Download This PaperBrazilian Labor Reform: 100th Anniversary International Labor Office
18 Pages Posted: 7 May 2020
Date Written: April 13, 2020
Abstract
This paper aims to analyze the effectivity the constitutional principle on non regression of social rights before the amendment into labor law. The “Labor Reform”, which was introduced into Brazil´s legal system by Law 13,467/17, has as its main purpose of increasing the flexibility possibilities for some labor issues. The Brazilian new Labor scheme has outlined the principal tendencies that have been fostered by the OECD (Organization for Economic Co-operation and Development). There are some legal aspects that have breached several specific constitutional commands, and those contradictions against the constitutional rules should be controlled by the contemporary movement, namely Social Constitutionalism. The Social Constitutionalism will be tested before the Brazilian courts as an effective framework to maintain the level of protection on social rights. This tool has been used to control the precariousness of labor rules by the occasional congressional majorities in times of great political turbulence in the National Congress. During the year that celebrates the 100th anniversary of the International Labor Office (ILO) there are some bad predictions about how the courts will use the constitutional rules to confront the neo-liberal’s practices behind the new wording rules. The experts have recognized a set of constitutional rules that are able to be used as a standard by the judicial review, namely “Constitutional System of Socially Protected Employment”.
Keywords: Minimum Civilizatory Standard, Constitutional System of Socially Protected Employment, Principle of Negotiated Sectoral Adequacy
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