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A garantia fundamental do Direito ao Trabalho : uma breve análise do processo de tomada de decisão no curso da elaboração legislativa.
| Content Provider | Semantic Scholar |
|---|---|
| Author | Santos, Carlos Victor Nascimento Dos Khattar, Semirames |
| Copyright Year | 2018 |
| Abstract | The purpose of this study is to demonstrate the need of studies and researches can demonstrate the dynamics occurring in the drafting of law. Based on the defense of the necessity of implementation of the decision-making process in the political choices made by legislators, was used as an example the deliberation that allowed the Rights at Work were inserted in the list for the Fundamental Rights and Guarantees, and not in Social and Economic Order. By means of careful reading of the Annals of the Constituent Assembly of 1987-88, was possible to infer the possibility of identifying motivations exposed in speeches by legislators to justify their positions about the matter appreciated. After, it was highlighted the possibility to anticipate the consequences of policy decisions by understanding the dynamic of decision-making occurred in the legislative process, besides that to indicate possible understandings of the rule in question when faced with a hard case, facilitating the understanding and applicability of a specific law or constitutional rule and promoting clarity in the public deliberations. For this purpose, the study suggests that the analysis of decision making is made before the approval of the law, constitution or constitutional amendment, doing not only an exegetical analysis, hermeneutics, argumentative or behavioral, but also historical and political. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://www.repositorio.ufop.br/bitstream/123456789/11278/1/ARTIGO_GarantiaFundamentalDireito.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
