Decretação da nulidade de atos jurídicos de terceiros pela administração pública no âmbito da fiscalização do trabalho.

• Autor(a) principal: Souza Júnior, Francisco Clézio de
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/55220
• topic: Nulidade; Fiscalização do trabalho; Poder de polícia; Princípio da legalidade

This study seeks to evaluate the possibility of the Public Administration, in its labor inspection activity, imposing the nullity of juridical acts of private individuals when exercising their police power. Through bibliographic and legislation research, aspects of the division of powers of the State are brought and, in special, the characteristics of the jurisdictional and administrative functions. Within the scope of the administrative function, police power is described, with emphasis on its evolution to the modern paradigm compared to the liberal model that prevailed at the foundation of the State with rule of law, punctuating the effects of this evolution on the understanding of the principle of legality. The main rules that govern the labor inspection activity are listed, from which then are defined the attributions of such state activity. The relation between the labor inspection activity and Labor Law and its principles is established. Through research of the Tribunal Superior do Trabalho jurisprudence, it is raised the points usually made explicit as obstacles in imposing nullity of juridical acts of individuals by the labor inspection. Then, using the dialectic and deductive methods, approaches that prescribe the limitation of labor inspection in imposing the nullity of acts of private individuals are confronted in view of the principle of legality and the competence of jurisdictional activity. It is shown the characteristics of the police power and, in special, of the labor inspection activity, that would allow intervene in juridical interests of private individuals and impose the nullity of their acts. In the end, the study concludes that it is possible the labor inspection to impose the nullity of juridical acts of private individuals.