A precarização das condições de trabalho: um olhar sobre a situação de teletrabalho causada pela pandemia - Covid 19 no ano de 2020 no Brasil

Abstract

This academic study analyzes the regulations on telework during the coronavirus pandemic, in particular Provisional Measures 927/2020 and 936/2020, Law n. 14.020/2020 that enabled the Brazilian worker to migrate to telework. The research aimed to understand legal consequences and possible attacks on fundamental rights and guarantees of the teleworkers. At first, the undergraduate thesis goes to understand international legislation and analyzes Brazilian regulations on telework and whether certain regulatory vacuums produce legal uncertainty for teleworkers. It is a bibliographical and documentary research. From the thesis development, it appears that, during the pandemic, teleworkers were precarious by public politics carried out by the Brazilian government and materialized in the legislation approved in the pandemic period, by allowing individual agreements to replace collective agreements and infraconstitutional legislation, mitigating social rights acquired historically, without, on the other hand, keeping the worker employed. Such measures give rise to the debate on the right to disconnection. The results show that in relation to MP 936/2020, transformed into Law n. 14.020/2020, had its constitutionality declared in ADI n. 6363, even though it directly infringes social rights present in the Federal Constitution. The study concluded that the year 2020 was marked by poor government management to maintain jobs, in contrast to rising unemployment, wage restraint, flexibility and job insecurity.