A flexibilização dos direitos trabalhistas no contexto da pandemia da Covid-19 : uma análise da eficácia das Medidas Provisórias 927 e 936/2020

Abstract

It is notorious that labor law has suffered, throughout its normative formation, processes of deregulation and flexibilization, being directly influenced by the historical context in which a society presents itself. In this sense, this work brings the discussion about the effectiveness of the Provisional Measures that were edited to face the pandemic caused by the dissemination of Covid-19. As a general objective, we sought to understand what is the effective contribution or interference of this period of recession against the flexibilization that mitigated labor rights and its effectiveness by putting measures into practice. Therefore, in the methodological procedures, a bibliographic research and primary statistical data were used. Then, an existing problem in the Brazilian judiciary scenario is observed, analyzing the statistics, as provided by the TST, of the actions that were filed during the calamity period, as well as the classification of the main functions of these actions. jurisprudence to arrive at the demonstration of the effects of the Provisional Measures. As a result, the ineffectiveness of the Provisional Measures is verified, since the maintenance of jobs and income was not mitigated, on the contrary, the unemployment rates increased complacently. Therefore, it appears that the editions of Provisional Measures do not reach their effectiveness, due to the lack of clarity and the excess of power attributed to employers in the face of contract manipulation. In addition, the unpredictability of the extension of the state of calamity has generated economic difficulties for employers and, consequently, for workers who have reduced wages and, especially, for those who have lost their jobs.