The Intermittent Working Contract in Portugal and its adoption in the Brazilian Ordination

Authors

  • Mirta Gladys Lerena Manzo de Misailidis Universidade Metodista de Piracicaba - UNIMEP/SP
  • Tamires Gomes da Silva Castiglioni Universidade Metodista de Piracicaba - UNIMEP/SP https://orcid.org/0000-0002-1162-9029

DOI:

https://doi.org/10.14393/RFADIR-v49n2a2021-50036

Keywords:

Intermittent Work, Labor Reform, Changes in CLT, Flexibilization of rights, Economic Activity Risk

Abstract

The intermittent employment contract created in Brazil by Law No. 13,467 / 2017, modified the CLT and is currently the subject of debate in the STF about its unconstitutionality. The changes brought about by the new labor modality generated a series of uncertainties and doubts about the future of labor law and its application. The intermittent work contract was inspired by foreign law and its figure is found in several countries; however, the present work will focus on understanding the intermittent work of Portugal and comparing whether Brazil has adopted similar or contrary rules to that country. In this way, it is made the examination of the Brazilian legislation and, comparatively, notes of the Portuguese law. It is known that intermittent work generates precarious employment contracts, which offer no guarantee of sufficient income for worker survival, being one of the most discussed points in this contractual modality. This study will be based on exploratory research based on descriptive, deductive and comparative methods. 

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Author Biographies

Mirta Gladys Lerena Manzo de Misailidis, Universidade Metodista de Piracicaba - UNIMEP/SP

Doutora em Direito das Relações Sociais pela PUCSP (1999), mestre em  Educação Superior pela PUC-Campinas (1994), onde também graduou-se em Direito (1982). Professora da Universidade Metodista de Piracicaba. 

Tamires Gomes da Silva Castiglioni, Universidade Metodista de Piracicaba - UNIMEP/SP

Mestra em Direito pela Universidade Metodista de Piracicaba, UNIMEP/SP. Bacharel em Ciências Contábeis pelo Centro Universitário Adventista de São Paulo, Campus Engenheiro Coelho/SP. Graduanda em Direito pelo Centro universitário Adventista de São Paulo, Campus Engenheiro Coelho/SP

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Published

2022-05-17

How to Cite

Gladys Lerena Manzo de Misailidis, M., & Gomes da Silva Castiglioni, T. (2022). The Intermittent Working Contract in Portugal and its adoption in the Brazilian Ordination. Journal of the Faculty of Law of the Federal University of Uberlândia, 49(2), 290–308. https://doi.org/10.14393/RFADIR-v49n2a2021-50036

Issue

Vol. 49 No. 2 (2021): Revista da Faculdade de Direito da Universidade Federal de Uberlândia

Section

Articles

License

Copyright (c) 2021 Journal of the Faculty of Law of the Federal University of Uberlândia

Creative Commons License

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