The limits of collective bargaining from the principle of proportionality

• Autor(a) principal: Toneti de Oliveira, Pérola
• Data de Publicação: 2009
• Outros Autores: José de Oliveira, Lourival
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/10743
• topic: Protection of the employee; private collective autonomy; Unionism; Trades and legislative branches; Proportionality; Proteção ao empregado; Autonomia privada coletiva; Sindicalismo; Negociado e Legislado; Proporcionalidade.

We analyzed the apparent conflict between two constitutional principles applied to Labor Law: Protection of Private Collective Autonomy and the employee, from the tendency of relaxation of protective standards to the employee on the importance given to collective bargaining agreements and labor. Also in order to emphasize the importance that has been given to private autonomy in the regulation of collective employment relationship, whether the proposal demonstrated the prevalence of trading on the legislated standard from the draft law No. .5.483/2001 as well as rejection, given the criticism of the labor force in the country and the temerity to precarious working conditions on the principle of mitigation guard employee. Thus, it was imperative to present the position of the judiciary on the issue of Labour validity of collective agreements and conventions on the rules state. From the dialectical method, was proposed a solution to the stalemate by suggesting the adoption of the doctrine on the principle of proportionality, which proposes a weighting in the superiority that is intended to confer private collective autonomy in order to observe, above all, dignity the paper, including mandatory government rules that confer protection.