A efetividade da tutela jurisdicional coletiva no combate ao dumping social nas relações de trabalho

Abstract

This study aims to analyze the phenomenon of social dumping in labor relations and its harmful social effects, proposing the use of collective judicial protection as a superior way and qualified to the appropriate treatment of the question. In pursuit of the indicated objective, the methodology used will be the qualitative analysis of real cases and the bibliographic research. Therefore, initially, three class actions will be presented to point and illustrate the legal institute and its practical consequences, from a labor law perspective, examining relevant doctrine and jurisprudence. Then, will be demonstrated the lesivity of the social damages practiced in the Democratic State of Law and under the dictates of social justice, arguing for the defense of an ethical model of socioeconomic development, that propitiates the realization of fundamental rights and the state reprimand. For this purpose, the theory of Amartya Sen and the post-positivist current are important as ratifying contributions of equality ideal pursued. Finally, judicial activity will be defended as a concretizing instrument of rights and propitiator of human development, through the superiority of the collective process, as an effective tool to produce results and real contribution to overcoming social dumping.