Trabalhabilidade : um direito fundamental pós-moderno

• Ano de defesa: 2021
• Autor(a) principal: Bitencourt, Mérilan de Deus
• Orientador(a): Fincato, Denise Pires
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul
• Programa de Pós-Graduação: Programa de Pós-Graduação em Direito
• Departamento: Escola de Direito
• País: Brasil
• Palavras-chave em Português: Trabalhabilidade; Direito Fundamental; Novas Tecnologias
• Palavras-chave em Inglês: Workability; Fundamental Right; NewTtechonologies
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://tede2.pucrs.br/tede2/handle/tede/10006

As technologies advance, new transformations take place in society, especially in the field of labor. This has been evident since the first industrial revolution with the introduction of the steam engine and the activities in the textile industries, and it is no different in the fourth industrial revolution. However, by bringing innumerable innovations, the changes evidenced in digital times are substantial and alter not only the work pattern, but the way of existing of human beings. In this context, there are new activities and new professions that reshape labor. With this transmutation, the future of work is being questioned, as well as whether the implementation of technology in work activities will bring consequences such as the replacement of workers by machines, causing their dismissal and, consequently, structural unemployment. However, when the prism is changed, it becomes evident that the substantial change affects employment (species) and not labor (gender) in a more relevant way. The former, the social standard of analogical times, does not fit into the values of post-modernity, so that the new labor activities require a more malleable relational and normative standard. Therefore, skills and competencies beyond the level of schooling and formal degrees (hard skills) are sought, pointing out transversal, ethical and attitudinal skills as the new necessary. In other words, whether in public policies, corporate education or individual professional planning, employability is transmuted to workability, this being a new concept in the world of work and, especially, in the scenario of Labor Law. The Brazilian paradox revealed by the countless job vacancies with technological interaction in counterpoint to the countless unemployed workers confirms that the future of work is already settled in society, demanding more (and different) skills from the worker. We conclude that in order for man to remain working in conjunction with new technologies and not at their mercy, it is necessary to guarantee the post-modern fundamental right: workability. It is from this multidisciplinary concept that we can glimpse the protection of human labor, as well as the full development of man, so that he can remain active in the labor market in post-modern times, and achieve a life with dignity.