As principais irregularidades trabalhistas no município de Caxias e as perspectivas do direito do trabalho no cenário das múltiplas fontes do direito

Abstract

The present moment is marked by the breakdown of the paradigm of the certainties of rationalism, in this atmosphere that still lives the Theory of Law, immersed in "theoretical common sense" of lawyers and yet oblivious to the profound changes brought about by the post- industrial society. Indeed, the State goes through a series of crises that raises questions about the pillars on which it was erected and , with these doubts , is also affected by the law is connected directly to the State, at least that was the design we had. However, State involvement, even in the field of normative production, has suffered the shocks of increasing social complexity of the risk society. In this context of uncertainty, the social subsystem of Law feels the noises of irritation produced by new social problems. Thus, the increasing social complexity of the law requires the need to reduce it, regulate it, which in the employment case, results in increased role of employee rights - reducing the complexity of the environment is paradoxically increase complexity of the system. At the same time, however, there is an exclusion of considerable portion of workers from protection, either by informality, whether the breach of obligations by employers. The inclusion, therefore, provides for the exclusion. To what extent the weakening of the State ( and State law ) allows the economic logic step inside the law; whether and how globalization corrupts the code of law; the effects, in the municipality of Caxias, the paradox of legal provision of rights and at the same time, the exclusion of protection of workers ; all this shows the importance of this research.