A argumentação quase lógica e a argumentação baseada na estrutura do real no direito do trabalho

Abstract

This thesis seeks to provide a theoretical framework for the appropriate use of arguments based on “quasi-logical” elements and the structure of “reality” within the scope of labor law. However, its study is not restricted to its applicability to Labor Law strictly, but also to related areas, such as Business Law, Constitutional Law and Environmental Law, especially with regard to the work environment. The use of this knowledge will allow us to answer some questions within the scope of legal argumentation, such as: a) presenting theses as compatible or incompatible; b) in which situations the ridiculous can be used in one’s favor in the argument; c) how tautology can help in the construction of reasoning; d) enumerating, conceptualizing and explaining how arguments, such as the rule of justice, reciprocity, transitivity, inclusion of part in the whole, division of the whole into part, comparison, sacrifice and probabilities, can be used within the scope of Labor Law and related areas of law; e) how to correlate the causal link between facts and events with legal arguments, especially labor law; f) how to list, conceptualize and explain how arguments such as waste, direction and overcoming can be used in Labor Law and related areas of law; g) how coexistence links can help in the construction of an argument, pointing out relationships between a person and their actions, actions and people, in order to make a point of view more convincing, using, for example, the argument from authority. The research is qualitative in nature and has philosophical assumptions, based on rhetoric and argumentation theory. The association with Labor Law and related areas aims to give practical effects to knowledge, so as to make its practical application possible for legal professionals and not remain merely situated in a theoretical field without practical use. Several scientific methods were used for this: comparative, dialectical, inductive and systematic. The references were sought in names of the doctrine consecrated in the researched theme, without forgetting lesser-known names, but whose thematic relevance is relevant to the development of the thesis.