O poder normativo da justiça do trabalho

• Autor(a) principal: Modolo, Bruna
• Data de Publicação: 2015
• 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/29140
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Conflitos coletivos de trabalho; Dissídio coletivo; Poder normativo; Emenda Constitucional 45/2004; Conflict collective work; collective bargaining; legislative power; Constitutional Amendment 45/2004

This paper aims to analyze the normative power of the Labor Court. It is not new that the capital labor ratio x raises conflicts between professional and economic category . For a long time the workers' demands were oppressed , until with much struggle , the working class got through union representation , achieve status collective being , for the same , compose, with the economic category , be collective in nature , their conflicts . Currently, there are many ways of solution collective labor conflicts , and it is not possible to compose the conflict the more privileged way in doctrine , by collective bargaining work , and would not a party to submit to arbitration may by mutual agreement , lead to legal for him to resolve the conflict. The collective bargaining agreement of an economic nature is the action responsible for resolving the conflict between economic and professional category , setting new conditions of work in normative judgment , responsible for externalizing the normative power of the Justice of the work. However, this institute has its origins in fascism and that in democratic countries , only resists in Brazil. It is a very controversial issue , especially after the change of Constitutional Amendment 45/2004 which reduced its scope . Thus , we will analyze its history, its struggles and its performance .