Dumping social: análise acerca da atuação do Ministério Público do Trabalho no enfrentamento à concorrência desleal

Abstract

Social dumping is the repeated and deliberate violation of labor rights by companies in order to obtain undue advantages in the face of competition, the reduction of social costs and the consequent increase in profits, being accepted its practice on the brazillian extent, although its concept was born in the international context. Given this recognition and considering that the Labor Public Prosecution Office has the role of defending the legal order and collective rights, the need emerges to examine the way in which this institution has acted in facing this phenomenon. In order to do so, this research studies this phenomenon in the domestic and international scope, as well as on the functions of the Labor Public Prosecution Office. At the end, an analysis of opinions and initial petitions of Civil Public Actions filed by the Labor Parquet of the year 2016 has been made, in order to evaluate how social dumping has been classified and how the claim for compensation has been made for its practice, which made it possible to conclude that the Labor Public Prosecution Office is the main legitimized player to act in the face of internal social dumping cases, although its performance is still harmed by the lack of specific legislative provisions regarding the phenomenon studied.