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Pontificia Universidade Católica Do Rio Grande Do Sul Faculdade De Direito Programa De Pós-graduação Stricto Sensu Mestrado Em Direito
| Content Provider | Semantic Scholar |
|---|---|
| Author | Saraiva, Carolina Zenha |
| Copyright Year | 2013 |
| Abstract | The following study analyzes the labor dispute resolution methods, both the traditional and the alternative ones, including arbitration. It seeks to find out whether arbitration can be considered an adequate, efficient, quick and economic alternative method in order to solve collective labor disputes in Brazil. Its theoretical fundamentals are based on the idea of legal pluralism, which allows, in the context of the Democratic State of Law and of the Systemic Law Theory, the existence of multiple means of solving disputes in society, methods which are later legitimized by social groups. Introducing this issue, the study defines and characterizes collective labor disputes – both economical and juridical – and describes strikes and their legal and social consequences. It also presents the history of the different types of State, defining the systems that can be adopted by Labor Law, and affirms that the fundamental rights of access to justice and of reasonable duration of proceedings must become real. Examining the development of arbitration in Brazilian and foreign legal systems, it examines the myths, advantages and disadvantages concerning the utilization of arbitrators in solving collective labor disputes in Brazil. The dissertation also studies public arbitration, the normative power of labor judges, the role of the Labor Public Prosecution Service and the 45 Constitutional Amendment, from 2004. Lastly, it analyzes an arbitrational sentence which solved a collective labor dispute between a Port’s employers and workers. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | http://www.dominiopublico.gov.br/download/teste/arqs/cp151750.pdf |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |