O conflito existe entre o poder diretivo do empregador com os direitos fundamentais do trabalhador

Abstract

The work done in monograph form, seeks a legal study of power right from the employer, analyzing its kind, as the power of organization and discipline, its characteristics as to how it is used and how is hurting the fundamental rights of the employee. Therefore, it was necessary to address the fundamental rights of the employee, drawing a bias of constitutional law with the treatment of rights in labor law. Therefore, an analysis of jurisprudence was held in the Regional Labor Court of the 10th Region, the Superior Labor Court and the Supreme Court, in order to demonstrate the impact of this issue on a recurring basis in the Brazilian judiciary. Thus, realized the social ineffectiveness of the standard, not to punish effectively the employer when the excessive practice of the governing power, since it is less costly to those the possibility of not respecting the legal dictates, with a view to lower incidence of employees who cause the Judiciary in order to seek for compensation for damages arising from the excess of the governing power. Thus, it is concluded that the full realization of the norm, is constada in the presence of the labor judiciary, and would be more practical not trigger the claimants to have their rights safeguarded.