Title: Direito ao rompimento patronal imotivado: o ataque contra a classe trabalhadora
Abstract: This study aims to demonstrate, through an analysis of discussions in the specialized doctrine during a specific period in history, how the legal institution, in Brazil, of the termination of employment relationships by the employer without cause reflects almost four centuries of coexistence with slavery, survival of the military dictatorship, and an intensification of the exploitation of labor under the influence of neoliberalism.The power relations inherent to salaried work also manifests itself in the cessation of employment by the employer, while labor law traditionally tries to draw limitations about it, as seen in Convention Nº 158 from the ILO.Regardless of how the principle of continuity of employment relationships had been expressly emphasized in the Brazilian Constitution of 1988 (art.7º, I and XXI), a legal culture of business empowerment, naturalizing the system of bond cessation with no string attached created by FGTS (Guarantee Fund for Length of Service in Portuguese), created a few years after the military coup, as a way of undermining the reimbursement and stability granted by CLT (Labor Law Consolidation in Portuguese).At the same time as slavery relations dwindle, there is a gestation of forms of exploitation of free labor, branded by violence: the focus was in keeping the person in his or her station, in a context of a developing job market.The possibility of ending work relations by the employer's initiative was not even subject for concern; the situation was solved by advance notice and the payment of a certain amount, revealing the alarming connection between past and present, regarding the naturalization and concealing of violence and inequalities.Starting in the 1920s (laws and regulations on the Retirement and Pension Banks -Caixas de Aposentadorias e Pensões), set by Law nº 62/1935 and established by CLT of 1943, the legal security on the job, through stability, was subject to great attention by the labor law doctrine, both in theory and practice, while the national job market was going through a consolidation and the union movement was pressing for greater integration to the capitalist development.FGTS deeply affected the protective logic of Labor Law, giving rise to, among other factors, a high turnover and complications for unionized activity.Both the detractors and supporters of the fund converged regarding the possibility of its integration to some form of protection against arbitrary dismissals.The National Constituent Assembly did not reach a text that could be read as a victory by the workers representatives and that could be considered by labor doctrine as an improvement over the previous procedures.The protection against arbitrary dismissal was an important flag of the union movement at the time and eventually became a central theme of the Constituent Assembly.The establishment of the power of termination of employment by the employer without cause works with the neoliberal project that took over the country, which gave rise to the mantra of flexibility and to the attack on the employee's protections.