JUSTA CAUSA: GARANTIA DO CONTRADITÓRIO E DA AMPLA DEFESA / JUST CAUSE: CONTRADICTORY WARRANTY AND DEFENCE BROAD

The disciplinary authority established in the employment relationship and made available to the employer may be the institute which, when used in the dismissal for just cause, in Article 482 and its items Consolidation of Labor Laws CLT, is closest to a state exception, because the lack of legislation on termination of employment in the employment relationship for cause, regarding the procedure to be followed, just sometimes exhibit and put the worker in an inquisitorial process of summary conviction. It is, therefore, as a general objective to demonstrate the applicability of Article 5 paragraph LV of our 1988 Federal Constitution that clearly, fully and expressly establishes the guarantee of contradictory and full defense to the accused in general, with the means and resources inherent to it. In real terms, first seek to demonstrate, according to the doctrine of eminent author José Afonso da Silva, the effectiveness of constitutional norms, emphasizing the full effect, which a priori form, adopts the idea that the Constitution can not be understood as a pure standard, but rather "as standard in its connection with social reality, giving you the factual content and axiological sense." Second, the objective is also the demonstration of the procedures and the application of contradictory Brazilian Journal of Development Braz. J. of Develop., Curitiba, v. 6, n. 9 , p.73197-73209, sep. 2020. ISSN 2525-8761 73198 and guarantees of legal defense that must exist in private employment relationships. It conducted a literature review of current doctrine, as well as the analysis of the decision of the Supreme Court. It is expected to show that the right of defense and the worker contradictory before the disciplinary power of the employer, must be ensured to express fully contained in Article 5 LV of our Federal Constitution.