A dinâmica do processo de flexibilização do direito do trabalho no Brasil nas últimas décadas: a ciranda nas esferas do poder

Abstract

Reflect on the challenges presented to the working class with regard to the flexibilization of labor rights throughout political conjunctures established in Brazil from the second half of the 1990s. This question is entangled in the problem that guides the research, that there was a real shaking, within the scope of the Powers constituted of the State, aiming at the implementation of flexibilization of Labor Law, being, at first, from the second half of the decade 1990, conducted by the Legislative and Executive, and later, from 2003, moving to the Judiciary, nevertheless in a constant, targeting that system of Power that, in a certain political and ideological moment, was more likely to incorporate the interests of the market. In this context, we sought to understand how, in recent years, Labor Justice itself has become a profitable field for the attainment of market interests, moving away from the protectionist principle and giving effect to the desires of capital, as an institutional sphere for the flexibilization of labor rights in a period of containment of the legislative route. Considering interdisciplinarity, the analysis to be carried out aims to demonstrate the variants that permeated two perspectives of government that, at least at some point, seemed to differentiate, but which either directly served to implement neoliberal politics in labor relations, or, from subservience to capital, presented themselves as an open field for their continuity, although with displacement in the spheres of Power. It was verified that in the shaking of the flexibilization of Labor Law carried out by the State Powers, the result is the same it is the prevalence of market interests, anchored in the neoliberal book, to the detriment of the working class, and the consequent shaking of the protective principle that gives support to the said branch of Law. At the heart of the analysis the Labor Court is in a crossfire, between the voracious pressure of the market and the economic and political elites, which even threaten its maintenance as Specialized Justice, or as sphere of confrontation of the neoliberal attacks, in a presumed barrier for the increasing implementation of the policy of fragmentation of the labor rights, whose recent measures, again carried by the Executive and Legislative, intend to lead to its last deregulation.