A dissolução consensual do contrato de trabalho sob a ótica do direito fundamental social de proteção contra a despedida arbitrária

Abstract

This monograph aims to analyze the provisions of article 484-A of the Consolidation of Labor Laws that were inserted into the Brazilian legal system through the enactment of law 13467/2017, which resulted in the labor reform. Such provisions deal with the institute of consensual dissolution of the employment contract and will be analyzed from the perspective of the employee's fundamental rights, specifically, the social fundamental right of protection against arbitrary dismissal. Thus, a first step was made to analyze the institute of consensual dissolution of the employment contract and its implications considering the understanding of the country's jurisprudence. Then, the protection against arbitrary dismissal in the context of the General Theory of Fundamental Rights was discussed, covering social rights and the implications of the fundametalality attributed to them. Finally, a counterpoint was made between both institutes to ascertain whether the provisions contained in article 484-A, CLT are in accordance with the constitutional precepts that deal with the prohibition of arbitrary dismissal.