Workers' contractual autonomy and neoliberal legal experimentation.
Keywords:
Rupturas legislativas, Experimentos jurídicos na pandemia / Contractual autonomy, Labor law, Impacts of neoliberalism. Legislative ruptures, Legal experiments in the pandemic.Abstract
https://doi.org/10.1590/2179-8966/2022/63730
This article aims to critically analyze the metamorphosis undergone by the concept and application of contractual autonomy in labor relations in Brazil under the impact of neoliberalism. It proposes to capture, from theoretical texts, the movements inherent to the capitalist mode of production and the process of formulation of collective autonomy, as a means to overcome the insufficiency of individual autonomy. It then proceeds to examine the current labor relations in Brazil, identifying the impact of such rationality on the roots of legislative ruptures and changes in contractual forms, based on the changes introduced by Law 13,467/2017 in the Consolidation of Labor Laws. From this same theoretical perspective, the Provisional Measures, issued in the course of the Covid-19 pandemic, stand as "legal experiments" with the potential to be absorbed by legislation and by contractual relations in the post-pandemic period.
Keywords: Contractual autonomy; Labor law; Impacts of neoliberalism. Legislative ruptures; Legal experiments in the pandemic.
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