O impacto da reforma trabalhista na mediação trabalhista: uma análise à luz do fim do princípio da ultratividade
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Date
2019-01-28
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Universidade Católica do Salvador
Abstract
This work is inscribed in the controversial theme of Law 13467/17, known as the Labor Reform Law and its repercussions on Collective Labor Law. Its general objective is to analyze the possible impacts that the aforementioned Labor Reform has brought to the juridical world regarding its application in Collective Mediations, in the light of the end of the principle of ultra-activity. In order to do so, a brief historical context of the collective labor law in Brazil will be made, with a view to understanding the relevance of labor mediation as a fast and efficient instrument for solving collective conflicts. In addition, a study will be carried out in order to explain the fragilities that surround the trade union movement after the implementation of the
law in question. The methodology chosen was exploratory, carried out through
bibliographical, doctrinal, jurisprudence and specific legislation research. In this way,
this article seems relevant, since it shows how much the reform can impact the
representativeness and the strength of the union movements, discouraging the
extrajudicial solutions of conflict and allowing the suppression even of fundamental
rights of the workers.
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Keywords
Reforma trabalhista, Vedação da ultratividade, Direito coletivo, Mediação coletiva do trabalho, Labor reform, Fencing of the ultrativity, Collective right, Collective labor mediation