| dc.description.abstract | The research theme is based on the analysis of “labor reform” in brazil in the light
of the right to equality and non-discrimination, in order to verify whether there are
changes in the legal text (both changes that equate employees and employers, as
well as changes that establish differentiated treatment of the parties) that represent
discrimination to the detriment of workers. For this, formal equality and material
equality are initially conceptualized, as well as the need to establish legitimate
differentiated treatments for vulnerable groups is put in evidence. The perspectives
of anti-differentiation and anti-subordination are addressed, in order to better clarify
issues inherent in the right to anti-discrimination. The normative provisions
regarding equal opportunities and the prohibition of discrimination under
international human rights law and in the brazilian federal constitution are also made
explicit. Still in the first part of the research, the history (the conquest of rights that
occurred until the federal constitution of 1988) and the importance of labor law are
demonstrated. The existing labor protections under international law, compatible
with constitutional rules, are listed below. At the end of the first chapter, based on
the findings made, the existing relationship between labor law, guided by the
principle of protection, and the right to anti-discrimination is evidenced, insofar as
this aspect of the law aims precisely to establish differentiated treatments for parties
uneven. In a second step, the study on labor reform (which corresponds to the set
of legislative changes that occurred since 2017 in brazil) is carried out. Initially, it
refers to the breakdown of labor rights that occurred from the end of the 1980s until
the 2017 labor reform. The discourse used to justify labor reform is also made
explicit (in the sense that the economic crisis was caused by excess rights labor).
Afterwards, the main changes arising from law no. 13,467, of 2017, are addressed,
namely: the negotiated over the legislature; the possibility of annual discharge;
intermittent work; the changes that influence the functioning of unions and the right
to strike; regulation of off-balance sheet damage; the figure of the hypersufficient
worker; the changes related to the gratuitousness of justice; and, finally, the
changes that concern women's work. Other legislative changes (which are part of
the brazilian labor law “reform” project) are also analyzed: law no. 13,429, of 2017,
regarding outsourcing, as well as other measures that made labor rights more
flexible as of 2017 (such as the measure provisional “economic freedom”, among
others). The present doctoral thesis shows that, by suppressing several rights
foreseen in the labor regulations, which guaranteed employees a series of
protections in the employment relationship, labor reform violates the logic of the
protective principle and, consequently, violates the right to equality and equality.
Non-discrimination, that is, it violates the civil and political rights that concern
equality, provided for under international human rights law. The research is
bibliographic and documentary and uses national and foreign bibliography, as well
as readings and research in books, magazine articles, material collected on official
websites and national and international legislation. | |
