Precarização das relações de trabalho e flexibilização do direito do trabalho: a contraditoriedade desse ramo jurídico

Abstract

The primary aim of this research is the historical relationship between capital and labour. In a capitalist world dominated by neoliberal ideology, this dichotomy still raises perplexity and concern on those who worry about the economical, political and social inequalities in capital-labour relations. This dissertation begins with a general approach on the actions of the State. Considering the absence of State intervention in the economy, this will lead to the precariousness of employment relationships and to the increasing capitalist exploitation of the work force. This context only favours the capitalist’s purposes of increasing its profits and taking part in the international competition market. This essay also intended to analyse the role of law - especially the Labour Law, due to its institutional philosophy focusing on the protection of the working class - in this economic scenario. Moreover, this study investigates the flexibilisation process of labour relations, a movement fostered by neo-liberal logic that advocates the deregulation of worker’s rights and constitutional guarantees. This flexibilisation process triggered the debate upon the contradictory character of labour law, because it is conceived under the logic of capitalist ideology, which justifies a number of policies to collaborate with the degrading of workers’ rights. All this reflection on the precariousness of labour relations and the flexibilisation of the Labour Law was confirmed by the empirical analysis carried out in order to select judicial decisions at site of the Regional Labour Court with jurisdiction in the State of Minas Gerais. This research led to the conclusion that Law is an important means of legitimizing the possibility of hiring workers by methods designed to replace the original formal labour contracts. However, in this context of flexibilisation, the weaker part of this legal relationship remains unprotected.