A inconstitucionalidade das normas coletivas na redução de direitos trabalhistas

Abstract

This current monograph entitled as "The Unconstitutionality of Collective Norms in Reducing Labor Rights" aims to the study of incidents arising from clauses of collective norms that mitigate or make the working rights more flexible. The aim of this academic paper emerged through the observation and study of several clauses that clearly reproach the Federal Constitution and reduce worker's rights and guarantees. There are many conflicts that go to the court system due to clauses or even collective agreements which go against to the interests of the represented people. Through a bibliographic and judicial research, I use the comparative method in order to demonstrate the applicable legislation to the case and discussing the judicial decisions already made about the subject. Initially, an historical approach is made about the evolution of the collective norms, the presentation of the concept about norms unconstitutionality, plus an overview about the collective norms structure, its peculiarities, conceptualization, collective private autonomy in labor law, sources and general aspects of the collective agreements and conventions and unconstitutional norms analysis. Finally, it is made the analysis of the court about the unconstitutionality of certain provisions or collective norms.