Princípio da segurança no emprego e consequentes modalidades de cessação do contrato de trabalho

: comparação entre o ordenamento jurídico brasileiro e português

Abstract

The present work is divided into three stages: in the first part, the author establishes how the Portuguese legal system outlines the issue of security of employment (constitutional principle - article 53 of the Constitution of the Portuguese Republic, CRP) and its consequent exceptions, which fall exactly into the modalities of termination of the employment contract. For that, we gathered data on what the legislator intended when establishing the principle of security of employment, and discussed the mitigations to this principle and the reasons for their existence. Secondly, this work focuses fully on the Brazilian legal system in order to understand the Constitutional support given to the issue of security of employment, which happens to differ broadly from the Portuguese regulation. We then move on to the cases of termination of the employment contract. Throughout this work, it will be possible to observe a clear distinction between the Portuguese and the Brazilian legislation on this subject. This distinction culminates in the objective and conclusion of this work, where we offer a critique of the Brazilian system, as this proves, given the arguments presented in the work, to be the least appropriate to a social and economic evolution. It is believed, therefore, that a normative system is more consistent with a growing development, both economic and social, when the country's labor legal system advocates job security as the rule, with few and justified exceptions, as does the Portuguese system.

Date of Award	30 Sept 2020
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Paulo Sousa Pinheiro (Supervisor)