O controlo da motivação empresarial no despedimento coletivo

Abstract

Material control of collective dismissal through a reduction in the number of
employees, enforces the identification of any judge limits when placed in the position of deciding on whether the dismissal is legal or not.
The delimitation of the just cause constitutional principle is imposed here,
considering an interpretation of article 53 of the Portuguese Republic’s Constitution that allows the principle of job security to be reconciled with article 63 of the Portuguese Republic’s Constitution, by virtue of the recognition of the guarantee of the employer's free economic initiative. More than a theoretical issue, it is important to analyze the most recent jurisprudence that seems to create a new criterion for collective dismissal, for example, when imposes the existence of an economic crisis that justifies the use this type of dismissal.

Date of Award	11 Dec 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	António Nunes de Carvalho (Supervisor)