O empregado hipersuficiente: uma análise da Reforma Trabalhista ante os preceitos constitucionais e internacionais.

Abstract

The purpose of the present study is to analise the figure of the hypersufficient employee that had been implemented, in the national law system, by Law 13.467 / 2017 (BRASIL, 2017), as know as the “Labor Reform”, which inserted a single paragraph in article 444 of the Consolidation of Labor Laws (CLT). To execute this study, the theoretical framework of the Uruguayan writer and professor Américo Plá Rodriguez will be adopted as theory framework, in order to conceptualize fragility, as well as the need to establish dignified, egalitarian and protective conditions for the employee, given that he is the most vulnerable part at the labor relationship; especially in a time marked by social, economic and political changes. In addition, the present article, through a literature review and doctrinal positions, will analyze, in detail, the new business scenario presented by the legislator to the category of hypersufficient employees. The objective is to identify inconsistencies in the new legislation. Therefore, through the deductive-normative method, the Labor Reform rule will be placed in the face of the systematic assumptions of the Consolidation of Labor Laws (CLT), Decree-law 5452/43, of the Constitution of the Federative Republic of Brazil (CRFB / 88) and Convention 111 of the International Labor Organization (ILO). Finally, it is concluded that the sole paragraph of article 444 of the labor reform, under the terms as fixed in the article under study, is unconstitutional, unconventional and incompatible with the law.