Flexibilização dos direitos trabalhistas: ações afirmativas da dignidade da pessoa humana como forma de resistência

by Goldschmidt, Rodrigo

Abstract (Summary)
The Thesis presents a theoretical construction from the dignity of the human person rescue on the philosophical and juridical areas coupling this basis to the Labour Law circumstances. The thesis construction, novel in this aspect, provides to the Labour Law the conditions to face the flexibility phenomenon, restricting or hindering its deleterious effects, rendering the dignity of the worker affirmative actions, here proposed, also in a novel way. The study is divided into four chapters linked and structured systematically. The first chapter starts from the notion of the dignity of the human person, based on parts of Philosophy and Political Science. It studies the juridical dimension of the dignity of the human person keeping up with its positivation on the international treaties as well as on the Constitution. The second one approaches the principles centre and also the contemporaneous Labour Law crisis, establishing an initial analysis on the neoliberal economic globalization and its effects on the working world. The third chapter studies the flexibility in the labour rights, coming up with connected topics such as globalization, privatization and outsourcing, trying to establish the concept and the flexibility type and its harmful effects to the Labour Law. The fourth and final chapter rescues the theoretical notions established throughout this research, defending the use of affirmative actions related to the dignity of the human person as a way to set against resistance to the harmful effects from the flexibility in the labour rights, standing out the roles that the State and Society may have on these aspects. The approach method is the inductive. The proceeding method used is the monographic. The research techniques applied are the bibliographical and documentary ones. The final result from the research makes evident that the affirmative actions related to the dignity of the human person, strictly carried out by the State, by the Civil Society as well as by the private individual, besides up dating and strengthening the Labour Law basis, are effective means of resistance related to the harmful effects from the flexibility of the Labour Law.
This document abstract is also available in Portuguese.
Bibliographical Information:

Advisor:Antônio Carlos Wolkmer; Aldacy Rachid Coutinho; Alexandre Luiz Ramos; Paulo de Tarso Brandão; José Isaac Pilati

School:Universidade Federal de Santa Catarina

School Location:Brazil

Source Type:Master's Thesis

Keywords:direitos humanos dignidade direito do trabalho globalização neoliberalismo privatização terceirização sociedade civil


Date of Publication:06/09/2008

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