A inconstitucionalidade da flexibilização do trabalho determinado na lei 13.467/2017.

Abstract

This research aims to critically analyze the effects derived from the changes that have occurred since the Labor Reform (Law nº 13.467/2017), which has modified a considerable number of articles from the Consolidation of Labor Laws (CLT), from the perspective of the modernization of labor rights through the relaxation of labor protections. Therefore, the main objective of this paper is to evaluate the problems of making work more flexible and why it is unconstitutional through the observation and comparison made between the flexibilization that occurred in several countries and the one in Brazil, besides analyzing which articles of the constitution are violated, as well as human resources violated, and whether constitutional principles such as social non-retrogression and worker protection, are being met. The method of approach used is the hypothetical-deductive, assuming that unconstitutionality is due to the changes brought by Law nº 13.467 / 17, more precisely those referring to the fundamental principles of the human being. As for the research technique, it consists of the bibliographic, national and foreign. Finally, it was found that the change in the CLT was responsible for imposing deregulatory flexibility, causing situations that lead to the precariousness of workers' rights, in addition to the existence of companies that gain unfair advantage in relation to labor exploitation of the weakest part of the relationship.