O poder normativo da justiça do trabalho após a emenda constitucional N. 45/2004

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The normative power of the Brazilian Labor Justice System has suffered considerable change after the enactment of the Constitutional Amendment No. 45 of December 8th, 2004, which was responsible for introducing, to the Brazilian legal system: the requirement of previous mutual agreement among the parties for the filing of suits regarding economic collective labor conflicts; the impossibility for Labor Courts to establish new working rules and conditions; and limitations of judicial decisions reached in regards to collective conflicts pertaining to minimum legal provisions for work protection, as well as those previously settled. The modern trends of the total union freedom bear a direct relation with the changes in the normative power introduced by the Constitutional Amendment No. 45/2004, since they are representative of the valuation in free union activity, inclusively within the company itself, aiming at favoring collective negotiation in lieu of the obsolete heterogeneous techniques for solving labor disputes, such as court solutions. Such conflict result is the confirmation of the extinction of the Labor Justices normative power, since the promulgation of the Constitutional Amendment No. 45/2004, which provided for the rewording of Art. 114 of the Federal Constitution of the Republic and privileged collective negotiation, thus creating new conditions for the filing of suits and further expanding the limits of jurisdictional decisions which from then on are classified as limited judicial arbitrage

ASSUNTO(S)

justica do trabalho -- brasil emenda constitucional n. 45 direito do trabalho extinction of the labor justices normative power extinção do poder normativo da justiça do trabalho constitutional amendment no. 45

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