The requirement of a common agreement for the filing of a collective economic agreement

Abstract

The present study has as its main objective to identify the requirement of mutual agreement as a procedural requirement for the filing of a collective bargaining of economic nature. For such, the use of the requirement in the Regional Labor Court of the 9th Region, with territorial competence in the State of Paraná, and in the Superior Labor Court will be analyzed, with the results and forms of resolution of the common agreement, after Constitutional Amendment 45/2004, called judicial reform, in which the requirement of the common agreement was inserted in §2, of art. 114 of the Constitution of the Federative Republic of Brazil of 1988. The inclusion of the requirement generated a great deal of discussion in legal circles; this, too, the article will address. This analysis will seek doctrinal foundations, from the analysis of legislation and jurisprudence. The research shows that the normative responsibilities of the State in a conflict of collective interests between employees and employers, who seek better working conditions, aim to avoid long-term conflicts. The question is whether this will be achieved with the requirement of common agreement as a procedural requirement for the filing of collective bargaining agreements of an economic nature.