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Normative power and the consolidation of Brazilian labor court: The history of jurisprudence about collective labor law

Abstract

In this essay we analyze the normative power of labor law, its application and the attempts to change it over the years, among the period between 1945 and 1964. Te institution normative competence can be briefed as the power of elaborating “general and abstract rules” for collective labor law, applied exclusively in concrete cases, to professional and economical categories in litigation, according to 1946’s Brazilian Constitution. Te period is known by the increase of industrialization and workers’ migration from the country to the urban areas. One of the consequences of this phenomenon was the increase in the number of workers hired according Consolidação das Leis do Trabalho (CLT), a law created in 1943 to guarantee certain rights for the workers. We selected a number of collective bargaining agreements regarding questions such as increase of the salaries and social benefts, better work conditions, work vinculation and union trade representation. With the research we could better comprehend collective dynamics of the demands made by trade unions for the labor law, as well as the multiple variables put in action by workers and employers aiming to have their own thesis recognized, especially when the subject was the increase of wage.

Keywords:
history of labor law; social rights; normative competence

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