Flexibilização da jornada de trabalho: a constitucionalidade do banco de horas

Abstract

This monograph presents a brief study about the constitutionality of Article 59 of the Consolidation of Labor Laws (CLT) in face of the changes promoted by the Labor Reform (Law 13467/21), namely: the possibility of individual negotiation for the conclusion of compensatory regime working day. The focus was given to the analysis of flexibilization of workers' rights after the introduction of this Law, from the perspective of the fundamental principles and guarantees guaranteed by the Federal Constitution of 1988. In light of the principle of prohibition of retrocession it will be observed that the text of the Constitution should be guiding the drafting, interpretation and application of all infra-constitutional legislation, so that changes in the Consolidation of Labor Laws can not violate its provisions. In this context, we will first address the history and concept of working days, as well as their compensation modalities, always observing the principle of labor rights protection. Then we will observe the changes resulting from the Labor Reform regarding the flexibility of working hours and their impact on employment relations. Finally, the constitutionality of art. 59 of the Consolidation of Labor Laws after the institution of Law 13467/2017, considering the fundamental rights and guarantees of workers. For this reason, the present monograph work proposes a critical analysis regarding the possible damages to the workers after the viability of realizing a direct agreement between employer and employee regarding the compensation of labor day. Therefore, the methodology used is a bibliographical review, with a study of norms and labor legislation.