Banca de QUALIFICAÇÃO: MATHEUS GUILHERME VARELA COSTA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : MATHEUS GUILHERME VARELA COSTA
DATE: 26/03/2024
TIME: 14:00
LOCAL: Ambiente Virtual
TITLE:

Friedrich Muller's Structuring Hermeneutics as a Tool for the Constitutional Interpretation of Labour Standards

KEY WORDS:

Hermeneutics; Structural; Interpretation; Constitutional; Labor Standards.

PAGES: 76
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The impacts of labor reform from the perspective of hermeneutics and Friedrich Muller's structuring theory can be defined as a different assimilation of a legal fact, with significant repercussions in its structural dimension, being of great importance for the effective access to labor justice. In this context, issues related to hermeneutic and legal aspects are addressed, specifically discussing the role of hermeneutics, highlighted from Friedrich Muller's structuring theory, as well as a brief overview of the Brazilian constitutional history and the international scope in general, the changes, controversies, and impacts of the reform in practice, and finally, the analysis of the said law from the mentioned theory, considering all other discussed points. Thus, it is evident that the problem of the theme revolves around the following question: how to find a broader understanding of the labor norm, which, through the systemic interpretation method, can achieve justice by evaluating social reality? The study of the chosen theme has an impact on the current legal situation because it presents a broader understanding of the labor reform, encompassing all its nuances and consequences and obtaining knowledge about relevant issues of its social reality, as well as providing support for the formation of its critical sense and consequently facilitating its claims for a labor justice that reaches social facts, breaking away from mere legal positivism. Among the difficulties pointed out, the objective is to list in which aspects the Labor Reform impacted the social system of work. At the same time, it aims to present through Friedrich Müller's systemic structuring understanding, considering the essence of the constitutional labor norm, mechanisms of protection and enforcement of workers' rights, as an instrument to overcome gaps and antinomies. As a methodological procedure, the dialectical method, thesis, antithesis, and synthesis, from the Hegelian perspective, will be used, considering the critical reality of work in the face of the reform, the social impacts, and the interpretative dimension by Friedrich Müller's systemic structuring hermeneutics, as a way of constitutional adequacy to the purpose of work as a fundamental social right. This method will be used to discover how the Labor Reform provided for the weakening of labor relations and to present a proposal for the improvement of labor justice through appropriate interpretation. It is concluded that the theme is in the context of improving labor justice through the rupture of the positivist paradigm, achieving through Muller's structuring hermeneutics a substantial interpretation of labor justice.

COMMITTEE MEMBERS:
Presidente - 2177963 - BENTO HERCULANO DUARTE NETO
Interno - 1167852 - JOSE ORLANDO RIBEIRO ROSARIO
Interno - ***.069.614-** - LEONARDO OLIVEIRA FREIRE - SESED