As alterações da legislação trabalhista durante a pandemia de COVID-19: uma análise dos seus pontos controversos à luz dos princípios norteadores do direito do trabalho

Abstract

Humanity experiences constant transformations that are part of its evolution and the dynamics of its external events. It so happens that with the arrival of the Covid-19 pandemic, changes occurred that forced the world to adapt to a new scenario. In this perspective, measures to contain and prevent the disease caused by the Sars-Cov-19 virus needed to be taken. In view of this, the then President of the Republic edited Provisional Measures 927 and 936, both in 2020, in order to circumvent or minimize the effects of the pandemic crisis in the labor field. However, these PMs addressed points that brought important controversies to the legal environment regarding their constitutionality. To critically analyze such conflicts, it is necessary to understand the history of the construction of labor law and the principles that guide it and, only then, investigate the legal texts of the aforementioned provisional measures. Therefore, this work used the hypothetical-deductive method to critically analyze the microsystem established in the period of the pandemic, from the perspective of hard-won labor rights that have been mitigated by the neoliberal trend of flexibilization in favor of an increase in the job offer.