Inquérito judicial para apuração de falta grave trabalhista: a necessária expansão em observância ao princípio da isonomia

Abstract

This paper aimed to expose the employment guarantees (stability) and the importance of giving them greater effectiveness. We analyze the ways in which such guarantees are provided and have been presented in the national legal system. Focusing on its essence, it is intended to demonstrate that, in any of its shapes, the social value constitutionally assigned to work is guaranteed. Thus, seeing them under a finalistic content, it is argued about the equal treatment their holders deserve for prediction of the constitutional principle of equality. Thus, we aim to bring a simple contribution to the legal reasoning: a necessary expansion of the incidence's scope of the judicial inquiry for determination of serious labor misconduct as a way to better operationalize the teleology of such institutes.