Programa de Desligamento Voluntário (PDV) em face do entendimento do Supremo Tribunal Federal

Abstract

The present study is based on the historical analysis of Labor Law and the concept of work and its social impact throughout the time, mainly in Brazil, transiting the guiding principles of the discipline especially those that are strictly related to the theme proposed here which are: principle of protection and principle of continuity.A critical examination was made of the world economic scenario and its impacts on the economic market and labor relations to demonstrate that not only the employee has felt such consequences, but also the employer which is facing a critical situation marked by the inability to keep its costs active, due to the reduced capacity of consumption of the population.Having outlined this scenario, we proceeded to the examination of some solutions, such as: the flexibilization of labor standards and the implementation of the Voluntary Disengagement Program suggested by some companies.So excruciating is the proposed subject that the discussion reached the Federal Supreme Court.Finally, we analyzed the judgment of the Supreme Court in the face of all that had been studied: principles, workers' guarantees, involvement of the Public Prosecutor's Office and Union and other precedents in the line of the VDP