A substituição de trabalhadores grevistas por meios tecnológicos

Abstract

The abrupt emergence of phenomena such as digitalization, robotics, and automation will gradually be felt with greater intensity in the field of work. The right to strike will not escape this trend, which is definitely here to stay. Therefore, anticipating that technology will become a powerful ally of the employer, namely, to mitigate the consequences of the right to strike, we intend to understand whether the replacement of strikers by technological means falls within the scope of the ban on the replacement of strikers, enshrined in article 535 of the Labor Code. First, we will analyze the constitutional consecration of the right to strike. Then, we will elaborate on its protective shield, the prohibition of substitution of striking workers. Subsequently, we will look at the Spanish experience on esquirolaje tecnológico And, finally, we will present a proposal for an extensive-teleological interpretation of the law, concluding with the inclusion of the technological substitution of strikers within the scope of the aforementioned prohibition.

Date of Award	5 Jul 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Ana Teresa Ribeiro (Supervisor)