O “comum acordo“ e o poder normativo da justiça do trabalho após a EC 45/2004

Abstract

The present work looks forward to analyze the legislative power of the Labour Court after the enactment of Constitutional Amendment number 45, 2004, in order to verify its permanence or not according to the principles of separation of powers and non- State intervention in the economic domain. Wonders if, after the changes brought to the second paragraph of Article 114 of the Federal Constitution, the referred prerogative still finds constitutional support in the Brazilian legal system. Furthermore, seeks to interpret and define the institute of "mutual agreement", brought to limit judicial power in cases of collective bargaining agreements of economic nature. Through this study, tracing the historical evolution of the normative power of the Labour Court, the present work aims to conclude critically for the adequacy of the Brazilian state amongst the contemporary trend incentive of negotiation for resolving labor conflicts of interest, situation in which there`s no place for the legislative power exercised by the judiciary.