Do lawfare à reforma trabalhista: o avanço da agenda neoliberal no Brasil

Abstract

The main objective of this masther’s thesis is to present the social effects of lawfare, specifically in its Brazilian form, on the national social formation, taking into account events from the last ten years that have significantly impacted the country's political-economic dynamics and the interaction of its institutions of power. This intention is pursued through the demonstration of various concepts of lawfare, which, based on its modus operandi, its agents and sponsors, and its neoliberal nature, is consolidated and, in this format, identified in the various reforms that have taken place in the Brazilian legal order. The focus is on labor reform, through an analysis that delves into various constitutional and legal provisions and different jurisprudential positions, where, from a more critical perspective, the presence of lawfare and the distancing of the State as a sovereign entity are noted, with repercussions on the fundamental human rights of the working population. How and for what reasons have legal, social, and geopolitical forces, both from within and outside the country, engendered a lawfare that culminated in the transformation of labor legislation and the weakening of workers' rights and guarantees? The hypothesis is that there is a cause-and-effect relationship between this phenomenon and the transformations in the national social legal framework that have occurred in recent years, guided by a clearly neoliberal directive.