CRÍTICA À PRESCRIÇÃO TRABALHISTA: ENTRE A REALIZAÇÃO DO ESTADO SOCIAL E A PROTEÇÃO AO CAPITAL

This article contains a critical study of the role that prescription plays in the context of a welfare state. The analytical perspective is that of labor fundamental rights. The text proposes some suggestions restrictive application of prescription in the context of labor relations. The process of labor and labor law are instruments that serve the reproduction of capitalist society. They are also, however, system voltage factors, allowing it to continue developing. Under this approach, the Labour prescription, for not involving denial of fundamental rights of the worker should always be applied with the greatest possible restraint.