THE COLLECTIVE INSTRUMENTS FOR THE SELF-DETERMINATION OF LABOUR LAW AS A SOURCE FOR SOCIAL SECURITY LAW / Os instrumentos coletivos de autocomposição do Direito do Trabalho como fonte do Direito da Seguridade Social

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

The social protection systems started with private assistance and evolved to public assistance, savings, mutualism, private insurance, social insurance until they reached social security. In Brazil, social security is a goal to be pursued by the Republic, whose underlying objectives are, amongst others, to build a free, just and sympathetic society, to eradicate poverty, reduce social inequalities and promote general welfare. The present study aims to show how the collective instruments for the self-determination of Labour Law can be useful for the accomplishment of such objectives. In order to prove this, it was necessary to scrutinize the sources of Law, particularly its concepts and classifications. It happens that the doctrine strongly disagrees as to the concept and even in relation to the classifications of the sources of Law, which were evidenced in the present work through the study of the national and foreign doctrines. For this reason, in order that the study could be underpinned by logic rigour, Professor Miguel Reales theory of models was adopted. Subsequently, this thesis deals with the collective instruments of Labour Law, and more specifically, with the collective instruments for the self-determination of Labour Law (collective agreements and covenants). Based on the examples granted by the Brazilian judicial system and as a conclusion of the thesis, the aforementioned instruments shall be considered, likewise, as sources of Social Security Law.

ASSUNTO(S)

collective agreement fontes trabalho seguridade social sources convencao coletiva de trabalho law social security seguridade social direito do trabalho convenção coletiva labour direito

ACESSO AO ARTIGO

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