Súmula 190
Autor | Fernando Augusto de Vita Borges de Sales |
Ocupação do Autor | Advogado. Mestre em direito. Professor do curso de direito da UNIP - Universidade Paulista e Professor do curso de direito da UNICID - Universidade Cidade de São Paulo |
Páginas | 72-72 |
Page 72
PODER NORMATIVO DO TST. CONDIÇÕES DE TRABALHO. INCONSTITUCIONALI-DADE. DECISÕES CONTRÁRIAS AO STF.
Ao julgar ou homologar ação coletiva ou acordo nela havido, o Tribunal Superior do Trabalho exerce o poder normativo constitucional, não podendo criar ou homologar condições de trabalho que o Supremo Tribunal Federal julgue iterativamente inconstitucionais.
Assunto: poder normativo.
Legislação correlata: CRFB/114, § 2º. Súmulas do TST relacionadas: não há.
Comentários
Poder normativo é a função jurisdicional de criar normas e condições de trabalho, vale dizer, a competência constitucional que a Justiça do Trabalho tem de decidir, interpretar, criar e modificar normas em dissídios coletivos. Nesse sentido, é o que estabelece a CRFB/114, § 2º:
§ 2º. Recusando-se qualquer das partes à negociação coletiva ou à arbitragem, é facultado às mesmas, de comum acordo, ajuizar dissídio coletivo de natureza econômica, podendo a Justiça do Trabalho decidir o conflito, respeitadas as...
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