OS DIREITOS FUNDAMENTAIS DO TRABALHADOR COMO LIMITE AO PODER DO EMPREGADOR

Abstract

The present study aims to shed some light on “the fundamental rights of the worker as to limit the power of the employer.” This subject has prompted jurists all over the world and boasts timeless character. After analyzing the concept and the scope of the notion about fundamental rights, their historical development, efficacy and universalizing tendency of the implementation of these rights, turns attention to fundamental rights in the employment relationship and the power of the employer. This research evidences the necessity of recognizing the fundamental rights respect in the employment relationship as a sine qua non condition to the worker dignity and the appreciation of the employees work. Based on this presupposition, the object of analysis is the limitation on the powers of the employer for the fundamental rights of workers this limitation existing in all levels of the employment relationship: precontractual period, the length of the labor contract and even after the end of the labor agreement. Also mentioning the legitimacy of the employer powers, considered by some as an exercise of a fundamental right, it is noted the priority given to the rights that ensure human dignity of employees in case of conflict between these powers and the fundamental rights of workers. Understanding how inevitable a collision is, it‟s a reflection of ways to harmonize the conflicting interests. It was used as methodology the bibliographical research.