O Mito da autonomia irrestrita da vontade: a falácia da liberdade contratual a amparar a hipossuficiência do trabalhador na sociedade pós-moderna
The present study‟s ration is justified for the observing purpose of the word will autonomy as an expression of the fundamental right to freedom and dignity of the employee exercise in evolutionary context of employment contracts insert on Brasilian labor legislation. The scientific problem will...
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| Formato: | Dissertação |
| Idioma: | pt_BR |
| Publicado em: |
Brasil
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| Endereço do item: | https://repositorio.ufrn.br/jspui/handle/123456789/28416 |
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| Resumo: | The present study‟s ration is justified for the observing purpose of the
word will autonomy as an expression of the fundamental right to freedom and dignity
of the employee exercise in evolutionary context of employment contracts insert on
Brasilian labor legislation. The scientific problem will be poured through the following
question: what problem the intricacies (constitutional and economic) of the autonomy
of collective will and individual work contracts after the Brazilian labor reform of
2017? The quest will be profiled with the primary objective of establishing the
negotiating autonomy will of the individual worker whose intelection is in the text of
article 444, § 1 and 507 of the CLT and the collective plan, as provision of Article
611-A, paragraph 3 whose intellection must be done with supedâneo in article 8,
paragraph 3, both of CLT, requiring na analysis of both he prospect of autonomy
above established as focus through by the prism Constitutional principles of work. The
research will develop through the namely specific objectives: to debug the concepts of
freedom) dignity and work to achieve a common central element establishing the core
of the constitutional text delimit the autonomy of will in contracts of employment; b)
check whether the protective grandfather fundamental rights for workers fluctuates
under ideal economic; c) Analyze the change in understanding of the SUPREME
COURT in cases: RE 590415-5 SC (152 Theme of STF), and RE 895759 to reflect on
the construction of ensejadoras of labor Reform guidelines operated in 2017; d)
Demonstrate the current paradigm to move the pendulum protective constitutional
fundamental rights of the worker to an axis of unrestricted freedom of both poles of
the employment relationship. The methodology is developed through a dialectical
deductive study that part of the concepts by interdisciplinary way among the
philosophical, sociological and economic thougth to achieve the concrete situations
closed in the construction labor reform. The result points to an inconsistency of the
labour reform entered dictates values principiológicos enshrined in the constitutional
text. In spite of the paradigmatic modification in the understanding given by the
Constitutional Court of Brazil, the assumptions included in the cases mentioned above
serve only as parameters of the put, not serving a priori, as vector Guide and modify
the fundamental labor rights protective shaft. |
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