A emenda constitucional nº 28 de 2000 e suas consequências para o trabalhador rural

Abstract

This work aims to study the Constitutional Amendment No. 28 of 2000, its social and economic consequences and its possible unconstitutionality. This amendment was responsible for matching the rural worker’s limitation period to the urban worker’s: their claims now prescribe in five years of his birth, in the limit of two years after the termination of the employment. Before 2000, the claims of rural employees were demandable during the constancy of the employment bond. Arose as a result of the change to the rural employee limitation system promoted by EC 28/00, doubts about its constitutionality, since it restricted the right of rural employees, what allegedly mitigated individual right or guarantee. In order to do this study it will be required, in addition to an analysis of the institutes of rural workers and prescription, with a focus on their histories, an approach to social rights and the its rules’ rigidity regarding the process of constitutional review. The methodology used in this paper is based on a descriptive, analytical and comparative study conducted on bibliographic, legislative and jurisprudential research.