A jurisdiÃÃo como forma de promover o direito da proteÃÃo do trabalhador, desde a teoria dos princÃpios: uma contribuiÃÃo ao debate acerca do papel do poder judiciÃrio na efetividade dos direitos fundamentais sociais

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This thesis was conceived to defend the judicial mechanisms and precedentes on workes protecting, in the context of private employment, as a way to promove the right of the workes to have State protection and, through this deal, pull over law gaps, by applying brazilian Constituionâs values, revealed in its principlesâs theory. The aim is to provide a contribution on the discussions about the judges anda courts enrolmente to make effective the social fundamental rights. The central hipothesys, confirmed at the end of the work, lies in the assertive that labour laws can contribute to improve the net of jurisdictional protection to private employment relationships or provide a lack of discussable safety to them, based on the respect to human best values and theorically commited to Robert Alexyâs Principleâs Theory, to face workes overexploration and oppression that keep taking place in the World. The source to obtain the conclusions was a deep study of brazilianâs work world that showed the todayâs interest on defending the employment as the best model to provide protection to the worker by the judge, for the Justice. This enrolment is guaranteed by brazilian laws, wich reveal an amalgama of protection to the worker citzen. At the end, the work assures that the only rational juditional activity must consider law under that perspective, in the name of citzenâs well-founded confidence and social peace

ASSUNTO(S)

direito social fundamentals wrights effective poder judiciÃrio efetividade direitos fundamentais sociais justice power

ACESSO AO ARTIGO

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