A SUBJECTION TO œANY SERVICE COMPATIBLE WITH PERSONAL CONDITION THE SOLE PARAGRAPH OF ART. 456 OF THE LABOUR LAWS READ FROM THE PERSPECTIVE OF LAW AS INTEGRITY
Main Article Content
Abstract
The research problem of this article is to answer what a reading of the sole paragraph of art. 456 of the Consolidation of Labor Laws would look like based on Ronald Dworkin™s Law as Integrity. It was considered that the provision only fits and justifies the practice in which it is inserted if it is read in such a way as to prioritize the degree of protection that labour legislation aims to guarantee. The research was carried out using a literature review to build premises, and the deductive method to formulate the thesis defended by the study. Considering the provision in the abstract, it was concluded that Labor Law originated to make free enterprise, well-being, and social justice compatible, and that without the protective-rectifying idea, Labor Law would not be historically and scientifically justified. Based on the analysis of specific cases, it was concluded that the application of this paragraph, to adapt to and justify the legal practice in which it is inserted, should be restrictive, pro-worker, unlike the way it is currently interpreted.
Article Details
I (we) submit this article which is original and unpublished, of my (our) own authorship, to the evaluation of the Dom Helder Journal of Law, and agree that the related copyrights will become exclusive property of the Journal, being prohibited any partial or total copy in any other part or other printed or online communication vehicle dissociated from the Dom Helder Journal of Law, without the necessary and prior authorization that should be requested in writing to Editor in Chief. I (we) also declare that there is no conflict of interest between the articles theme, the author (s) and enterprises, institutions or individuals.
I (we) recognize that the Dom Helder Journal of Law is licensed under a CREATIVE COMMONS LICENSE.