Labor law and the small-sized and microcompanies: one purposal of differrentiated juridical treatment / O direito do trabalho e as pequenas e microempresas: uma proposta de tratamento jurídico diferenciado

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The purpose of this study is to determine the feasibility of establishing a differentiated juridical treatment to small-sized and micro companies within the scope of labor laws. Despite this segment major importance within the Brazilian economic context, accounting for a large part of current jobs, it is in this segment that traditional paradigms of labor law such as the rigidity in the classical protectionism, and the existence of mandatory rules impose their major negative impact, ending up by boosting informality and unemployment. For the analysis of the proposed purpose, the economic context in which microcompanies and small-sized companies was examined together with the status of applicable national, international and foreign laws, and a research was conducted about its concept. The differentiation regarding the applicability of labor law regulations on existing occupational relationships in small undertakings generates, however, some impacts that were examined in light of Niklas Luhmanns systems, in addition to related doctrines and laws. In short, after the analysis of the aforementioned topics, it is concluded that it is possible to establish a juridical labor system differentiated for microcompanies and small-sized companies, emphasizing, however, that the dynamics of the law follows its own procedures which, only after verified will cause social and economic facts to become part of the juridical system

ASSUNTO(S)

teoria dos sistemas pequenas e medias empresas -- leis e legislacao -- brasil small-sized company direito direito do trabalho theory of systems microcompany direito do trabalho -- brasil empresa de pequeno porte microempresa labor law

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