Dissídio coletivo aspectos atuais e principais reflexos da Emenda Constitucional nº 45, de 30 de dezembro de 2004

• Autor(a) principal: Supioni Junior, Claudimir
• Data de Publicação: 2010
• 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/33730
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Direito do trabalho; Processo do trabalho; Direito coletivo do trabalho; Processo coletivo do trabalho; Sindicato; Tutela coletiva; Dissídio coletivo; Ação coletiva; Greve; Acordo coletivo; Convenção coletiva de trabalho; Comum acordo; Poder normativo; EC nº 45/2004 emenda Constitucional nº 45, de 30 de dezembro de 2004; Labour law; Labour procedure law; Collective labour; Collective process of labor; Trade union; Labour unon; Collective bargaining; Action of compulsory arbitration; Collective action; Strike; Collective agreement; Collective work; Agreement; Normative assignment of the labor court; EC No. 45 / 2004, constitutional amendment no. 45, december 30, 2004

This paper introduces the reader to the action of compulsory arbitration in Brazil on his contemporary issue, adopting a timeframe as the period following the Constitutional Amendment No. 45, December 30, 2004. The action of compulsory arbitration is a lawsuit claiming the Normative Assignment of the Labor Court to resolve a conflict of collective interests, by establishing rules and general terms and abstract that will be conducting in the context of conflicting parts. The many criticisms of the legislative power was not sufficient to extirpate this septuagenarian institute the legal system. In a recent constitutional reform, Congress opted to keep it expressed in the Constitution. The effects of this reform, however, were of such magnitude that part of the doctrine came to cry out that the legislative power no longer exists. As the author argues in this work, recent changes did not abolish the legislative powers of the Labor Court, but only created mechanisms limiting state interference in collective relations: (i) forced the Labor Court to remain attached to the points of collision between the disputants, (ii) has created a condition of jurisdiction for the bringing of the action of collective bargaining, represented by the requirement of "agreement" between the parties, (iii) honored the terms which were the subject of collective bargaining before, allowing that the Labor Court in sentencing repeat the rules just once, but preventing its perpetuation in successive collective bargaining. Although developed in four chapters, the work has a clear division. In the first part, the author explores ways of conflict resolution and collective bargaining power of the Labor Standard, through its historical background, its evolution, comparative law, the requirement of "agreement" for filing the lawsuit, closing with the critical analysis of normative power. In the second part, the author analyzes the action of collective bargaining in the strict sense, through the study of their nature, their classifications and species, the conditions of action, the procedural prerequisites, jurisdiction, procedures, concluding with the analysis of sentence normative content, its duration, its effects, revision, resources and reasonable compliance mechanisms forced the decision