O direito do trabalho de exceção e a jurisprudência da austeridade no Brasil : uma análise jurídica, econômica e política das reformas legislativas de das decisões do STF em matéria de direitos sociais trabalhistas entre 2007 e 2024
Gorde:
| Egile nagusia: | |
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| Argitaratze data: | 2025 |
| Formatua: | Master thesis |
| Hizkuntza: | por |
| Baliabidea: | Repositório Institucional da UPF |
| Download full: | https://repositorio.upf.br/handle/123456789/9592 |
Gaia: | The study examines labor law reforms that have taken place in Brazil since the 2000s (Acts n. 11.442/2007, n. 13.352/2016, n. 13.429/2017, n. 13.467/2017) and the jurisprudence of the Federal Supreme Court (STF) on labor issues, to verify their classification within the reference (theoretical framework) of this study, consisting of the concepts of labor law of exception, austerity society and austerity jurisprudence, developed by Antonio Casimiro Ferreira (2012, 2014). To this end, the study analyses (I) the decisions of the STF in concentrated control of constitutionality whose objects are the aforementioned labor reforms (ADI 5.625; ADC 48 and ADI 3.961; ADPF 324 and RE 958.682 - Theme 725); (II) the STF’s judgments on labor issues still pending of specific legal regulation – such as the work of app drivers and delivery people –, a matter that was object of Constitutional Complaints n. 59.795 and n. 60.347; and (III) the Constitutional Court’s decisions regarding other human labor relations, in which it has excluded employment relationships, as occurred in Constitutional Complaints n. 39.351, 47.843, 56.285, 57.428, and 63.946. After highlighting the specificities of the historical evolution of labor law in Brazil compared to European countries, the study points out the inconsistency between the economic objectives set forth in the legislative changes and judicial decisions and the economic results actually achieved. Furthermore, it concludes that the legislative reforms and decisions of the Supreme Court in labor matters are incompatible with the premises of the Welfare State structured in Federal Constitution of 1988. By endorsing economic-productive, political and social changes that have occurred in the last 50 years, the normative and jurisprudential changes examined here strip work of its status function, capable of granting the workers not only a source of income, but also forms of protection, social belonging and construction of the identity of those who perform the work activity. Consequently, it argues that the labor reforms examined are an expression of labor law of exception in Brazil. Furthermore, the legitimization by the STF of legislative changes in its judgments configures the jurisprudence of austerity and contributes to the consolidation of the austerity society, with relevant repercussions in socioeconomic and political dimensions, such as the breaking of the “promises of modernity” and the inauguration of an “era of decreasing expectations”, characterized by increasingly worse conditions of social reproduction, with fewer jobs, lower income from work and less social protection. This creates a scenario of insecurity and lack of control over the present, which makes it difficult to build any projection for the future, causing disenchantment and discomfort in large parts of society. Finally, it argues that the expansion of population’s segments deprived of the spectrum of protection represented by labor law – forming the so-called “precariat” – has reached a breaking point today, eroding democracy itself, which was structured, after World War II, on the elimination of inequalities through the maintenance and creation of universally shared social rights. |
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