THE AFTER-EFFECT OF COLLECTIVE BARGAINING AGREEMENTS AND ADPF 323

Abstract

This article analyzes the developments arising from Allegation of Breach of Fundamental Precept No. 323 (ADPF 323), ruled by the Brazilian Federal Supreme Court, in relation to Precedent 277 of the Superior Labor Court, in light of the foundational principles of Collective Labor Law. The study examines the constitutionality of the ultra-activity of collective agreements after the expiration of their formal validity, discusses the normative function of collective bargaining, the grounds for the Supreme Court's decisions, and the impacts of this jurisprudence on the protection of workers’ rights and the dynamics of collective labor relations.