Short Reflection on the Effectiveness of Fundamental Rights and Possible Outspreads in Labor Relations

Abstract

The paper presented aims to highlight in a simple and objective way some lines on fundamental rights in a modern perspective of the very expression Law and Rule of Law, especially addressing the teachings of Alexy and Dworkin. The text attempts to show that simple subsumption of a particular fact to a rule of law is no longer the ideal of law enforcement, either because of the atypical situations unaccompanied by codified legal regime, or the need for interpretation according to the constitutional text. Finally, it is attempted to demonstrate the need to use this new way of thinking about Labor Law. Rule of Law, Legal Hermeneutics, fundamental rights, labor law, Robert Alexy, Ronald Dworkin.