Qualificação profissional e educacional: caminhos legais por meio da negociação coletiva para mitigação da desigualdade

• Ano de defesa: 2023
• Autor(a) principal: Ribeiro, Mario Luiz
• Orientador(a): João, Paulo Sergio
• Tipo de documento: Tese
• 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: Brasil
• Palavras-chave em Português: Direito do trabalho; Relação juslaboral; Trabalhador; Negociação coletiva; Igualdade
• Palavras-chave em Inglês: Labor law; Labor-law relationship; Worker; Collective bargaining; Equality
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/39282

Labor Law has in its a sui generis system: collective bargaining. Its development stems from the main actors themselves, who, through collective representation of employees and employers, have at their disposal the ability to create the set of rules that will govern them. This feature grants a significant approximation to the purest concepts of democracy, as they emanate from the will of the creators themselves. The referred purity comes from the limited interference of the State, a generator of heteronomous norms and which in case of litigation offers orders that often end in lawsuits, but without ending the origin of the disagreement. Based on this powerful tool that originally was only used to establish rules related to the labor-law relationship maintained, it has moved towards expanding through negotiation creativity and advances to broaden to application fields aimed at ensuring the effectiveness of Fundamental Rights. In a system that is expanding to offer inclusive solutions, that anticipate issues external to the work environment and which often, brought from this external space, end up being established in the spaces of Labor Law, as has been developing in the realms of agendas that are already advancing towards the third and fourth dimensions of Fundamental Rights. In the construction of this set that makes up the labor-law universe, which perceived significant advances in equality in the Brazilian Federal Constitution, it currently needs a new boost, which relates to the Right to Education and requires that collective bargaining be exercised with the purpose of offering dignity to the worker and an element conducive to promoting equality. The proposal, therefore, is that the instrument of collective bargaining be used offering workers a new vigor, to foster the dignity of the worker, and on the other hand, so that there is an increase in business activity in a constantly changing world. Concluding by giving special attention to the illiterate rural worker, one of the weakest links that can, with creativity and attentive collective negotiations, offer a toolkit for inclusion, appropriation of human dignity and emancipation, and consequently, mitigation of inequalities.