Reflexões sobre a dispensa coletiva no Brasil e seus mecanismos de controle

Abstract

The present work aims to study the protection of employment against arbitrary dismissal or without valid reason in Brazil, and especially the control mechanisms for collective dismissal. The current standards of the Brazilian legal system are analyzed, as well as the standards of International Labor Law and Italy’s relevant provisions in order to demonstrate that, by reaching a broader dimension instead of an individual level, the collective dismissal should be subject to special care and to the State’s protectionist intervention. It is shown that the Brazilian legal system prescribes the need of labor union participation in collective dismissal as a way to avoid or reduce this type of dismissal or, in case of failure, defining criteria to reduce negative social impacts. Finally, the suspension of the labor contract for professional qualification is evaluated, as laid down in art. 476-A, of the Brazilian labor law code, in order to question whether this would be a possible alternative to avoid or reduce collective dismissal.