Crise econômica, dispensa coletiva & preservação de empregos
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2010-06
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Migliora, Luiz Guilherme Moraes Rego
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As a consequence of the global financial crisis that initially took place in the United States in 2008 and afterwards affected great part of the world markets, collective dismissals occurred in several enterprises in Brazil – as in the case of Embraer. In face of that, this work intends to analyze the collective redundancies collating employment preservation in accord with the standards of the 1988 Federal Constitution. Therefore, the legal mechanisms provided by the Brazilian labor’s legislation and the decision by the Courts that constitute the precedent for Embraer’s case will be presented. In time, alternative forms to avoid collective dismissal existent in Brazil’s Labor Code will be presented, and solutions available in Comparative Law will be exposed. From the previous analyses, the labor bill discussed in the House of Representatives will be criticized and indicated the possible response to the legislative omission in our legal system in light of constitutional norms.