influence of CJEU judgments on Brazilian courts Mario Viola de Azevedo Cunha and Danielle da Costa Leite Borges European University Institute Department of Law THE INFLUENCE OF CJEU JUDGMENTS ON BRAZILIAN COURTS Mario Viola de Azevedo Cunha and Danielle da Costa Leite Borges EUI Working Paper LAW 2019/02 This text may be downloaded for personal research purposes only. Any additional reproduction for other purposes, whether in hard copy or electronically, requires the consent of the authors. If cited or quoted, reference should be made to the full name of the authors, the title, the working paper or other series, the year, and the publisher. ISSN 1725-6739 © Mario Viola de Azevedo Cunha and Danielle da Costa Leite Borges, 2018 Printed in Italy European University Institute Badia Fiesolana I-50014 San Domenico di Fiesole (FI) Italy www.eui.eu cadmus.eui.eu Abstract This paper aims at discussing the influence of the Court of Justice of the European Union (CJEU) case-law on Brazilian jurisprudence or legislation. First, it presents an overview of the Brazilian legal system as well as of the functioning of its Judiciary. Then the paper analyses the dialogue between Brazilian courts, mainly the Supreme Court, with supranational and foreign courts, indicating and discussing some cases and legislation where foreign jurisprudence is mentioned by Brazilian courts or laws. The paper concludes that there is no tradition in the Brazilian Judiciary of citing international and foreign jurisprudence. Moreover, although so far there has not been much influence of CJEU case-law on Brazilian jurisprudence or legislation, there is a great potential for CJEU influence on Brazilian Supreme and Superior courts jurisprudence as well as on the Brazilian national parliament decision-making process in the coming years, especially on issues relating to the Information Society.
    [Show full text]