| dc.description.abstract | The Federal Constitution, in Article 1, sections III and IV, lifted the work as the foundation of
the Federative Republic of Brazil, including work as a social guarantee in Article 6, listing in
its Article 7 minimal guarantees role with respect to social rights of workers. Although
elevated to constitutional rights, these social rights of workers have in the judicial
interpretation of the characteristic elements of the employment relationship, sometimes a
mismatch with the legal and constitutional order, when, in deciding not ponder such elements,
causing damage economic and social benefits to all workers, thus affecting the very
constitutional basis of worker protection, there is therefore situations in which there must be
part of unavailability of rights by the employee. Therefore, identifying the characteristic
elements of employment, means allow immediate legal finding about possible illegality
perpetrated by the employer, precisely because the sentence recognizes be merely declaratory
noting, therefore, the elements that make up the juridical system normative in order to
establish the characterization of employment in step with the effective observance and
guarantee of social rights and therefore the employer's performance limiter as pertains to
hiring and employee dismissal. This point is it's main element of this work, which is
fundamental for the exegesis of the theme to limit the autonomy of the will. There is no
denying, therefore, the need to extend the effects of these guarantees in the employment
contract. In this context, therefore, jumping the guarantees of employees, embodied in
particular in the Consolidation of Labor Laws, and especially in the Federal Constitution and
international protection instruments to ensure the fundamental right to secure employment
relationship, where technological advancement, social and economic, reflect directly, such as
the parassubordinação, and claiming more and more systematic resolutions, especially when
evidence gaps' values, which elevate the debate about the need for increased use of
precedents of order to support the judgments, often beset with aspects of unconstitutionality,
all in compliance with the integration of standards, seeking legal enforcement of this bond
and providing legal certainty, there emerged, so the essence of the theme: discuss to what
extent the distortion of employment limits the effectiveness of social rights and what its legal
effects, since the constitutional standard for social guarantees protects equally worker
admission. | |
