A crise do direito contemporâneo do trabalho e os aspectos paradigmáticos das principais inconstitucionalidades da reforma trabalhista relativos à jornada de trabalho: perspectivas da lei n.º 13.467, de 13 de julho de 2017

Abstract

The Executive Branch together with the National Congress promoted a labor reform in 2017, presenting profound changes in the bases of Brazilian labor law and in the Consolidation of Labor Laws (Decree Law No. 5,452, dated May 1, 1943), through of Law No. 13,467 of July 13, 2017. The main objective of this present academic study is to analyze, in the light of the Constitution of the Federative Republic of Brazil of 1988 and of the constitutional principles related to Labor Law, the main unconstitutionalities of these changes , especially related to the Working Day. Meanwhile, we will discuss the impacts of the new legislation that has provoked a real crisis in contemporary Labor Law at the national level, before existing, but with the new law evidenced. In this sense, the analysis that is being carried out, preambularly, presented a brief history of the Juslaboral Law, as well as its evolution and its reflexes in the contemporaneity. Also, the general objective was to carry out an analysis of the labor reform in its perspective of flexibilization and deregulation in the field of Labor Law. In addition, the specific objective was to study the impacts of the reform in the institute of the work day, pointing out possible incompatibilities with the Political Charter of 1988, in order to reveal the unconstitutionalities of the labor reform in relation to the constitutional substratum in force regarding the Working Day, pointing out which was more intense in the collision with the Basic Law, so as to make it possible to read the new labor legislation under the scrutiny of the petrified institutes in the constitutional text, which have been historically achieved and must be preserved. Well, the question raised as problematic is whether Law 13.467 / 2017, through its perspective of flexibilization of the working day, introduced an unconstitutional norm in the Brazilian legal system? Moreover, the justification for this study is the reflection on the need for constant constitutionalisation of any normative innovation in the field of Labor Law, as well as the importance of the constitutionality control for juslaboral law. Thus, the methodology used was the bibliographical research of the main doctrines of labor law, examination of the legislation and scientific articles related to the subject. Conclusively, the points of agreement with the Federal Constitution of 1988 and the constitutional principles of the work were clarified, evidencing the possible unconstitutionalities of the changes related to the working day.