A vedação à dispensa arbitrária como desdobramento da função social da empresa

Abstract

This research studies the concept of social function of the company in the actual paradigm of democratic state, relating the concept to the constitutional rule of prohibition of the arbitrary dismissal, under the hypothesis that, besides an employee guarantee, it is a consequence of the social function of the company. For that, this work researches the elements that constitute the concept of social function, passing by all the paradigms of state which compose it, for its necessary accuracy, as well as the elements that take the Constitution to prohibit the arbitrary dismissal, and the economic faces of the arguments which try to difficult the efficacy this labor guarantee. Investigated literature and jurisprudence, the work concludes that the prohibition is a commandment from the social function of the company, and this conclusion serves as a background for future discussions about constitutional arguments that aim to give more effectiveness to the constitutional protection of work in Brazil.

This research studies the concept of social function of the company in the actual paradigm of democratic state, relating the concept to the constitutional rule of prohibition of the arbitrary dismissal, under the hypothesis that, besides an employee guarantee, it is a consequence of the social function of the company. For that, this work researches the elements that constitute the concept of social function, passing by all the paradigms of state which compose it, for its necessary accuracy, as well as the elements that take the Constitution to prohibit the arbitrary dismissal, and the economic faces of the arguments which try to difficult the efficacy this labor guarantee. Investigated literature and jurisprudence, the work concludes that the prohibition is a commandment from the social function of the company, and this conclusion serves as a background for future discussions about constitutional arguments that aim to give more effectiveness to the constitutional protection of work in Brazil.