Direito do trabalho e democracia: a possível (in)viabilidade de um juízo justo e equânime diante de um cenário de racionalidade neoliberal

Abstract

This work, inserted in the Research Line "Constitutional Jurisdiction and Democracy", aims to purpose the study of the influence of the doctrine resulting from Neoliberalism regarding changes arising from the approval and promulgation of Law No. 13,467/2017, also called Reform Labor. In developing the present study, the hypothetical-deductive method was considered, the which allows the researcher to go from the known to the unknown, and the method hermeneutic, with the aim of better understanding doctrine and legislation. As regards the procedural techniques, bibliographic and documentary techniques were used, supported by normative instruments of the Brazilian legal system, and bibliographic sources, with an approach qualitative. In this context, the first chapter seeks to outline considerations about the origin and nature of Labor Justice, relating it through a concise analysis of labor relations in Brazil, in order to study the implementation of the guiding principles of labor relations in the face of worker vulnerability in the post-Labor Reform scenario, and thus, in the end, examine the conceptions deduced by Niklas Luhmann when deliberating on Systems Theory and autonomy operational in the legal system. The study covered in the second chapter covers the principle of dignity of the human person combined with the social values ​​of work as constituent instruments of the Democratic Rule of Law model, in order to reflect on the commitment of the Constitution Federal Law with the enforcement of fundamental labor rights, and consequently, examine the Law nº 13,467/2017 and its changes in legislation that may influence the implementation of the aforementioned rights. For these reasons, the last chapter deals with the influences of neoliberal ideals on the model of State established in Brazil by the Federal Constitution of 1988, with the purpose of establish the consequences of a minimum State in implementing the foundation of the dignity of human person, when analyzing the influence of neoliberalism on the jurisdictional bodies that structure the Labor Court. Therefore, through the proposed study, we tend to conclude that, despite the changes resulting from the Labor Reform, neoliberal influence has not yet become absolute before specialized justice, however, such changes demonstrate the deficit to be consolidated in employment relations, given the increase in informality and precarious work, so that man no longer shows himself as a being dignified by work, but rather as inferior by it, noting the regression to the social values ​​of work.