Garantia de emprego no direito do trabalho brasileiro

Abstract

This study reviews the institution of employment guarantees under Brazilian Law with emphasis on Labor Law. In it, we define our understanding of the expression "employment guarantee" and its strict relationship with "tenure" in the labor sphere. The historical evolution of the instution is essential to demonstrate the reasons why Brazilian legislators chose compensation as the judicial consequence of arbritrary firing or dismissal without cause, except in rare situations. Provisional constitutional labor tenure laws and others recognized today are part of the study. Tenure in the face of AIDS and the presentation of an alternative solution looking to minimize the effects of a collective dismissal that happens in practice are important themes and reveal that there are ways to value social order. International Law demonstrates how Brazil is affected by norms established by the international community. The existence of guaranteed employment in other countries compares us to the rest of the world . The conclusion shows a system in which the guarantee of work is precarious, in which the employee is dismissed, with few exceptions, only with the right to compensation insufficient to repare the damage caused by the loss of employment, leading to the destruction of a life, or worse, in the majority of cases, of an entire fami1y. Sadly, the political and economic questions in our country are given priority, to the detriment of social problems