Prevalência do negociado sobre o legislado: uma análise do artigo 611- A da reforma trabalhista frente aos princípios do direito brasileiro

Abstract

This scientific article aims to clarify all the nuances present in article 611-A of the new CLT, bringing to light the historicity that led to its creation, further clarifying its contents, as well as the doctrinal and jurisprudential view on this subject introduced in the Labor Reform thus using the deductive method as methodology used in the addressing of the subject, through theoretical bibliographic research, to understand and develop the theme. So, with the enactment of Law No. 13,467 / 2017, some innovations were introduced that directly affect labor relations, among them, it is worth noting that the negotiation of collective bargaining legislation through collective agreements or conventions prevails. The central idea of the agency is that, within the scope of article 611-A of its bill, unconstitutional laws of a union nature generated by means of ACT or CCT will replace the content enshrined in the law itself. Subject, allowing greater flexibility of labor law in dealing with collective bargaining. The provisions are now made in the new CLT. It is now regulated in the new CLT with the aim of granting greater bargaining autonomy between unions and the employer, with a view to reducing the unemployment rate by making certain rights more flexible in order to give the employer more conditions to keep their employee under the conditions that he could afford it, obviously given the limits already stipulated in the legislation itself.