Análise constitucional do requisito do comum acordo para a propositura de dissídio coletivo econômico

Abstract

This work intends to verify the constitutionality of the requirement of common agreement for the proposal of collective bargaining of economic nature brought by the Constitutional Amendment n. 45 of 2004. Furthermore, it analyzes the repercussions of said amendment on the normative power of the Labor Justice. This study was developed using the theoreticalbibliographic methodology. The need for researching the matter is justified by its social impacts, as the requirement of common agreement frequently leads to the impossibility of appealing to the Judiciary to solve the litigation. In such a case, the State cannot exercise one of its most needed attributions to society: the jurisdiction which role is to reestablish the social peace. At the end of the research, it concludes that the Labor Courts, that cannot ignore the will of the derivative legislator, conceive the common agreement as a procedural presupposition, though interpreted in a flexible manner, in order to enable the access to justice and social pacification. It also concludes that the demand for the common agreement to the establishment of collective bargaining represents an unreasonable limitation to the fundamental right of irremovable jurisdiction, therefore being unconstitutional.