Post by nurnobi85 on Feb 12, 2024 8:10:53 GMT
People of this immense Brazil with the scourge of structural unemployment, which leads him to submit to all types of humiliation when looking for work to support his family, to the point of, in his definition, “ even facing a queue to register in a dispute for a place in slave labor ”. Is the worker subject to this by giving their “consent”? Obviously not. The State exists, among other reasons, not to tolerate the intolerable, to give citizens dignity and respect, to fulfill and enforce constitutional commandments and to not allow real inequality between parties to be reproduced in other social relations.
Labor Law, within this context, emerged to minimize the strength of capital in relation to labor, recognizing the State that the absolute freedom of contracting, on the part of economic power, is not truly a freedom, or as Lacordaire said, “between the between the strong and the weak, between the rich and the Dubai Email List poor, it is freedom that enslaves, it is the law that frees ”. The principles of Labor Law include the protection of the under-sufficient to compensate for formal inequality; that of in dubio pro worker; that of the most favorable standard when there is a conflict between different standards; that of the most beneficial condition.
That of the non-renounceability of rights; that of continuity; that of equal treatment and that of the primacy of reality, exhaustively evaluated by the labor law Luiz de Pinho de Pedreira da Silva, in a classic of Brazilian labor literature (in, Principiologia do Direito do Trabalho, Editora LTr, 2nd Edition, 1999, São Paulo -SP). Is it possible to have a work cooperative aimed exclusively at providing labor to business ventures (mainly for core activities), as a solution to reducing production costs? I have no doubt about the absolute illegality of the situation, violating the most elementary principles of Labor Law.
Labor Law, within this context, emerged to minimize the strength of capital in relation to labor, recognizing the State that the absolute freedom of contracting, on the part of economic power, is not truly a freedom, or as Lacordaire said, “between the between the strong and the weak, between the rich and the Dubai Email List poor, it is freedom that enslaves, it is the law that frees ”. The principles of Labor Law include the protection of the under-sufficient to compensate for formal inequality; that of in dubio pro worker; that of the most favorable standard when there is a conflict between different standards; that of the most beneficial condition.
That of the non-renounceability of rights; that of continuity; that of equal treatment and that of the primacy of reality, exhaustively evaluated by the labor law Luiz de Pinho de Pedreira da Silva, in a classic of Brazilian labor literature (in, Principiologia do Direito do Trabalho, Editora LTr, 2nd Edition, 1999, São Paulo -SP). Is it possible to have a work cooperative aimed exclusively at providing labor to business ventures (mainly for core activities), as a solution to reducing production costs? I have no doubt about the absolute illegality of the situation, violating the most elementary principles of Labor Law.