Limites constitucionais à flexibilização e à desregulamentação do direito do trabalho no Brasil

Abstract

The purpose of this monograph is to analyze the legal phenomena of flexibilization and deregulation of Labor Law in Brazil, in order to identify the limits established, expressly or implicitly, by the Federal Constitution of Brazil of 1988 to its incorporation in the legal system. To achieve this aim, there were used the methods of deductive approach and historical and comparative procedures, with the analysis of doctrine, legislation and jurisprudence. Thus, considering the social, economic, political and cultural changes arising from the globalized capitalist system and the new technological revolution, Labor Law and its protetive system have been systematically opposed, as considered contrary to the new paradigms of postmodern society, as well as obstacles to resolution of the conjunctural crisis. In this scenario, flexibilization and deregulation emerge, theoretically, as instruments of modernization or overcoming the Labor Law. However, the Brazilian Constitution imposes important limitations on these institutes, in order, among others, to achieving the fundamental principles of human dignity, social values of labor and Social Justice, and safeguarding fundamental social rights of labor. On the other hand, the Federal Constitution itself authorizes the flexibilization of certain of its precepts - the rules concerning the duration of work and the salary -, conditioned to the obedience of the limits, formally and materially, established.