Reforma trabalhista: Evolução ou retrocesso frente a Lei nº 13.467/2017

• Autor(a) principal: Mirada, Philippe Ruza Tornier
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5751
• topic: Justiça do trabalho; Direito do trabalho; Relações trabalhistas

In the present study, the topic addressed is "LABOR REFORM: EVOLUTION OR BACKSPACE AGAINST LAW nº 13.467 / 2017", whose general objective is to analyze the current labor reform in line with the legal and constitutional legal system, highlighting the fundamental rights proposed and what benefits and improvements are offered to the workers, that is, if there was evolution or retrogression before Law nº 13.467/2017. For the elaboration of the study, which is classified as a qualitative and exploratory research, the method of deductive approach was used, and the monographic one as method of procedure, since it will analyze documents, inherent to the norms and laws, and doctrines related to the subject proposed, from the general scope to the specific. A history of labor is outlined in a worldwide vision and the important achievements of workers throughout the centuries, with emphasis on Brazilian legislation. The concept of labor law is approached as the branch of the science of law whose object is juridical norms and institutions, as well as the principles that govern labor relations and determine their subjects and organizations for protection of this work in its structure and activity. In Labor Law we find principles established by Constitutional Law, where, among other topics, the Principle of Protection (or Guardianship) was addressed; Principle of the primacy of reality (or Supremacy of Facts); Principle of the Irrenunciability of Labor Rights and Principle of Continuity, with the purpose of identifying possible rights of the workers suppressed with the reform. It is concluded that before the approval of Law nº 13.467/17, fundamental rights won over the centuries were flattened, bringing great loss to the labor category and benefiting employers, all of which caused a major setback to Labor Law and Social Law as well guarded by our Magnun Latter.