Revista Eletrônica do Curso de Direito da UFSM (Apr 2017)

THE NEED(LESSNESS) OF REGULATION ABOUT THE COLLECTIVE DISMISSAL IN BRAZIL: AN ANALYSIS UNDER THE PERSPECTIVE OF SOCIAL VALUE OF WORK AND HUMAN DIGNITY

  • Nelma Karla Waideman Fukuoka,
  • Victor Hugo Almeida

DOI
https://doi.org/10.5902/1981369423705
Journal volume & issue
Vol. 12, no. 1
pp. 104 – 134

Abstract

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In the current Brazilian scenario, it is not uncommon to report the occurrence of collective dismissals involving a large number of workers. The justifications are based on factors linked to the economic situation of the country. In this context, this paper aims to examine the arbitrary collective dismissal, under the perspective of preservation of jobs inserted in the Federal Constitution of 1988, as well as the principles of social value of work and human dignity. As a method of procedure, we adopted the data collection through the technique of literature research. As a method of approach, the deductive method was used. It stands out, nowadays, the imperative need to modernize and upgrade the labor laws in face of the economic reality, in a way to face the great challenges typical to this area of law, among which the employment crisis appears to be the most complex.

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