Análise dos reflexos e da constitucionalidade do tempo de espera estabelecido pela Lei 13.103/2015 no artigo 253 C, § 8º da CLT

• Autor(a) principal: Pires, Gislaine Viana dos Santos
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5745
• topic: Motorista profissional; Tempo de espera; Constitucionalidade

This monograph has as its theme the analysis of the reflexes and the constitutionality of waiting time established by Law 13.103 / 2015, which included article 235-C, § 8º, in the CLT. The main objective of this study is to analyze the constitutionality of Article 235-C, § 8 of the CLT, initially amended by Law 12,619 / 2012 and again amended by Law 13.103 / 2015, which came to remedy the problems brought by the first legislation. In order to achieve this objective, the method of monographic and comparative procedure was used, as well as the method of deductive approach, with the accomplishment of bibliographical research that covered the legislations, doctrines and jurisprudence related to the subject. The doctrinal research used was based on authors such as Nascimento (2011), Barros (2016), Paulo and Alexandrino (2010), Carvalho (2011), Cassar (2014, Delgado (2014) and Martinez (2016) among other renowned jurists. Thus, as a result of the research carried out, initially, it addresses the Labor Law, presenting the subjects of the employment relationship and the requirements of the employment relationship for its legal validity. Later, it is discussed about the concept and characteristics of the activity of professional driver, presenting the legislations that govern this profession. It is also discussed the time of direction and the form of control of the driver's day. Law nº 13.103 / 2015, demonstrating the damages caused to the workers in light of the principle of the dignity of the human person. Closing the research, the analysis of the Direct Action of Unconstitutionality of 5322 and the decisions of the Superior Labor Court and the Regional Labor Court of the 12th Region on the subject. The research and study carried out led to the conclusion about the unconstitutionality of article 235-C, § 8 of the CLT, and the waiting time of the professional driver should be considered as effective service