O controle de convencionalidade como instrumento de proteção aos direitos sociais violados pela lei 13.467/2017: possibilidade de aplicação das convenções 98 e 154 ao artigo 611-A

Abstract

The Brazilian Labor Law has undergone considerable changes due to the approval of Law No. 13,467 of July 13, 2017, known as the "Labor Reform". The change in the Brazilian labor legislation was introduced strongly influenced by the neoliberal context that the country lives in, where the flexibilization of the norms gains strength justified by the generation of jobs. Given this context, it is that, through this work, we aimed to bring to analysis and discussion an important mechanism of control of laws that still has application and knowledge unknown by much of the legal community, the control of conventionality. This analysis will lead to the understanding that labor legislation should be interpreted in accordance not only with the Federal Constitution but also with human rights treaties and conventions, for a perfect understanding of the scope and discursive limits of its provisions. It will try to demonstrate, then, how the control of conventionality translates into an important instrument of the consolidation of a minimum civilizatory level and instrument of consolidation and effectiveness of fundamental rights. Therefore, this research is a bibliographical review, which has used books and articles that already deal with this subject.