A prescrição do FGTS à luz do princípio da proteção: análise crítica do discurso jurídico do STF no ARE 709.212-DF.

Abstract

This end of course paper has the objective to analise the decision of Supreme Federal Court of Brasil whom judged unconstitutional the norm which provides trinary for the judicial collection of deposits not done from FGTS (Employment Time Guarantee Fund). It treats from a decision that generated a lot of criticism as, many workers felt impaired with the new point of Supreme Court. In the begining, will be analysing the concept of presciption in labor law, the influence in interpretation of norms and the definition of protector principle. Then, it will be study the concept of legal nature of FGTS. It will be observed the prescription of the FGTS in the law 8.036/90, the prescription of labor credits in the CF/88(Federal Constitution of Brazil) and the possibility of conflits among constitutional norm about prompt prescription and the principle most favourable norm. The study will be carried out through empirical, bibliographic, qualitative, exploratory, descriptive and documentary research. The methodology to be adopted will be critical analysis of legal discourse through which the decision pronounced by the STF is investigated in an attempt to understand the change of a jurisprudential understanding consolidated for years. Finaly, we hope to identify the consequences of the aplicability from the new prescriptional promt could bring to the legal effectiveness about the worker´s rights.