A lei 13.467/2017 e a falácia da modernização trabalhista: um estudo bibliográfico sobre a fragilização dos princípios da proteção do trabalhador

Abstract

Law 13.467/2017 represents the most robust set of changes in Brazilian labor legislation. As a result of a troubled political context and lightened debates in the National Congress, the labor reform was supported by discursive justifications related to the need to modernize labor relations, create more formal jobs, increase productivity and reduce litigation. However, the modifications did not achieve the promised results, producing new uncertainties and economic instabilities for workers and jeopardizing the effectiveness of the principles related to the social protection of workers and the work of the Labor Court, which indicates the strengthening of the logic of capital to the detriment of workers. This socio-legal study is of a qualitative nature and is justified by the need to reflect on the interests and implications of legislative changes and their controversies, producing large-scale social consequences. Using the methodology of bibliographic research to know the state of the art of the main doctrinal and legal dimensions that characterize the collated object based on the specialized literature, its expressions and implications, it sought to answer the following research problem: How the changes in the Brazilian labor legislation produced by Law 13,467/2017 compromise the principles related to worker protection guaranteed by the Federal Constitution of 1988? The research results point to the expansion of risks for workers in the face of unrestricted outsourcing, the formalization of precarious work contracts, the creation of barriers to access to labor justice and the union demobilization of workers, which reinforces the neoliberal agenda characterized for the individualization of risks and commitment to the precepts of the spirit of the Social Welfare State that characterizes the Federal Constitution of 1988.