O Movimento sindical e os desafios na formação de normas coletivas com a reforma trabalhista de 2017

Abstract

Much more than a simple legislative change, the well-known Labor Reform, which came into force in the country in November 2017, changed the relations between bosses and employees, subverting the protective order resulting from the conquests of workers in Brazil, and in the world, throughout centuries. Likewise, it left strong marks on the union dynamics, as a result of the alteration of the costing mechanisms and the weakening of the power of representation, despite the importance of the unions in agreeing collective norms. With a well-designed narrative about the need to increase jobs and reduce informality, the idea seduced a large part of the population, especially unemployed and discouraged people, in addition to the national business community that saw an opportunity to increase their profits. Within these strands, this study, which will be carried out by the deductive method, with the assessment of data and information in the interregnum of 2017 and 2019, will seek, above all, to analyze the union representation in the construction of autonomous rights and the developments after the Law n. 13,467 / 2017. In addition, it will analyze labor relations, from their genesis to associative movements, including unions and, finally, the representative role of these entities, especially with regard to the formation of collective labor agreements and conventions. After setting such guidelines, the changes presented by the Labor Reform and the consequences caused by the supremacy of the “negotiated over the legislature” will be analyzed. Preliminary results collected after the reform will also be presented, without forgetting to compare the referred law with constitutional and international norms.