As limitações impostas pelo direito à atividade econômica e a regra de igualdade nas relações entre capital e trabalho

• Ano de defesa: 2014
• Autor(a) principal: Gubnitsky, Fernando
• Orientador(a): Nazar, Nelson
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: BR
• Palavras-chave em Português: Pacto social; Economia; Capital; Trabalho; Direito das relações econômicas
• Palavras-chave em Inglês: Social Pact; Economy; Capital; Work; Law of Economic Relations
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/6545

In the state of nature, man resolved to make a social pact to organize themselves in community and live in peace with security and respect for private property. In so doing, they gave up the resource of self-sufficiency that had brought so much insecurity, civil wars and bloody disputes at the dawn of civilization. What prompted man to gather in society was the desire for respect to the human rights of each individual within the community and thus make up a prosperous and happy community. Man then founded the law , a material means through which several standards have been created with the aim of complying with these rights and imposing sanctions on individuals who refuse to adopt ( or did not adopt) the behavior expressed therein . A fundamental Charter (Constitution) was created in order to validate the legal system. Above it, and within the legal framework, there is no other rule to give it validity. This made legal theorists postulate the existence of a rule of recognition outside the legal system that would ascribe validity to the Constitutional Charter. It is the core of this rule - without disregarding other possibilities - that recognizes and determines the respect to the dignity of the human person. The approach adopted in this study acknowledges that the principle of human dignity must be respected, regardless of whether it integrates the legal system or not. The reason is that it is an integral and inseparable part of the core of the rule of recognition, which validates the system. Therefore, it would be superfluous its positivization . With the consolidation of the welfare state as the ultimate protector of full human rights, the strengthening of unions and collective bargaining in the workplace were observed. In this scenario, a class of workers united around common goals would have more power than a single individual to negotiate their working conditions with the employer, that is the one who holds the economic power. Thus, the strength of unions through the implementation of the agreements and collective conventions, materialize, along with other rules and principles of containment, the realization of the rule of equality in relations between capital and labor