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Between conflicts and debates: the construction of labor laws in Brazil (1934-1943)

Grant number: 12/10229-2
Support Opportunities:Scholarships in Brazil - Master
Start date: October 01, 2012
End date: September 30, 2014
Field of knowledge:Humanities - History - History of Brazil
Principal Investigator:Fernando Teixeira da Silva
Grantee:Ligia Lopes Fornazieri
Host Institution: Instituto de Filosofia e Ciências Humanas (IFCH). Universidade Estadual de Campinas (UNICAMP). Campinas , SP, Brazil

Abstract

I intend, with this research, to study the process of creation and legitimacy of the Brazilian Labor Court from 1934 to 1943, with the analysis of juridical debates that were published in official journals (magazines), like Boletim do Ministério do Trabalho, Indústria e Comércio, or in specialized magazines, like Revista do Trabalho, and the daily press, especially in Jornal do Comércio. Besides, will be analyzed the minutes from the Constituent Assembly of 1934 - when, for the first time, appears the initiative to create a special court to solve conflicts between workers and employers.By highlighting controversial characteristics from the new legal structure, which are, the aspect of a special court, normative power and parity and classist representation, I intend to realize how the process of construction and legitimacy of the Brazilian Labor Court was. This institution suffers until today with a pejorative image of "justicinha" (minimizing the term Justice), great part due to those characteristics that caused controversy since its elaboration within juridical and political spheres. Furthermore, the discussions about the characterization of the new court passed through the need of delimitation of the Labor Law, theme that offered, to jurists and intellectuals, valuable opportunities to debate subjects, such as States' conception, the flexibility of political regimes and the necessity of new administration bodies that deal with direct participation of workers and employers.

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Academic Publications
(References retrieved automatically from State of São Paulo Research Institutions)
FORNAZIERI, Ligia Lopes. Between conflicts and debates: the creation of the Labor Courts in Brazil (1934-1943). 2014. Master's Dissertation - Universidade Estadual de Campinas (UNICAMP). Instituto de Filosofia e Ciências Humanas Campinas, SP.