Eficácia dos direitos fundamentais de liberdade individual nas relações jurídicas trabalhistas
This thesis analyzes the broad doctrinal and jurisprudential adherence in Brazil to the thesis of the horizontal direct efficacy of fundamental rights (Drittwirkung) in labor relations and discusses the possibility and consequences of adopting a different understanding. The examination of the que...
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| Formato: | Dissertação |
| Idioma: | por |
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Brasil
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/26561 |
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| Resumo: | This thesis analyzes the broad doctrinal and jurisprudential adherence in Brazil to the thesis of
the horizontal direct efficacy of fundamental rights (Drittwirkung) in labor relations and
discusses the possibility and consequences of adopting a different understanding. The
examination of the question starts with the recognition of the objective dimension of
fundamental rights and its corollary radiant effect in view of the phenomenon of the
constitutionalization of the legal system, debated in the States of Law since the second half of
the twentieth century. Trying to reject the results that may be considered acceptable and correct
due to the prevalence of political or ideological conceptions, but that disregard its construction
and necessary theoretical adequacy, the research is based on the dogmatics of fundamental
rights and not legal-labor dogmatics. Therefore, it does not justify the protection of the worker
in the legal position that he holds before the employer, but in the state duty of non-intervention
or action to prevent abuses, discrimination and illegalities in labor relations in which there is
violation of individual freedoms. |
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