The labor public order or the social public order has always been subject to modification by heteronomous or autonomous, collective or individual norms, more favorable to workers. Therefore, in fact, what is called flexibility today is generally a "downward" flexibility, a form of de-improvement or in pejus.
(URIARTE, Oscar Ermida. Flexibility. São Paulo: LTr, 2002. p. 10)
The world is changing rapidly, in all areas, through the revolutions we make. Currently, we are watching with keen interest the fall of countless dictators, especially in the Middle East. Changes arise from the power of citizens, who rebel and seek to transform their states into democratic ones, in which human and social rights are respected and valued.
After a long period under dictatorial rule, Brazil, through the 1988 Constitution, transformed itself into a Democratic State governed by the rule of law, founded on its citizen-based Constitution, thus giving precedence to democratic institutions.
The state model known as the Democratic State governed by the rule of law is an evolution of the Welfare State, containing normative advances that advocate equality, social justice, and the guarantee of fundamental human rights. In our model, the appreciation of human dignity as a fundamental value and principle gains importance and prominence.
Thus, the Brazilian State seeks to value the Brazilian citizen and, above all, to reduce social inequalities. It is true that there is a long way to go, but it is clearly outlined in the citizen-based Constitution.
In this scenario, to achieve the necessary balance, it is essential to have a strong and independent Judiciary, a guarantee of citizenship. It cannot be overstated that the labor judiciary has an important role to play. It should be reaffirmed that the 1988 Federal Constitution innovated the role assigned to the Judiciary in the Brazilian Social and Democratic State, as it mandates an active role for this branch in the face of the neglect of Parliament and the Executive in the implementation of social rights, human dignity, and the eradication of poverty, as established in Article 1, Section III, and Article 3, Section III, of the Federal Constitution.
The Brazilian judiciary is constantly renewing itself and is increasingly involved in institutional issues and the defense of democracy and the democratic state, without neglecting corporate matters, such as defending its prerogatives, fighting for decent pay commensurate with the responsibilities of the position, and demonstrating concern for improving working conditions and making jurisdiction more effective. An example is the quest to make labor law enforcement increasingly efficient.
Oscar Ermida Uriarte was a professor of Labor Law at the University of the Republic (Uruguay), an official at the International Labor Organization, and a member of the Wednesday Group. He was responsible for the critical reinterpretation of social issues and the progressive approach to the conception and development of Labor Law and Labor Procedural Law, leaving behind a vast intellectual output.
Men of Oscar Ermida Uriarte's caliber will never disappear. His ideas and ideals will forever be imprinted in our minds and hearts. His work seeks a just and truly humane world. He was an ardent defender of the humanist spirit that should permeate Labor Law institutions and a staunch opponent of deregulatory theories and the neoliberal deconstruction of labor guarantees.
The great lesson Oscar Ermida Uriarte leaves us is that it is possible to revive labor law, revalue it, and apply the social function of contracts to employment contracts as well, as a way to counteract efforts to deconstruct labor law and prevent the adoption of flexibilization measures that are harmful to workers and citizens.
We conclude with a special invitation to all labor law professionals, especially labor judges: to become increasingly involved in the work and ideals of Oscar Ermida Uriarte, a fundamental attitude for the realization of social law.