A Implementação da Racionalidade Neoliberal pelas Decisões do Supremo Tribunal Federal em Matéria Trabalhista

Abstract

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.