A eficácia liberatória do pdv diante da tese de repercussão geral nº 152 do stf

Abstract

This arcticle delas with the issue of the Voluntary Resignation Plans (VRP) as a way of extiction of the employment relationship wich would result in actual discharge of the employment contract, having as main exponent of analysis the STF General Repercussion Thesis nº 152, originate by the judgment of the RE 590.415, the grounds used to support that decision and its implications to the employers that choose this way of contratual termination. The Union participation supposedly balances the employee's initial relationship of hyposufficiency with the employer, which would legitimize the discharge and transaction of the terminated employment contract by predicting that discharge in a collective agreement and the termination instruments at the time of the elaboration of the VRP. However, the application of this premise to the specific case has provided extensive interpretations and with no specific compliance to the requirements of the regulation, which leads to a true negligence to labor rights.