Da ineficácia do princípio da proteção em face da automação à promoção da automação social: parâmetros para equalizar a relação tecnologia-trabalho a partir da análise funcional dos sistemas sociais

Abstract

The products of Industry 4.0 and the resulting Digital Revolution have greatly influenced the dynamics of globalized capital which, already metamorphosed by the Third Industrial Revolution, has undergone even more mutations. From the improvement of technology and the automation process capable of replacing the work of man for the machine, accelerated by information and communication resources with the help of growing Artificial Intelligence that boosts the financial market, the unemployment rate in Brazil advanced and boosted the phenomenon known as technological unemployment. Seen as one of the great social problems of post-Modernity, it requires state effort in the conduct of decision-making with the purpose of articulating the technological increase to the social value of work and, thus, fulfilling the constitutional foundations and objectives. In this sense, the object of investigation is the is the worker protection device in the face of automation in the Brazilian legal system, inserted in article 7, item XXVII, of the Federal Constitution of 1988. It is noteworthy that the technologywork relationship in society, expanded during the period of social distance caused by COVID- 19, denotes a dysfunction between the legal, technological, political and economic fields, due to promoting an incessant search for national development without integrating growth to the prosperity of the worker as a human being, which characterizes his lack of protection and, consequently, the absence of social citizenship. In addition, once there is a Brazilian educational deficiency to fulfill the new functions required by the technological labor market, the following research question arises: How to safeguard the social effectiveness of the principle of worker protection in the face of automation by guaranteeing the social value of work and encouraging technological education in favor of Brazilian national development? Based on what is embodied in article 7 of the Magna Carta, the ineffectiveness of the principle of worker protection in the face of automation is verified, requiring an action that, at the same time, promotes national development and the social value of work, and be sure to consider the need for technological investments. What is intended, then, as the main objective is to analyze the constitutional principle of protection in the face of automation, in order to establish minimum normativehermeneutic parameters for a solution that removes the social ineffectiveness of this constitutional principle, based on the recognition of the importance of technological resources for the promotion of development, which only can occur through the protection of the social value of work. In order to achieve the objectives, this study is characterized by a qualitative approach, using the bibliographic data collection technique. Based on Luhmann's General Theory of Systems and on the interdependence between the functional subsystems of the social system of a complex society, the application of extensive legal-constitutional hermeneutics is proposed for its teleological, sociological and systematic methods of legal interpretation of the principle of protection in face of automation. Thus, it will be possible to understand the interdisciplinarity between law, economics, technology and politics and, therefore, to achieve the protection of the worker so that he is not a victim of technological development. To do so, it explains the social context using primary sources and data obtained through indirect documentation but progresses in the form of theoretical and bibliographic discussion with an eminently qualitative scope. Having demonstrated the impacts of the legislative omission of automation in Brazil, the constitutional parameters to equalize the technology-work relationship through the promotion of social automation are exposed.