Duração do trabalho e os limites de compensação de horários

Abstract

The thesis substantiated herein is that the 1988 s Brazilian Federal Constitution, in its 7th Article, item XIII, allows for working day flexibility, under a compensation system, but does not authorize negotiations in cases of non-compliance with the precepts provided by sub-constitutional rules that address the working day period. The groundings of this statement are described on 1988 s Brazilian Federal Constitution consubstantiated on item CCII of article 7, article 196, and item II of article 200 which warrants workers right to count on health standards that aim to protect them from labor-related risks. Also, we substantiate our statement on constitutional devices that recognize the principles of citizenship, human dignity and social values of labor (1st Article, items II, III e IV, FC/88) as well as the principles provided by article 170 of the Federal Constitution, such as those of the reduction of regional and social unbalances (art. 170, VII) and the principle of pursuing full employment (art. 170, VIII). Finally, we advocate the improvement of the hour compensation system, as provided by the 2nd Paragraph, article 59 of the Labor Laws, suggesting legislative amendments, in order to meet companies requirements for their productive process and to protect employees from work environments that could ultimately damage them