A desconstrução articulada das redes de proteção trabalhistas: o papel das decisões judiciais

Abstract

This monograph aims to analyze the process of dismantling labor rights in Brazil, with a particular focus on the role played by judicial decisions, especially those of the Federal Supreme Court (STF), in this regressive trend. The study begins with the historical construction of labor legislation, emphasizing its origin as a response to social struggles and workers’ movements, which led to the enactment of the Consolidation of Labor Laws (CLT) in 1943. The 1988 Federal Constitution marked a significant advancement by elevating social rights to the level of fundamental guarantees and establishing the principle of non-retrogression. However, since the 1990s, with the rise of neoliberal policies, there has been a growing flexibilization of labor norms, further intensified by the 2017 labor reform (Law No. 13,467/2017). This reform, approved during a period of political and economic crisis, deeply altered the CLT and contributed to the precariousness of labor relations. The study highlights that the Judiciary, rather than acting as a guardian of fundamental rights, has legitimized social setbacks through decisions that relativize constitutional principles such as human dignity, labor protection, and the social function of labor law. The ruling on Extraordinary Appeal No. 958,252, which authorized unrestricted outsourcing, is presented as a key example of this trend. Based on a literature review and documentary analysis, the monograph concludes that the STF’s jurisprudence has contributed to the weakening of labor law and the erosion of social justice, contradicting the constitutional foundations that should guide legal interpretation.