Uma análise crítica sobre a Reforma Trabalhista e os limites da flexibilização de direitos na negociação coletiva à luz da Constituição Federal e da principiologia do trabalho

Abstract

This present text aims to analyze the Brazilian Labor Reform of 2017 and the impacts caused by it in relation to the institute of collective negotiation, assessing its conformity with the principles that guide Labor Law. Therefore, this essay proposed extensive bibliographic research, using a hypothetic-deductive methodology to address an interpretation of the doctrine, legislation and judicial precedents pertinent to the theme in view. As the starting point, it was necessary to study the political, economic and historic context that led to the approval of the Law n°13.467/2017, as to make it possible to comprehend the sudden need to invoke such vigorous changes to the law. Then, the text took a turn to analyze the specific alterations made by the Reform, both individually and as a whole, and by its accompanying jurisprudence, especially regarding the Theme 1046, approved by the Supreme Court. Here, the issue of the hyper flexibilization of labor rights through collective negotiation was revealed to be imbued in numerous of the new aspects and articles brought by the legislation, showcasing its manifest impact on both the relationship between employer and employee and the nature of collective negotiation as a tool to advocate in favor of labor rights. At last, by the means of an evaluation of the Reform from a principled standpoint, it became clear that the reducing nature of the flexibilization theme brought by the law went against the very essence of Law as a discipline that promotes the evolution and improvement of humanity and Justice, violating principles not only pertinent do the protection of labor rights but also to the discipline of Human Rights, figuring as a serious historic and social regress.