Arbitrary Dismissal in Light of Fundamental Rights

The purpose of this paper is to analyze arbitrary dismissal or dismissal without just cause in the Brazilian legal system and the fundamental rights violated by the common practice of this type of dismissal. This paper also demonstrates possible measures to curb this practice, detailing the social and fundamental right to work, as well as the constitutional principles of protection and continuity of the employment relationship. It also seeks to explain the applicability of Convention No. 158 of the International Labor Organization, which prohibits arbitrary dismissal, and to demonstrate the position of the higher courts' jurisprudence on the subject in question.

Autorentext

Lawyer, partner at the law firm Quintana & Oliveira. Criminal Conciliator of the Court of Justice of Rio Grande do Sul. Graduated in Law from URCAMP - Bagé/RS. Postgraduate in Constitutional Law and Labor Law and Procedure from Anhanguera/UNIDERP - Campo Grande/MS. Master's student in Law and Social Justice at FURG - Rio Grande/RS.