Do direito do trabalho legislado ao negociado: limites e possibilidades

• Autor(a) principal: Brito Filho, Roberto Victalino de
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/24012
• topic: flexibilização; desregulamentação; legislado; negociado; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO

The rights of workers are achievements, the result of intense struggles in the course of history. Thus, a protective legal framework was constructed to assure to the workers guarantees and individual rights, seeking remuneration in a more fair way the wear and tear through the exercise of their work. However, these guarantees and individual rights granted to workers undergo constant attempts to change and transform, arguing for economic reasons, especially for part of the business sector that claims to be unable to afford such "social costs." The justification of the time is the flexibilization of labor rights and the way is collective bargaining. The present dissertation analyzes the relations of labor law legislated and negotiated, identifying the reasons why the negotiated one still can not prevail over the legislated one and investigating on what effectively represents the flexibilization that is revealed today. For that, a bibliographic, documentary and jurisprudential research (TST and STF) was carried out. In order to establish the premises of this discussion, at first it was discussed the law of labor legislated, including the construction of labor rights, social constitutionalism and the constitutionalization of labor rights. Then the issue of negotiated labor law was dealt with, starting with the analysis of collective bargaining in Brazil, followed by the great reform attempts and the main arguments that substantiated these attempts, such as the Neoliberal Theory and the justification for containing economic crises. After this stage, the limits and possibilities of alternation between the legislated and the negotiated one were analyzed. And, in order to complement this reflection, a jurisprudential research was carried out in the TST and STF to bring to light the tendencies of the decisions of the Brazilian superior courts in matters of collective bargaining. Finally, it was fundamental to study the principle of the prohibition of social retrogression that constitutes a level to give more base to the content of the research.