A importância da autonomia das negociações coletivas: evolução jurisprudencial e legislativa

Abstract

This research approaches the evolution of labor law in Brazil and in the world. It explains the main principles applied in individual and collective employment relationship, as well as the way they may be evaluated. It mentions the benefits and prejudices considering a lack of ability to apply those principles to a specific situation. It shows the evolution of status of the autonomy of the collective freedom of will as with the origin of new legislation, as well as the understanding of the International Labor Organization on the matter. It is based on the need to privilege collective bargaining agreements, without excluding the State from the relations between employee and employer. It sustains that the minimum level of general rules provided by the State must be observed. It brings the debate over the phenomenon of flexibility and the correct definition of it. It also explains that flexibility is not a synonym of jeopardize labor relations, sustaining this point of view on the Brazilian Federal Constitution, and recent decisions granted by the Supreme Court. The conclusion is to encourage the collective bargaining