O poder normativo da justiça do trabalho: uma análise constitucional sobre a atividade legislativa do magistrado trabalhista

Abstract

This monograph studies the exercise of normative power by the Labour Court, which happens when the judge acts as a real legislator, creating extensive legal erga omnes rules, to reach an economic end to the collective bargaining. For a better understanding of the issue, general aspects are perceived, explaining what the Collective Labour Law is and what is the role of unions as an empowering instrument of the working class in struggle for better working conditions. Thereafter, collective conflicts and their dissolution methods are studied. These methods are the self composition and the hetero composition. This work exemplifies the main forms of each. After the means of composition of collective conflicts are shown, the essence of the work is emphasized, demonstrating what the normative power is and its evolution in the Brazilian legal system. Furthermore, it approaches the existence of limits to the exercise of that power, showing that doctrine and case law diverge because of the modifications in the Constitution brought by the legislator.