A relevância social do intervalo intrajornada: riscos e limites da flexibilização das normas trabalhistas voltadas à jornada de trabalho e o princípio da dignidade da pessoa humana

• Autor(a) principal: Dias, Pablo Christian
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/27277
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Direito do Trabalho; Jornada de trabalho; Intervalo intrajornada; Labor Law; Working hours; Intravenous interval

The complexity of contemporary societies and the new social risks that accompany the process of globalization bring the theme of flexibilization of labor standards to the center of current political and doctrinal debates, in particular, aimed at easing the working hours and their respective intervals. In this context, an employment relationship characterizes an asymmetrical relationship: on the one hand the subordination of the employee and on the other the power of management of the employer, which can give rise to the violation of fundamental rights, even through the labor contract itself. Considering that, the relationship between employee and employer directly involves the promotion of the Principle of Human Dignity, which is enshrined in section III of article 1 of the Constitution as the foundation of the Federative Republic of Brazil, and unifies every system of fundamental rights, It is of fundamental importance to assess whether labor relations are in line with the objectives and values demanded by a Social and Democratic State of Law, which has as one of its pillars the protection and promotion of fundamental human rights. Based on these findings, and with the insertion of the new legal prognoses that have been developing in the present day, the theme regarding the intervals destined to the rest and meal during the working day come every day being related more with the studies of Medicine And Labor Security, which, by their very nature, take immense legal proportions in the daily life of the whole society. The present research aims at discussing such intervals and their relationship with the reality of work lived by each category, seeking to clarify points of great importance about the institute, such as: historical survey of the theme; Its emergence, development and how it presents itself in the present; Its concept and classification; Legal nature; goal; Possibility or not of their flexibility; And, mainly, the direct and indirect consequences for the worker, the employer and the company itself, in the case of flexibilization for not granting, reducing and suppressing the intervals guaranteed by Law. It was also sought to analyze the current doctrinal understanding and current jurisprudential positioning on the subject, in particular the Superior Labor Court, as well as the analysis and focus on the possibility of flexibilization of this Constitutional Guaranteed Law and its respective modification through instruments of Collective Bargaining Convention, especially if they overlap with their own legal guarantees