“A ferramenta de um homem é a arma de outro”?: a demissão consensual como instrumento trabalhista para solucionar conflitos frente aos princípios constitucionais

Abstract

The Labor Reform has brought many relevant innovations that have totally altered the labor relations, with greater autonomy granted to the involved people to conduct the employment contract through individual deliberations, one of the main points that base the reform. One of the novelties that consistently demonstrates this intention of the legislator to give preference to the negotiated over the legislated was the new possibility of termination of the employment contract by a simple distraction, that is, a consensual dismissal, which comes from a common agreement between employee and employer. This new possibility has generated a lot of doctrinal debate about possible benefits and harm that this modality can cause in the employment relationship, especially regarding workers’ rights. In view of this, this monography aims, through bibliographical and documentary research, to study the institute of consensual dismissal, its practical implications in the employment relationship and the criticism stemming from the protection of workers’ rights. Through this study to be developed it will be perceived that, as much as the premise of the legislator to prioritize the autonomy of the involved people, so they could reach a common agreement of dissolution of the beneficial contract to both, in practice, this possibility opens room for abuses that can be committed by the employer, since he can conduct this negotiation only in order to pay less labor funds.