Competitividade empresarial, custos trabalhistas e mercados: possibilidades e limites de reconhecimento da função concorrencial do direito do trabalho

• Ano de defesa: 2016
• Autor(a) principal: Lucena Filho, Humberto Lima de
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal da Paraíba; Brasil; Ciências Jurídicas; Programa de Pós-Graduação em Ciências Jurídicas; UFPB
• Palavras-chave em Português: Direito do trabalho; Labor law; Função concorrencial; Mercados; Competitive function; Markets; CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.ufpb.br/jspui/handle/tede/8441

The classical functions of labor law enrolled by doctrine the, the law and the specialized law does not contemplate, at the national level, the systematic evasion of labor rights as conduct enough for the environment in the event of anti-competitive behavior. As it happens, internally, debates and actions have been taken in international view, in order not to allow the labor legislation is a transnational instrument of competitiveness through the manufacturing facility in countries with weak legislation or with low enforcement of labor rules. Faced with two scenarios that deal with the same phenomenon, but with absolutely opposite treatments, this study has the general objective to research the correlation between labor costs, business competition and markets to assess whether the defense of the recognition of a competitive function is possible to labor law. The specific objectives are: a) examine the universalizing proposal of labor international standards, led by the International Labour Organization, to propose a reduced core duties applicable in all Member States, called conventionality block; b) demonstrate the fundamental interconnection of the labor cost related to profitability and obtaining markets; c) investigate how the national and international systems of antitrust face the theme, highlighting the doctrinal and jurisprudential peculiarities of social dumping in the Brazilian doctrine. In order to achieve the proposed objectives, the research uses the logical-deductive method and hermeneutic approach, which initial challenge is to establish the problematic object of research, that is, if it is possible that labor violations serve as substrate for the action of the body responsible for regulating competition. Concerning the methods of procedure, the sources are eminently laws, statistics and comparative aimed at scrutinizing the existence of a gap between the labor law and competition law in order to enable a intersectional conjugation. The documentary research considered the jurisprudence of supranational courts and local analysis of data produced by international organizations, local and foreign and Brazilian literature on the subject. As a final result, there is a competitive role in labor law disregarded the labor theory and the general competition law. It is understood also that this function is one of the many challenges posed by the legal globalization on the pursuit of efficiency in production costs by economic agents, should be exercised in the international harvest, the World Trade Organization (which apply the paradigm of ILO Core Conventions) and, in the infield, solely by the Administrative Council for Economic Defense (CADE) and the Federal Justice in cases of legalization, being prohibited in all, the analysis of the matter by the Labor Court, ex officio or on request, under penalty of contempt to the procedural principle of unity of belief.