(Des)caracterização do cargo de confiança do artigo 62, inciso II, da Consolidação das Leis do Trabalho – CLT

Abstract

The trust position established by article 62, II of the CLT – Consolidação das Leis do Trabalho creates controversies between legal operators and indoctrinators even almost 27 (twenty-seven) years after its writing. The fact that the letter of the law is in a generic way, contributed to misunderstood interpretations by employers abusing their use of profit and by employees proposing real adventures in search of economic advantage. Law operators and indoctrinators collaborated with the uncertainties of the high standard employee, using various interpretations within the subjectivity of what was proposed by the legislator. With this divergence scenario, we will seek through this study point out the unanimous understandings between the doctrine and jurisprudence, in addition to suggest solutions for obscure excerpts of this almost thirtyyear discussion