Professional Documents
Culture Documents
http://arleciojr.blogspot.com/2014/03/labor-law-principles.html
At first, you need understand that the principles of Labor law are presents in the "Labor
Law Consolidation" - LLC, known from Brazil like CLT. The way to exercise this right is
across the legal process witch can be found in Civil Process Right - CPR - CPC in the
Brazil.
Other important concepts e abreviations:
a) Higher Labour Court - HLC: final court of appeal;
b) SID - Section of Individual Dissension Higher Labor Court.
1 - Principle of protection:
Renato Saraiva maintains that "the principle of protection without doubt the greatest
breadth and depth of the Labor Law, of giving to the weaker of the employment
relationship - the employee - a legal superiority able to guarantee you rights
mechanisms to protect minimum stamped on labor legislation." (Labor Law, Renato
Saraiva, p.32, 2008). Therefore, the principle of protection is intended to protect the
worker, a disadvantage in the employment relationship, guaranteeing minimum
rights under the labor laws.
2 - Principle of in dubio pro operario:
This principle is an offshoot of the principle of protection, being an adaptation of the
Labor Law in dubio pro defendant principle (in doubt to the indictee), this
predominant in Criminal Law.
Existing doubt the judge's work in applying the law, he should interpret the rule in
favor of the employee, a disadvantage of the employment relationship, which is why
he is confused with the principle of more favorable rule.
The principle in question does not apply to probationary field because it is for the
author the burden of proof as to the fact constitutive of the right, leaving the
defendant to prove the fact amending, extinguishing or impediment of the author,
arts. intelligence LLC 818 and 333 of the CPR, but let's see: Article 818/LLC. The
proof lies on the party claims that do. Article 333/CPR. The onus of proof: I - the
author, as to the fact of its constitutive law; II - to the defendant, as to whether in
fact detracts, amending or extinguishing of the author.
3 - Principle of the most favorable condition:
This principle derives from the principle of protection.
It ensures the preservation of more advantageous to the employee contractual terms
relating to the theory of the acquired right, this forecast with the art.5, XXXVI, of the