A regulamentação da jornada de trabalho 12x36 pela reforma trabalhista e seus impactos: uma análise à luz do princípio da proteção.

Abstract

Given the growing need to understand the practical implications of changes legal, especially in a field as crucial as labor relations, this research addresses the regulation of the 12-hour working day and 36 hours of rest introduced by the Labor Reform (Law nº 13,467/2017) and its effects on the work context, from the perspective of the principle of protection, in order to analyze whether this standardization was advantageous for workers. To this end, it was necessary to define the concept of the protective principle, examining its origin, foundations and application; place the Labor Reform in the context Brazilian legal and social; and analyze the 12x36 journey from pre- and post-reform perspectives, identifying the changes that have occurred and the impacts on worker protection. How to contribute methodological, bibliographic and documentary research techniques were used, of a basic, characterized in terms of objectives as descriptive, with a qualitative approach. Like this, it was found that several legislative changes, including those introduced in the CLT by the article 59-A, have caused an erosion of labor rights and worker protection. To the provisions dealing with the 12x36 regime are in conflict with constitutional provisions and other labor standards. In addition to the clear unconstitutionality, it was possible to observe that the implementation of this modality can increase the incidence of accidents, which development of occupational diseases and the reduction of time available for life personal and social. Furthermore, its widespread use, without distinction of professional category, as well as such as the permission of their individual agreement, represent a form of precariousness of work relationships. In view of this, it was concluded that the standardization of the working day 12x36, promoted by Law No. 13,467/2017, by compromising the health protection framework, occupational hygiene and safety to the detriment of economic interests, did not prove to be beneficial for workers.