Arbitrary Dismissal in Light of Fundamental Rights

The purpose of this paper is to analyze arbitrary dismissal or dismissal without just cause in the Brazilian legal system and the fundamental rights violated by the common practice of this type of dismissal. This paper also demonstrates possible measures to curb this practice detailing the social and fundamental right to work as well as the constitutional principles of protection and continuity of the employment relationship. It also seeks to explain the applicability of Convention No. 158 of the International Labor Organization which prohibits arbitrary dismissal and to demonstrate the position of the higher courts' jurisprudence on the subject in question.