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No. 47

Published June 16, 2014

Revista Trabalhista Direito e Processo N. 47

Issue description

Labor law has been the target of constant attacks, notably by the so-called flexibilization doctrine.

Its increasingly aggressive approach is to detach labor law from its role as an instrument for improving workers' social conditions and achieving social justice, reducing human labor to the status of a mere commodity.

This context encompasses, for example, attempts to make the agreed upon prevail over the legislated, as seen in the bill that creates the collective bargaining agreement
with a specific purpose. In the name of respecting the "will of workers," this law allows for the individualization of working conditions without regard to occupational safety and hygiene standards and with the sole reference to compliance with Article 7 of the Constitution. This implies disregarding constitutional rules and principles that directly or indirectly affect the employment relationship, as well as rules and principles of international law that directly or indirectly affect this type of social relationship.

Hence the importance of reaffirming, day after day, the close relationship between labor law and human dignity and of concretely enforcing the rights inherent to it, recognized by international law (labor human rights) and the Constitution of the Republic (fundamental labor rights).

Human dignity is, and must never cease to be, the starting and finishing point of labor law and of any serious debate about its true role in society.

The Editorial Board