PRIOR UNION INTERVENTION IN MASS DISMISSALS

REFLECTIONS TOWARD AN EFFECTIVE PROTECTION OF RIGHTS

Abstract

This article addresses the legal consequences of non-compliance with the requirement of prior union intervention, established by the Federal Supreme Court in the thesis established in the judgment of Theme 638 of the General Repercussion, in mass dismissals, and the possibility of reinstatement of dismissed employees as a measure capable of giving greater effectiveness to the fundamental rights protected by the binding precedent arising from Theme 638 of the General Repercussion. Based on bibliographical research, legal institutes of labour law and procedural law are discussed, decisions of the Superior Labour Court (TST) and the Brazilian Federal Supreme Court (STF) are analysed, concluding that the reinstatement of dismissed employees can be a measure capable of giving greater effectiveness to the binding precedent of the STF and the fundamental rights protected by it.