A reforma trabalhista e a crise do direito do trabalho

Abstract

Capitalist crises of various dimensions (social, political and economic) that have raved about the world in recent years - and severely Brazil - were answered by the establishment with apparently effective remedies. In the labor's sphere, flexibility and deregulation were the mottos for the proposal and achievement of the Labor Reform, the largest set of labor legislative changes since the enactment of the CLT. In a scenario of rising unemployment, the argument was hiring and relationships would be facilitated. Facilitated not for everyone involved in these social relations. The takedowns of labor's rights was met with fervor by entrepreneurs and with concern for the vast majority of workers. The present study has as its main object the analysis of the Labor Reform and its effects for the majority of society. Therefore, we sought the origins and causes of this milestone that is part of a context of global crisis in labor law, after the emergence of neoliberalism from the last three decades of the 20th century. We approach flexibilization and deregulation as keys to understand the changes proposed by the theory of neoliberal political and economic practices. From infrastructure, flexibility and deregulation have emerged into labour law. From the methodological point of view, this is a research that favored the qualitative approach and involved, as technical procedures: bibliographic study, documentary analysis and statistical data from RAIS/CAGED, Continuous PNAD and Labor Court. The articulations of bibliographic, documentary and empirical sources make it possible to conclude that, almost three years after the measure, the new legal framework has not yet fulfilled its promises of social advances. Unemployment remains at a worrying level. Informality continues to advance, with no signs of losing strength. The new, more precarious forms of contracting, increasingly used. Access to labor justice faces obstacles that result in a decrease in the activation of the judiciary. That is, the search for individual and collective labor rights.