Legal nature of colletive labour law in brazil

Authors

  • Rodrigo Coimbra Faculty of Law, University of Lisbon, Alameda da Universidade – Cidade Universitária, 1649-014 Lisbon – Portugal

Keywords:

Legal Nature; Collective Right; Private Law; Public Law; Effectiveness of Collective Norms

Abstract

The study of the legal nature of labor law is both complex and very relevant time. Not by chance is studied within the framework of the general theory of labor law, it is the base that supports and seeks to explain the characteristics that give themselves autonomous and contours for this discipline. Individual Plan of Employment Law is rated best-as a branch of private law. However, at the collective level, the Labour Law has certain peculiarities that lead to a different understanding. The fact that the Brazilian legal system allow their addressees parties to create legal rules, either directly or through the judiciary, reflects an “autonomous legislative function” which gives the Collective Labour Law a differentiated legal status that approximates the public.

Published

04-06-2014