A boa-fé nas negociações coletivas trabalhistas
AUTOR(ES)
Eduardo Pragmácio Filho
DATA DE PUBLICAÇÃO
2010
RESUMO
The objective of this study is to indicate the changes that had occurred in the world of employment due to the shift from a fordist-taylorist model to a toyotist model of accumulation of capital and the implications these changes made in laws that regulate social relations, i.e., the passage of rigid and detailed laws by the State to more reflective and negotiated rights. Collective Bargaining in this context of changed paradigms necessitates labor laws created by the persons involved in conflict, in a Democratic State of Law that already foresees negotiated flexibilities, adaptations and solutions. However, the change of attitude of those involved in collective bargaining is criticized in the present time, since the fundamental rights that are effective in the private sector are the new goals for overall performance. The general clause of good-faith is the "front door" for the spread of fundamental rights, and can fully be applied in collective bargaining; this implies that the duties to inform, to bargain and of secrecy should be a two-way street
ASSUNTO(S)
goodfaith duty of secrecy duty to bargain boa-fé objetiva direito do trabalho collective bargaining direitos fundamentais dever de informar fundamental rights dever de negociar dever de sigilo direito trade unions negociação coletiva labor law sindicato duty to inform
