Reforma trabalhista: a construção e desconstrução das peculiaridades do direito do trabalho

Abstract

The Labor Reform of 2017 has generated dozens of changes in Brazilian labor legislation, and even in the face of all its scope, many punctual changes have given rise to different opinions in the doctrine about its effects. In the face of a change of such extension and intensity, the present research sought to analyze in an interdisciplinary perspective, but without neglecting the deep juridical technique, from the importance of Labor Law and the necessity of its constant reaffirmation, until the systematization of the peculiarities of the Labor Law in order to assess whether the Labor Reform of 2017 was legally capable of deconstructing such peculiarities to the point of transforming the labor legal branch. In order to measure this, it was essential to deepen the points of greatest repercussion in the labor life of the Brazilian worker in the scope of labor law, but without the pretension of exhausting the most relevant and present points due to the great extension of the reform and the nature of the research, which is temporarily limited by the rules pertaining to the Master course. In spite of deepening the juridical themes more present in the day-to-day of the Brazilian worker, an interdisciplinary approach was emphasized from the beginning, highlighting at all times a critical perspective that transcends the limits of legal dogmatics, and even when the focus demanded the greatest incursion in the area of knowledge characteristic of legal science, we have not lost sight of the major phenomenon in which the Labor Reform is inserted, that is, the political-social game of forces. Before the instruments created by the labor reform, barriers of diverse legal origins were erected, including the methods of interpretation of juridical hermeneutics, constitutional interpretative principles, the interpretative function of the principles and the control of conventionality, which has as a benchmark of the validity of the norms of domestic law, the international treaties to which Brazil is a signatory, and which are producing their effects regularly in the internal juridical plane. Considering all these barriers, and that for the most accurate legal technique, reform does not inaugurate a new legal order or a new code, despite the difficulties encountered in day-to-day law enforcement in the face of the political- a position of affirmation of the duty to be pointed out the proper path and limitations to which the Labor Reform of 2017 is subject, since its application in a technical way, can not disregard the system in which it is inserts. Thus, one should not turn a blind eye to the existing narrative dispute, since this narrative dispute imposes the assertiveness of the way in which this research was proposed to limit the norms of the Labor Reform in terms of the barriers presented.