A (In) constitucionalidade e o retrocesso social da redução do intervalo intrajornada da reforma trabalhista

Abstract

This paper analyzed the impacts generated on the fundamental rights of workers through the possibility of negotiations overriding legislation, with the approval of Law No. 13,467/2017 (Labor Reform). The area of ​​concentration is applied social sciences and the adopted line of research is Constitutional Jurisdiction and Democracy. The problem driving the research was the questioning of the constitutionality of the rule which allowed the reduction of the intra-day break, in view of the constitutional protection of the health and safety of workers due to the approval of the Labor Reform. The procedure adopted to carry out the work was inductive. The development of the work is divided into three chapters, the first addresses the dignity of the human person and social rights, as well as the theoretical construction of the concept of decent work and the protection of decent work in Brazilian legislation. The second chapter addresses the constitutional principles related to workers, including the principle of human dignity, non-social regression, solidarity and equality. Finally, the third chapter addresses the Labor Reform, violations of workers' dignity, aspects of workers' health and safety, and, finally, the (un)constitutionality of the Reform. It was concluded that it is necessary to maintain the understanding of Summary 437 of the TST, which declares the rule as indispensable, and the Supreme Court is still waiting to declare the sole paragraph of article 611-B of the CLT unconstitutional, reestablishing and guaranteeing the fundamental constitutional rights of workers.