Collective Disputes and Constitutional Common Agreement: Challenges and Solutions
Name: LEONARDO LAGE DA MOTTA
Publication date: 19/12/2025
Examining board:
Name |
Role |
|---|---|
| CLAUDIO IANNOTTI DA ROCHA | Examinador Interno |
| FRANCISCO VIEIRA LIMA NETO | Presidente |
| GEOVANY CARDOSO JEVEAUX | Examinador Interno |
| RICARDO JOSÉ MACEDO DE BRITTO PEREIRA | Examinador Externo |
Summary: The research analyzes paragraph two of Article 114 of the Brazilian Federal Constitution of 1988, amended by Constitutional Amendment No. 45 of 2004, which established the “common agreement” as a condition for filing a collective labor dispute of an economic nature. The analysis aims to investigate the problems and possible solutions in cases where one of the parties does not agree with the filing of the dispute. To this end, an examination is carried out on collective labor disputes, the constitutionalization of labor procedure and its principles, always within the dogmatic context in which collective disputes are situated. The objective is to reconcile the constitutionality of the legal provision under examination with the effectiveness and efficiency sought by law, without departing from fundamental constitutional rights. The study addresses doctrinal aspects concerning the constitutional requirement and its interpretations, focusing on possible solutions while preserving constitutional procedural guarantees in collective litigation and procedural principles, ultimately presenting conclusions and procedural options for the parties. The method employed involves critical analysis and discussion of doctrinal positions regarding the issue at hand, as well as an examination of legislation and procedural doctrine, with the aim of systematizing the subject in order to establish the most appropriate parameters to achieve the objective of constituting the collective norm.
