A flexibilização nas relações de trabalho

• Autor(a) principal: Souza, Felipe Silva de
• Data de Publicação: 2014
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/29328
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Direito do trabalho; Flexibilização; Direitos trabalhistas; Labor law; Flexibilization; Labor rights

The objective of this work is to analyze critically the main rules of the Brazilian labor system in face of the labor rights, to the extent that noted, more and more, the emergency of the labor laws that are intended to relax the rigidity of labor norms. The strategy initially used is to systemize the labor relations and the rise of the labor law, which, since the Industrial Revolution, was fundamental in the defense of the labor rights by the interventionist state, until it comes to the current socioeconomic context. The globalization has made the business community should cry unto for the exoneration of costs from the labor relations, culminating in flexibilized measures. Therewith, much was discussed if the Principle of Protection of Labor Law was abolished, because the idea that was fomenting was in the sense that there was prevalence to the private autonomy, so that, then, the parties could regulate labor legal relationship. The ideology of market release was so intense that generated reflections include on the Federal Constitution of 1988, which presented permissive rules to the flexibilization by agreement or collective labor convention, as may be inferred from analysis of the sections VI, XIII and XIV of the article 7. Allied to this, the infraconstitutional legislation, over the years, has presented several rules that are responsible for effecting the main changes in the parameters of protection of the labor rights, because many of them had the object of simply reduced those rights, favoring the strengthening of the economic power of the employer in detriment of the employee. Analyzing the main relaxed norms, will be possible to observe which of these rules had the bias of to precarious employment relationship and which adapted themselves to the current dynamic reality.