Limites à flexibilização das normas trabalhistas brasileiras: Análise à luz do Princípio da Vedação do Retrocesso Social

Abstract

The work analyzes the phenomenon of flexibilization of labor rights in the face of the current economic scenario, outlining its hypotheses and limitations in the Brazilian legal system. To achieve the objective, the monograph explores the normative force of constitutional principles, specifically the non regression principle, which prevents the withdrawal of fundamental rights and the minimum for existence. A historical synthesis is made that refers to the origins of labor legislation, establishing the Industrial Revolution as the mark for the emergence of the institutionalization of the Labor Law. Moreover, the research devotes itself to evaluating the impacts of globalization on labor relations. The flexibilization of labour rights must be studied as a flexibilization of fundamental rights, protected by the Constitution. Finally, it seeks to analyze the legal basis of the principle of non regression, placing it as a limit to the flexibilization of labor rights. Thus, the present research, through a bibliographical and legal-theoretical survey, as well as the use of the deductive method, intends to demonstrate that the principle of non regression is present in the labor relations as a limit to the Legislative and to the collective autonomy due the promotion of human dignity.