THE 2017 LABOR REFORM AND THE LIMITS OF COLLECTIVE PRIVATE AUTONOMY IN BRAZIL

• Autor(a) principal: Paroschi, Gulliver Vasni
• Data de Publicação: 2023
• Outros Autores: de Oliveira, Lourival José
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/42048
• topic: Autonomia privada coletiva; Direitos sociais; Negociação coletiva; Reforma Trabalhista.; collective private autonomy; social rights; collective bargaining; labor reform.

The study focused on the distortion of the principle of collective private autonomy through the changes promoted by the Labor Reform of 2017 (Law 13.467/2017), in relation to the negotiated overlapping the legislated. The work accentuate the contemporary challenges under a new panorama inserted by the Labor Reform/2017, which expands the possibility of negotiable themes in collective instruments, denoting uncertainty regarding the fulfillment of the minimum level of protection of social labor rights established by the 1988 Constitution and by norms internationally ratified in Brazil. It is observed that the different provisions of law, together, reject the democratic design of the Constitution in the search for the full exercise of collective private autonomy. There is a real unconstitutionality of the range of negotiable themes inserted by the Reformation, which allows the offense to the integrity of the workers’ physical health and the weakening of the skilled collective means, made possible by the history of interventionist remnants in the Brazilian legal system. The deductive method was adopted, with a bibliographic survey on the theme, in addition to the comparison of the current constitutional parameters and the new wording of the Reformation.