Judicial activism as a means of mitigation of the practice of social dumping and a collaboration instrument for the full effectiveness of the fundamental right to work

Abstract

This article deals with judicial activism as a means to refute the practice of social dumping and to promote the full effectiveness of the fundamental right to work, given the imperative importance and discussion inherent in it, especially in the juridical and socio-political environment. The elevation of the Judiciary to the status of State Power, coupled with the strengthening of post-war constitutionalism, revealed a new face of organization of contemporary rule of law, further tightening the limits to the performance of its institutions, imposing strict legality of its acts, while at the same time increasing the interference of powers between them, in a participatory, fiscalizing and corrective manner, with a view to guaranteeing the aforementioned required legality, but also the efficiency and effectiveness in the provision of state bonds. Thus, through the hypothetical deductive method, literature review, comparative law and constitutional economic analysis of labor law, this article seeks to demonstrate the relevance of judicial activism as a transformative instrument of the Democratic and Social Rule of Law, as much as a means of refuting the repeated non-compliance with labor standards and enabling the full effectiveness of the fundamental right to work, that is, both in the relationship between state and particulars as between individuals.