As cooperativas de trabalho como forma de intermediação de mão-de-obra e causa de subtração de direitos de trabalhadores intermediados

AUTOR(ES)

Arnor Lima Neto

DATA DE PUBLICAÇÃO

2003

RESUMO

The object of this work is focused on the treatment of the labor legal system, exempting the workmanship intermediated by labor cooperatives as a form of tercerization mostly increased on this millennium passage, and that has characterized the actual model of organization of the production. The exam of the question starts with the retrospective of the social transformations and its repercussions on the working relations through history, intending to prove the aggravation of the precariousness at work in all its aspects as a result of the new methods of factory management used inside the complex of production restructuring, that started with the crisis felt by the capitalist system of the central countries, especially in the second half of the last century, that ended up intensifying the workmanship lease by labor cooperatives. Emphasizing the value of labor and the dignity of the worker as inalienable attributes, tries to confront the basis of the liberal market economy inside the context of the globalized world with the fundamental principles that assure and establish the action of the Labor Law as an instrument of promotion and social justice, principles that also work, therefore, as orientation factors that are essential at the interpretative process of the article 442, on its only paragraph of the Labor Law Consolidation. The exposition still deals with the various international law texts about the labor cooperatives on its special form that serves to provide manpower, as well as the rules of the International Labor Organization, examining, finally, the jurisprudential position that is dominant in the country facing the consolidated labor rule and also the Law n. 5.764, of December 16th, 1971, to weave, as an ending, the conclusions achieved across the research about the subtraction of the rights of the workers inside the cooperatives, on the tercerization of the workmanship.

ASSUNTO(S)

cooperativas direito direito do trabalho

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