Legal certainty in the structure of labour decisions
Modulation of labour decisions and the impact on legal certainty
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The aim of this paper is to study the structure of labour decisions modulated by the interpretative gaps that Alexy attributes to the uncertainty of legal language, the possibility of conflict between norms and the fact that there are cases that require legal resolution which, for the most part in the Labour Courts, arise through collective bargaining by establishing new working conditions for certain categories. Not only based on Alexy's concepts, this work goes through authors considered positivist and post-positivist in order to contextualise the rationality of decisions to the needs of sys...
The aim of this paper is to study the structure of labour decisions modulated by the interpretative gaps that Alexy attributes to the uncertainty of legal language, the possibility of conflict between norms and the fact that there are cases that require legal resolution which, for the most part in the Labour Courts, arise through collective bargaining by establishing new working conditions for certain categories. Not only based on Alexy's concepts, this work goes through authors considered positivist and post-positivist in order to contextualise the rationality of decisions to the needs of systematic argumentation.
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