Flexibilização dos Direitos Trabalhistas (CLT): consequências para o trabalho de professores da iniciativa privada do Mato Grosso do Sul

Abstract

Currently, our country has undergone numerous reforms inspired by a conservative ideal and implementation of measures to relax labor rights, which contrast with the primacy of the valorization of teaching work guaranteed in article 206, V, of the CRFB. This research addresses the themes of work and education, fundamental social rights according to art. 6 of the CFRB. Its fundamental questions are related to what the implications of the labor reform for the teaching work in the private education institutions in Mato Grosso do Sul (MS), and because of this, what subjects are treated in the labor private education institutions of the MS judged by the TRT 24ª R. since Jan 01. 2016 to 30 Apr. 2019, especially if those judged by that body have revealed chances of flexibilization of labor rights, and more, if those decisions have strengthened or curtailed this movement of precariousness of labor rights. And in order to resolve these issues, we start with the general objective of analyzing the initial implications of the labor reform instituted in particular by Laws no. 13,429 / 17 and no. 13,467 / 17, regarding the teaching work in private education institutions in the State of Mato Grosso do Sul. Specifically, it contextualizes historically the process of construction and dismantling of labor rights in the world and in Brazil, in order to follow the labor actions of the teachers of the private education institutions of the MS judged by TRT 24ª R. in the same mentioned period, and thus to analyze the first implications of the labor reform on teaching work in the MS's private education institutions, and finally, to analyze the role of the Judiciary, through the TRT 24ª R. judgments, as to be reinforcing or curbing that process of flexibilization of labor rights. The research methodology used in this work is the exploratory documentary, based on the database of judgments of the TRT 24ª R, using the entry "professor", without filtering how many types of actions, except for the temporal dimensions returned. During the research, we found 330 cases with their respective judgments, classified into three groups, other professions professionals (25%), infrequent procedural law issues (15%) and questions of substantive law (60%), and that among the judgments of the latter group, exemplary cases were erected for the analysis of employment, accumulation of functions, teacher-tutor, intra-day intervals, hours in itinere and accidents of teachers. In the light of this, we find that the material and immaterial losses and the serious potential of the physical and mental health of teachers, which are notprovoked or susceptible to change due to changes in the labor reform, are sensitive and concrete.As the constitutional revision of public policies for the valorization of teaching work, given the horizontal effectiveness of fundamental rights, the way to see that we communicate among each other the policies of valorization of teaching work established by the State and aimed at protecting the teaching work provided in the scope of teaching and the valuation of teaching work by means of the same measures being also applied in the private education sector.