A Convenção 158 da OIT e o julgamento da ADI nº 1.625: o instituto da dispensa imotivada no Brasil à luz da Constituição de 1988

Abstract

Arbitrary dismissal by the employer is a common practice and, currently, not restricted by the Brazilian legal system. The objective of the study is to analyze the compatibility of this labor contract termination mechanism with the 1988 constitutional norms, addressing Convention 158 of the ILO that regulates the subject and has the possibility of being reincorporated into Brazil due to Direct Action of Unconstitutionality nº 1625. The social perspective of the Federal Constitution of 1988 will be addressed, as well as the evolution of labor rights in the Brazilian legal system, especially in the matter of stability, and with a focus on the principle of continuity of the employment relationship. Afterwards, it will be explored on the ILO Convention 158; its terms, the post-ratification reactions, as well as the different doctrinal perceptions surrounding its controversies. Finally, the perspective of Public International Law will be addressed regarding the institution of the denouncement of international treaties, as a basis for understanding the judgment of Direct Action of Unconstitutionality nº 1625, which has been in progress for 26 years in the Federal Supreme Court, and is nearing its end. Thus, a qualitative methodology is adopted, of a bibliographical nature and with descriptive objectives, with the use of the results classified as pure. As a result, there was a divergence between social constitutional directives and some recent aspects of Labor Law, including the possibility of arbitrary dismissal at any time by the employer. As for Direct Action of Unconstitutionality nº 1625, it was verified the prevalence of the current understanding of the need for approval by the National Congress to carry out denouncements of international treaties, which will not necessarily imply the validity of Convention 158 of the ILO in Brazil, being the effects of the judgment still uncertain.