Uma releitura do FGTS sob a perspectiva da teoria dos direitos fundamentais sociais

• Autor(a) principal: Siqueira, Carolina Bastos de
• Data de Publicação: 2013
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: http://191.252.194.60:8080/handle/fdv/252
• topic: Fundo de Garantia por Tempo de Serviço; Estabilidade; Neomarxismo; Garantia Social; Direito

This dissertation, assuming that the relations between capital and labor are fundamental in capitalist society, seeks, through a bibliographic study, analyzing the FGTS as an institute. For this, we used the premise of the neo-Marxist school that the State does not function as an instrument of the ruling class, but is autonomous enough to ensure a balance of social relations, which, without capitalism, cannot be sustained. We analyzed the institute's job stability and the change with the creation of FGTS initially optional and, after the 1988 Constitution, compulsory. We considered the social movements and their importance in the consolidation of better living conditions for the working class, verifying the role FGTS meets this process. We conclude that the FGTS brought many damages to the working class, but that the issue is not fully defined. It is up to the task of social actors seek to safeguard their interests, since the FGTS fulfills its role as guarantor of the stability of worker at times when the working class is organized and has political power to do so. However, as in most cases, it is the capitalist class that best uses his strength, FGTS works as another form of oppression of the working class. Important to mention that this research was conducted within the research line "Democracy, Citizenship and Fundamental Rights" of the Master’s Degree in Fundamental Constitutional Rights from Faculty of Law of Victoria.