Reforma trabalhista: uma análise do negociado sobre o legislado e a aplicação do princípio da proteçao

Abstract

Law No. 13,467, of July 13, 2017, brought exchange rate changes in the Consolidation of Labor Laws, being criticized because this is a reform made for beneficiaries or employers, regulating precarious forms of work. The present work seeks to understand a new business trend over the legislature, making a general analysis of how it is executed on the intended and future contracts in three chapters. No first chapter intends to study the action of the principle of protection, being relevant an analysis of its dismembered forms in labor relations. The second chapter studies the subjects of this relationship and the hierarchy between types of negotiation. In the third and final chapter, seek to clarify a relaxation of contract clauses as an effective means of avoiding litigation and to observe how the Superior Courts see this new possibility of deregulation. It can be concluded from this that the subject of the negotiations had already been adopted by the courts before the Reformation, as they were much closer to the demands and the reality of the workers, however, or the principle of protection is no longer effectively since The most favorable norm no longer exists when collective agreements take precedence over collective agreements. Note that this is the principle expressed from the preservation of unavailable rights listed in Article 611-B of the Consolidation of Labor Laws. This is a descriptive bibliographic and documentary research using the deductive method, with a broad-based descriptive research that deals with the Labor Reform, seeking to obtain more specific answers when it comes to the way the Superior Courts found when positioning. by instituting the Negotiated on the Legislate.