Artigo



Dados vol. 49 n. 2 Rio de Janeiro 2006

Negociações coletivas e o poder normativo da Justiça do Trabalho

Horn, Carlos Henrique

Resumo

The article describes the exercise of normative power by the Brazilian Labor Court System and examines the possible consequences of rulings by the Superior Labor Court (TST) on collective bargaining in the 1980s and 1990s. The case law of the TST, consolidated through normative case precedents and other instruments, is analyzed by constructing indicators to evaluate the Higher Court’s approach. The results demonstrate a significant change during the 1990s, when the TST increasingly declined to rule on collective agreements, after having taken a more proactive line in the 1980s. The article suggests that during both decades the approach adopted by the Superior Labor Court had an affect on the collective bargaining process.

Palavras-chave: labor relations; collective bargaining; normative power of the Labor Court System; trade unions.

DOI: 10.1590/S0011-52582006000200006

Texto completo

Negociações coletivas e o poder normativo da Justiça do Trabalho