O PRINCÍPIO DO ACORDADO SOBRE O LEGISLADO SOB A ÓTICA DA DOUTRINA E DA JURISPRUDÊNCIA TRABALHISTA DE SANTA CATARINA

Abstract

In a historic moment marked by significant legislative changes in labor legislation, whose
original wording of its main rule dates from 1943, and both the old wording and the discussions about its recent changes dating from 2017, still cause some legal uncertainty in society. This article proposes to study the position of the doctrine, of Santa Catarina labor
jurisprudence and of the Regional Labor Court of the 12th Region on the application of the
principle of agreement on the legislated, to understand in what cases what is provided for in
collective agreements and conventions of work will have more value than what is foreseen by
law and in which cases the law must be respected. Thus, helping to understand the majority
understanding on the subject so that there is more legal certainty in the relationships affected by these rules. In order to do so, the inductive method was used, through bibliographic
research, investigating the Constitution of the Federative Republic of Brazil of 1988, Decree-
-Law nº 5.452, of May 1, 1943, the Brazilian doctrine and the jurisprudence of the Regional
Court of the 12th region for, among other introductory questions. It was concluded that the
application of the principle of agreement on the legislated is legally valid, both in Brazilian
doctrine and in Santa Catarina labor jurisprudence, provided that, observing the limits
imposed in the constitutional norm, which must be understood as a legal norm guiding all
relations.