Colocando os direitos sociais em prática: o tratamento dado às reclamatórias individuais de trabalhadores grevistas do frigorífico Z. D. Costi (Passo Fundo/RS, 1988)

Laws are bound in a complex relationship with society as they should ideally reflect its social necessities and objectives as well as mould and influence these objectives. The regulations regarding labour relations are no different and possess an even greater social appeal than those applicable to o...

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Autores principales: Cittolin Abal, Felipe, Henrich Reichert, Emannuel
Formato: Artículo
Idioma:Portugués
Publicado: Instituto de Ciências Humanas e Filosofia. Universidade Federal Fluminense 2012
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Acceso en línea:https://dialnet.unirioja.es/servlet/oaiart?codigo=3915276
Fuente:Passagens, ISSN 1984-2503, Vol. 4, Nº. 2, 2012, pags. 328-346
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Sumario: Laws are bound in a complex relationship with society as they should ideally reflect its social necessities and objectives as well as mould and influence these objectives. The regulations regarding labour relations are no different and possess an even greater social appeal than those applicable to other de facto situations. The 1988 Federal Constitution included various workers� rights accordingly, elevating them to the condition of fundamental rights. Among these is the right to strike. This alteration in the legislation was not accepted by employers without a fight, and the present study therefore regionally analyses the impact that the right to strike outlined in the Brazilian Magna Carta exerted on two practical cases to occur in the city of Passo Fundo in the Brazilian state of Rio Grande do Sul. Shortly after the Constitution�s promulgation, employees of an abattoir participated in a strike and were promptly fired. It was up to the court to decide if the recentlyrecognized right to strike would be applied to the situation, revealing the relationship between the legislation permitting the strike, the social actors who operated in light of the regulation and the court, left to decide between different interpretations of the same law.