A aderência e a ultratividade das cláusulas de convenções coletivas: uma análise da Súmula 277 do Tribunal Superior do Trabalho

Abstract

This work has the scope to analyze the characteristics and peculiarities relating to adherence and ultratividade of Agreements or clauses Collective Convention, and such developments should be studied alongside the changes made in Precedent 277 of the Superior Labor Court. To better understand such an institute, we preliminarily an analysis of its historical evolution , as well as the extreme importance of a participatory the syndicate and proactive under the Agreements and Collective Convention. Later , we will study the principles pertaining to the topic, as well as the main theories applicable to it, culminating in the study regards their grip and ultratividade - from the perspective of interpretation and application of the templates that says expressly, that Precedent after his last changes made by Resolution 185 of 27 September 2012. It is noteworthy that, this change represented a significant increase in relation to legal security in labor relations, since it is at the discretion of the parties have the freedom decide about the normative clauses received are in the midst of the Agreements or Collective Convention, not fitting, therefore, none of them claim subsequently the noncompliance by ignorance of the legal norm. We emphasize there the normative character of the Labor Law, and that the freedom given to the parties to decide, through their representatives, the development of responsible order legal for conduct significant part of their employee relations, as will be detailed below.