Aspectos jurisprudenciais da dispensa coletiva e a análise da necessidade de negociação coletiva prévia

Abstract

The present study aims to analyze the phenomenon of collective dismissal as an institute belonging to the Collective Labour Law. The intensification of the global economic crises eventually made it more frequent the occurrence of this phenomenon in the Brazilian Labor System, making it necessary to establish a procedure to be observed by employers, given the failure of the Brazilian legislation on the subject. In this sense, one will make, initially, an approach based on the principles that underlie the Labor Law. Then we will have some considerations about the collective dismissal, highlighting the treatment given by foreign law. After, it will be made a detailed analysis of the jurisprudence of the main labor courts of Brazil, particularly in the Tribunal Superior do Trabalho on the subject, focusing on the judgment rendered in the case Embraer, in 2009, the seat of Recurso Ordinário (Ordinary Appeal) in Dissídio Coletivo No. TSTRODC-309/2009-000-15-00.4. Finally, one will analyze the need of prior collective bargaining, comparing the jurisprudential positions. From the description of the phenomenon of collective dismissal, it will be exposed arguments that reinforce the need for compliance with the principles of the Collective Labour Law, in order to demonstrate the necessity of prior collective bargaining upon the occurrence of collective dismissal.