PRINCÍPIO DA ADEQUAÇÃO SETORIAL NEGOCIADA: ESTUDO TÓPICO-HERMENÊUTICO DO TEMA DE REPERCUSSÃO GERAL N.º 1.046

Abstract

The study analyzes the principle of negotiated sectoral adequacy within the scope of Collective Labor Law. It examines the compatibility between autonomous norms arising from collective bargaining and heteronomous state norms. The interpretative scope of the minimum civilizational standard as a limit on collective bargaining is discussed. Initially, its approach is presented from the perspective of hermeneutics and legal topics. Subsequently, the historical and normative foundations of the principle of negotiated sectoral adequacy are explored, as well as the constitutional recognition of collective bargaining and its effects on fundamental labor rights. The study addresses the general repercussion theme nº 1.046, established by the Brazilian Supreme Court (STF) in ARE nº 1.121.633/GO. The restrictive interpretation of the minimum civilizational standard is contrasted with the arguments of specialized doctrine. It is essential to consider the core content of fundamental rights and the principle of proportionality in the balancing of conflicts. The study concludes that the minimum civilizational standard encompasses fundamental rights and constitutes an open-ended clause to be interpreted on a case-by-case basis, guided by the theoretical tools provided in the research.