Exclusão sociojurídica dos Direitos sociais: o Direito do trabalho como forma de desenvolvimento humano.

Abstract

In a context of global globalization and narrowing of market relations, the concern with labor law rule norms becomes more and more. If in the late 1920s the failure of liberal policies and the gradual implementation of public policies of guarantees as labor guarantees through the Welfare State, with a capitalist crisis in the 1970s, there was a gradual attack of rights With an implementation of a new liberation of the economic liberalism, constituting the Neoliberalism, arriving at Brazil from the opening of the market, in the middle of 1980. Through a productive restructuring, it was sought an implementation of measures that precarizaram Work of form subtle. If before an interference of law in the world of work was seen as beneficial to safeguard workers from an exploitative and unjust regime, this view has been replaced as a hindrance to the proper functioning of the market. In this sense, production restructuring practices are increasingly implemented with the purpose of circumventing, and sometimes suppressing, the labor rights previously won. In this context, the present study seeks to perform an analysis of Neliberalism in Labor Law, focusing on measures of peioticion and outsourcing, observing the impacts of two phenomena in national labor law. It also seeks to study this phenomenon as derived from an ambiguous constitutional treatment with regard to social rights, facilitating an increasing process of socio-juridical exclusion of individuals. The final objective of the research, therefore, is to study the constitutional ambiguity and its influence in the Labor Law, seeking to verify how, in this environment, the violations and exclusions of this right are manifested.