A Implementação da Racionalidade Neoliberal pelas Decisões do Supremo Tribunal Federal em Matéria Trabalhista
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2024-07-10
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Universidade Federal de Goiás
Resumo
This research was dedicated to verifying the implementation of neoliberal rationality
through the decisions of the Federal Supreme Court in labor matters. It was an inductive,
interdisciplinary study involving a social phenomenon (neoliberalism) and labor law
issues, encompassing labor law as an expression of human rights of a social nature. It
consists of bibliographical and documentary research. It begins with a brief history of
the neoliberal movement, showing its position on the role of labor in the globalist
economy. It was shown that neoliberal rationality, from the beginning of its formation,
advocates the molding of legislation, jurisprudence and the division of labor to the needs
of economic development. The understanding of relevant neoliberal intellectuals and
their dissemination around the world was discussed. It was shown how this rationality is
indirectly imposed by international organizations (such as the International Monetary
Fund and the World Bank), as well as the recommendations of the Washington Consensus
in relation to work (fragmentation of labor rights and deregulation of work). To this end,
we used works by Brown, Dardot and Laval, Eucken, Hayek, Biavach and Moosa.
The second chapter shows how labor protection originated, what its objective was, what
economic conditions gave rise to it and how this protection developed until the 1988
Federal Constitution. It also shows that the Labor Court emerged in a political context
that was more protective of workers. To this end, we briefly discuss how the work
relationship in Brazil, since colonization, has been articulated between two economically
and socially unequal parties, giving rise to: Labor Law as a branch of law necessary to
regulate this relationship between unequal parties; and Labor Justice, as a specialized
court, faster and aware of the specificity of the work relationship, the principles that
regulate it and the social function of labor law. It was also discussed how the 1988
Federal Constitution, which followed a period of great repression in Brazil, introduced
the paradigm of Social Humanist Constitutionalism to the country, giving constitutional
status to the human being and to work, and providing for normative principles of a
humanist, democratic and social nature (several of which are included in the branch of
labor law). It was shown how Labor Law emerged as an expression of human rights of a
social nature, since it appeared as a pioneering legal branch in the protection of a
socially and economically subordinate class. It discusses the profound cultural crisis
faced by the democratic transition resulting from the 1988 Constitution, given the
implementation of neoliberal rationality in Brazil since the 1990s (more incisively after
Dilma Rousseff's impeachment in 2016), especially in the area of labor law. To this end,
it was based especially on the works of Bomfim, Delgado, Maior and Martins. Finally,
by analyzing binding decisions by the Federal Supreme Court in major labor matters
after 2016, it was found that this Court has been contributing to the implementation of
neoliberal rationality in Brazil, ultimately cooperating to weaken labor unions, make
labor rights more flexible, deregulate work and reduce the role of the state and the Labor
Court, in opposition to the ideals of social welfare established in the 1988 Federal
Constitution. To this end, ten binding STF decisions were chosen and analyzed. In order
to verify the flexibilization of labor rights resulting from collective bargaining, in which
Theme 1046 (established in ARE 1121633) was applied by the TST, a search was carried
out on the search engine of the TST's website. Research carried out by DIEESE, CUT,
CNJ (among other institutions) was also analyzed in order to verify the weakening of
workers' unions, the precariousness of work and the speed of the Labor Court.
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Rodrigues, L.M.F. A Implementação da Racionalidade Neoliberal pelas Decisões do Supremo Tribunal Federal em Matéria Trabalhista. 2024. 199 f. Dissertação (Mestrado em Direitos Humanos) - Pró Reitoria de Pós-graduação, da
Universidade Federal de Goiás, Goiânia, 2024.