Negociação coletiva e segurança jurídica: efeitos e desafios do negociado sobre o legislado

Abstract

This thesis deals with collective bargaining as an effective instrument in the modernization of labor relations, through the implementation of an Extrajudicial Nucleus for Collective Conflict Resolution at the University of Vale do Rio dos Sinos - Unisinos. Collective bargaining is an important instrument in conflict resolution, in the regulation of labor relations and in social pacification by the interested parties themselves. The prevalence of the negotiated over the legislated is among the main changes promoted since the enactment of Law nº 13.467/2017, called "Labor Reform", establishing the possibility of prevalence of private autonomy in labor relations. As a result, it is questioned to what extent the creation of projects that promote collective bargaining improves the legal security of the negotiated topic over the legislated, still in the wake of the controversy of the Labor Reform? To answer the problem raised, the following hypothesis is presented: collective bargaining fostered from the implementation of an extrajudicial method of conflict resolution may be able to generate greater legal certainty in the face of the changes promoted by the Labor Reform. The research will be bibliographic (national and foreign) and documentary, from the validity of Law nº 13.467/2017, adopting as a method of procedure, the monographic and the comparative method in order to meet the general objective of proposing a mechanism that can stimulate collective bargaining and provide greater legal certainty for the regulation of labor relations, given the scenario established in the country by the validity of Law nº 13.467/2017 - Labor Reform.