NDLI: A Conduta Antissindical Do Supremo Tribunal Federal: Reflexões Acerca Do Recurso Extraordinário 693.456/rj

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A Conduta Antissindical Do Supremo Tribunal Federal: Reflexões Acerca Do Recurso Extraordinário 693.456/rj

Content Provider	Semantic Scholar
Author	Muçouçah, Renato De Almeida
Copyright Year	2017
Abstract	The present study aims to analyze the anti-union conduct present in Extraordinary Appeal 693.456 / RJ, recently judged by the Federal Supreme Court. To do this, the study starts with the analysis of freedom of association as a fundamental right, with the strike as one of the possible forms of action of workers' representation entities. In the wage society, where practically everyone survives by means of the remuneration derived from their work, the absence of payment by the employer while his subordinates legitimately exercise the right to strike removes the essence of this fundamental right. In a more detailed analysis of normative instruments, brazilian doctrine and jurisprudence, it is possible to verify that the decision taken by the Constitutional Court is fraught with anti-unionism, in its broadest concept. In addition, it intends to study the unfolding of the right to freedom of association, and the way in which such an institute has been treated by the Brazilian State, including the right to strike. To this purpose, was used sought the hypothetical-deductive study of the existing issues in the gaps of Brazilian law, via deductive analysis of specialized books on the subject and the alternative answers they submitted. Also analyzed inductively, some tried to keep thematic pertinence on the subject. Other hand, the formal dialectic and comparative law allowed to arrive at the most plausible conclusions regarding the anti-unionism practiced by the State in Brazil.
Starting Page	358
Ending Page	377
Page Count	20
File Format	PDF HTM / HTML
DOI	10.5585/580
Volume Number	17
Alternate Webpage(s)	https://www.indexlaw.org/index.php/rdb/article/viewFile/3142/2830
Alternate Webpage(s)	https://doi.org/10.5585/580
Language	English
Access Restriction	Open
Content Type	Text
Resource Type	Article

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