Da máxima preservação dos direitos fundamentais na dispensa coletiva e o papel ativo do Estado

• Ano de defesa: 2014
• Autor(a) principal: Zavanella, Fabiano
• Orientador(a): João, Paulo Sérgio
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: Direito do Trabalho; Dispensas coletivas; Garantias fundamentais; Procedimentalização; Papel do Estado
• Palavras-chave em Inglês: Labour Law; Collective layoffs; Fundamental guarantees; Proceduralizing; Role of the State
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/6499

This thesis aims to study the phenomenon of collective layoffs, its impacts, the treatment it receives in our system and in other countries of relief on the world stage, emptying the suggestion proceduralizing this business as with emphasis on the role that the State should play and not do it satisfactorily. Firstly, faces the question of how termination of the labor contract, their ratings and discussion of the self - application of Article 7 I of the Federal Constitution regarding the sealing of layoffs, its conceptualization and differentiation Call dismissal without cause, then passing itself to address the issue of substance which are the collective layoffs and treatment that doctrine, though scarce tell true exemption for the construction of its definition and scope. After this necessary overview, the work focuses on the issue of so-called fundamental rights incidents in the sport, to demonstrate the importance of each, especially the dignity of the human person, the solidarism, good faith and its accompanying duties and the conjunction of free enterprise from the perspective of the social function of the company, and as such should be read or treated in any principled application, the discussion of collective layoffs when required, by the logic of poisement and what is in fact the current view on not only the also most important application of the principles to the present case. Next step it is a scan models comparative law and also in the main EU standards and ILO, with emphasis on recent Spanish legislation on collective dismissals and what of value can help us in internal confrontations. Forward the study turns to the domestic legal framework and demonstrates the fragility, lack of regulatory treatment of corporate layoffs, despite the express constitutional provision, must not be a subterfuge for the judiciary to shrug delicate issue that bears a huge weight and social, and that therefore bailing out from the application of the principles previously exploited should, as indeed has been doing, their disciplinary steps and evaluate its effectiveness. Finally practical situations and demonstrate that the proposed sealing regulanting collective layoffs, in particular, called the case are brought Embraer, then going for - proposals and suggestions proceduralizing through specific legislation should provide for all the maximum possible formal situations and materials for assessing whether a collective dismissal is lawful or unlawful, closing with the active role of the front of this debate, which is nonetheless generate social ills, and the possibilities for state action to avoid or minimize impacts act of this business