Dispensa coletiva: uma análise da desconstrução da jurisprudência consolidada do tribunal superior do trabalho pela reforma trabalhista

Abstract

It’s analyzed the collective dismissal in Brazil, comparing the consolidated jurisprudence of the TST and the Labor Reform. The objective is to verify the aspects of the employment contract, observing the tuitive principle, that is, protection of the worker, as the foundation of the classic construction of Labor Law, and the hyposufficiency of the employee, even in the collective scope, that is, in collective bargaining . This research is justified in the fact that was observed the Backlash effect in relation to the consolidated case law of the TST on collective dismissal, since the labor reform adopted parameters diametrically different from those jurisprudentially consolidated for said dispensation, giving more freedom to the employer when he decides to terminate a big number of labor contracts. For the study, by means of bibliographic research, we analyzed the relevant Brazilian cases of Embraer, the Rabelo Group and Laureate Universities Inc., as well as the European Union rules on collective dismissal. It was concluded that it is necessary to regulate the collective farewell in Brazil, establishing criteria of protection to the worker, with the purpose of safeguarding the constitutional guarantees.