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Normative power and the consolidation of Brazilian labor court

The history of jurisprudence about collective labor law

Bibliographic Data

ID4464072
AuthorsAlisson Droppa (0000-0001-6568-9871, Universidade Federal de Pelotas, corresponding author)
Year2016
Volume22
Issue40
Pages220-238
Publication date2016-07-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueTempo (JOURNAL)
Journal identifiersISSN: 1413-7704 • E-ISSN: 1980-542X
PublisherTEMPO (PUBLISHER)
DOI10.20509/tem-1980-542x2016v224001
OpenAlexW2548841289
LanguageEN

In this essay we analyze the normative power of labor law, its application and the attempts to change it over the years, among the period between 1945 and 1964. The institution normative competence can be briefed as the power of elaborating "general and abstract rules" for collective labor law, applied exclusively in concrete cases, to professional and economical categories in litigation, according to 1946' s Brazilian Constitution. The period is known by the increase of industrialization and workers' migration from the country to the urban areas. One of the consequences of this phenomenon was the increase in the number of workers hired according Consolidao das Leis do Trabalho (CLT), a law created in 1943 to guarantee certain rights for the workers. We selected a number of collective bargaining agreements regarding questions such as increase of the salaries and social benefits, better work conditions, work vinculation and union trade representation. With the research we could better comprehend collective dynamics of the demands made by trade unions for the labor law, as well as the multiple variables put in action by workers and employers aiming to have their own thesis recognized, especially when the subject was the increase of wage

Economics · Jurisprudence · Labor history · Labor relations · Labour law · Law and economics · Legal history · Normative · Political science · Sociology · Brazilian Legal Issues · International Labor and Employment Law · Labor Movements and Unions · Law

Citation velocityhistorical
Highly citedNo

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Open DOIOpen Access
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