O principio da flexibilização das normas trabalhistas compensação de horas.

Abstract

The protection need to the worker with views being reached "social justice" has been defended along the history, passing of the years ended up testifying to growing and excessive rigidity of the protection norms to the worker in such a way that was arrived to the need of if flexibly some rights as mechanism to turn possible a relative control on one of the more serious social problems of the last years, the unemployment. The beginning of the flexibly appeared in Europe of the sixties, due to the great increase of the number of unemployed. The flexibly can refer to the job market, to the wage, to the work day or the social contributions. It is treated of an adaptability of the norms labor face to the changes or the economical difficulties, under the allegation that the rigidity would bring increase of the unemployment. In the case of Brazil, in agreement with the Federal Constitution of 1988, it can have reduction of labor laws in three cases, which are: reduction of the wage (article 7th, interruption VI); reduction of the day of eight hours daily rates (article 7th, interruption XIII) or of the day of six hours for the work accomplished in uninterrupted shifts of alternation (article 7th, interruption XIV). Constitutionally, because, just those three rights can be flexibly, falling to the parts to determine the norms that will start to govern their relationships, in agreement with their interests, by agreement or collective convention of work. It falls to the legislator to understand the longings, anguishes and conflicts of the society, always dynamics, in constant movement and continuous transformation, with the objective of finding, in the social way, the own Right. It falls to the judge to try to do a social interpretation of the law, with the objective of assisting to the very common, to the good of the collectivity, of the employees and of the employers.