Demissão em massa

Abstract

This dissertation is about collective dismissal. The precedent decisions, based on the ensuring of the constitutional principles of the worker, such as the human dignity and employment protection, discussed about the legality of the dismissal of a large number of employees in a short period. The methodology applied to the develop this dissertation was the searching in different bibliographic resources, as a doctrine, court decisions, scholarly articles and also in law journals. The study was divided into three chapters. The first is about the concept of collective dismissal and brings up the discussion about its distinctions to “multiple” dismissal and individual dismissal. It mentioned that the collective dismissal occurs when a number of employees is fired for just one reason - technological, structural or economic - which is not related to an act or omission them. Moreover, it was previously mentioned about the courts decisions that considered a prior collective bargaining necessary for validity of collective dismissal. The second chapter addresses the issue collective dismissal regulation in Brazil, since law does not regulate it until now. At the end, passages of the most relevant court decisions are transcribed and commented. These decisions on mentioned that a collective bargaining is considered a requirement and stated the appropriate legal instrument to contest the collective dismissal