Flexibilização do direito do trabalho uma via necessária à manutenção do emprego ou medida de enfraquecimento do trabalho?

Abstract

The process of globalization occurred in recent decades as a result of neoliberal triumph, has been transforming every sphere of society, forcing all the social actors to adapt themselves to these changes. In the labour world this has meant the implementation of flexible policies of employment as a way to raise wages or increase the level of employment. This study aims to examine the foundations of the neoliberal discourse that serve to support implementation of this proposal flexibilatory, trying to focus on what policies have meant in terms of workers. For this is to observe the changes caused by globalization, aiming to understand this process and its relationship with the flexibilization of labor relations. This way, a bibliographic research was taken on some works that deal on the subject, the material was interpreted using the methods of deductive and historical-evolutionary, way concluding that the term flexibility has been used to describe a process that actually has the meaning the deregulation of labor law and, in turn, it is able to raise wages or increase the level of employment, leading, in fact, the informality of the work, with the growth of instability. Thus, the employment relations are again defined by the market without going through legal restrictions, resulting in high rates of turnover of work, enormous flexibility in the use of labor and higher wage dispersion. In this context, if suggests limits to this process of flexibilization, if not respected, and represented an affront to democracy, to the employee, this may mean a return to the condition of deprotection the beginning of capitalism, with the lost of their dignity.