O equilíbrio do pêndulo: análise da equação axiológica entre o princípio do valor social do trabalho e o princípio da livre iniciativa no contexto da constituição social simbólica do Brasil

Abstract

The last few decades have brought with them new work models based on the advancement of technology, characterized, above all, by the intensification of digital platforms and by the hegemony of entrepreneurship, especially in Brazil. In this sense, this study aims to analyze the extent to which such changes are able to affect the necessary axiological balance between the social value of work and free enterprise, thus ensuring the effectiveness of the Social Constitution of Brazil inscribed in the text of 1988, as well as the need to readjust the concept of the principle of the social value of work in the search for a tutelage of workers within the fourth industrial revolution, avoiding that the social premises outlined in the Lei Maior do not fall into the field of symbolism legislative. In this sense, it is asked what premises can guide the opening of a new Labor Law, capable of, at the same time, encompassing these new legal labor relations, in order to adapt the social value of work and promote its adaptation to the principle of free enterprise, and ensure constitutional unity and the guarantee of the dignity of the worker's human person. Thus, starting from a qualitative method, in which bibliographical research was adopted as the main source, added to the analysis of statistical data, it was found that the axiological balance between the social value of work and free enterprise, idealized from a mathematical expression, indicates the need to build a new protective labor archetype in Brazil, which translates a Labor Law that is more extensive to new labor relations and less tied to the classic rigidity of the employment relationship. As a result, it is suggested that the relevance inherent to algorithmic subordination and a new model of Collective Labor Law, based on a review of the union model existing in Brazil, in line with the feasibility of Global Framework Agreements, constitute the fundamental guidelines of this new Labor Law.