Flexibilização das garantias e direitos fundamentais atinente à nova modalidade contratual, do trabalho intermitente

Abstract

The present work had the purpose of discussing one of the most controversial issues of the ordinary legislator, which innovated in the legal labor market, when confronted with basic precepts of the form of state organization, as the Democratic State of Law. The people are the holders of power and are represented by the politicians, who institute a rule of hierarchy unquestionable to be respected by all, including, by the State, due to the principle of legality. This normative species is a parameter of validity for the others and has as a "hard core" of the issues, which can not change fundamental rights and guarantees. This was a first point to be analyzed, which was followed by the general contractual theories of ordinary law as a subsidiary source of the labor contract, when there is anomie of it and compatibility of principles and rules. Subsequently, we deal with the principles of Labor Law, we go into the contractual peculiarities, to have a legal base to reach the central scope, which is the work contract of the intermittent. With the methodology of research having as an approach the abovementioned themes, in the Brazilian scenario with the new legislation in force, subjects: worker and employer. At the same time, there was an analysis of the new labor legislation in force, of legislative, jurisprudential and doctrinal research, with the use of the comparative method of analogous cases (casual workers), as well as considerations having as a guideline the essence "of being", besides of the history of labor law