Aplicação do princípio da progressividade e do princípio da vedação do retrocesso às convenções e aos acordos coletivos de trabalho: proposição à luz da teoria geral do direito de trabalho

Abstract

The objective of this study was to apply the principles of progression and non-regression to collective labor agreements and conventions in order to determine their material limits and restrict collective private autonomy, especially in view of workers socio-legal advances andthe promotion of human dignity. The study was founded on elements derived from the general theory of law, whether inherent in the legal system or in legal rules, interpreted mainly in light of the doctrine of Norberto Bobbio and Miguel Reale. The study attempts to provide acomprehensive standardization of the instruments pertaining to collective labor negotiation, both in the interdependent and complementary perspective: as a component of labor legislation and as source of legal rules expected to meet the general criteria of efficacy, validity and justice- especially social justice. In this context, the dogmatics and principles ofLabor Law are indirectly reaffirmed in an attempt to restore the essential finalistic genesis of Labor Law: the protection of the worker in order to foster progressive improvement (uninterrupted and non-regressive) of the terms of social and economic contracts