FROM DEBATE TO LAW: STATUE OF LIMITATIONS AND FREEDOM OF ASSOCIATION IN THE MAKING OF THE BRAZILIAN 1988 CONSTITUTION / DO DEBATE À POSITIVAÇÃO: A PRESCRIÇÃO E A LIBERDADE SINDICAL NO PROCESSO CONSTITUINTE DE 1987/1988

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

02/09/2011

RESUMO

In this thesis, we seek to investigate all decision-making process - suggestions, considerations and concessions - on the implementation of worker¿s social rights in the Federal Constitution, specifically with respect to the five-year limitation period provided for in Article XXIX of the. 7 and the union structure, as laid out in Article 8. The aim is thus to offer a contribution that will serve for future historical and political perspectives of interpretation of the cold letter of the Constitution in relation to Articles 7 and 8. From the documental study that allows to understand the dialectical process that led to the promulgation of the final text of the Brazilian constitution, shall review the initial proposals, the discussions that demonstrate the clash of forces progressive and conservative and finally, the criticism of the final design that resulted from this long and rich legal, social and historical process. In most debates about constitutional interpretation, we start from the constitutional text. The scope of this paper is to seek the genesis of positive law in CF/88, taking the constitutional process as a landmark for the systematic research on the effectiveness of the social rights in Brazil.

ASSUNTO(S)

constitucional law prescricao lapsing direito do trabalho labor laws and legislation direito constitucional constituicao de 1988 1988 constitution

ACESSO AO ARTIGO

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