Lack of protective labor policies in the face of automation: reflections based on the crisis of capitalism and the (in)effectiveness of the right to development in times of pandemic

• Autor(a) principal: Carvalho, Marina Morais de
• Data de Publicação: 2023
• Outros Autores: Araújo, Jailton Macena de
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito Econômico e Socioambiental
• Texto Completo: https://periodicos.pucpr.br/direitoeconomico/article/view/27480
• topic: protection in the face of automation; technological advancements; capitalism crisis; right to development.; proteção em face da automação; avanços tecnológicos; crise do capitalismo; direito ao desenvolvimento.

In the context of capitalism's economic crisis, the possibility of replacing living work with dead work is increasingly frequent and worrying, especially due to the accelerated advance driven by the health crisis of COVID-19, despite the thirty-year constitutional provision for the protection of the worker in the face of automation. It is known that technology has ample capacity to change the world and life in society, however it is necessary that its scope be well defined and regulated by law. It is in this scenario of technological transformation that the inexcusable absence of protective policies is evident, given the evident absence of regulation of the constitutional provision of protection in the face of automation. The effects caused by the exponential evolution of technologies in daily life and in the relationships of human life end up generating risks to employability, especially in a prospective, post-pandemic analysis. In this way, it is intended to deal with the way the State has faced the question of protection in the face of automation and, consequently, the question of the replacement of human labor by digital machinery, since the promulgation of the Constituent Assembly of 1988. In this tone, the following question arises: the crisis of financial capitalism, by creating obstacles to the realization of certain social rights, has given rise to a setback of fundamental rights, especially in the face of the technological leap that generates a greater demand for work automation? Therefore, it is intended, based on the deductive methodological analysis, to start from the idea that the State has omitted and relegated citizens' rights in many spheres, especially in the scope of labor law, due to the frequent legislative innovations that has witnessed, as well as technological innovations generating the flexibilization of labor rights.