Concepções de liberdade na reforma trabalhistaa discussão da liberdade à luz das modificações da Lei 13.467/2017

Resumo

In 2017, amidst a period of enormous political chaos, the Brazilian Congress passed Law No. 13,467/2017, which was then nicknamed as the "Labor Reform", which amended a series of articles of the Consolidation of Labor Laws, dealing with both material law and procedural labor rights. From then on, there was a huge mobilization from both its defenders and its opponents to justify their political positions, especially around the implicit concept of freedom within the Reform. It can be argued, then, that such freedom is implicitly a polysemous term and from there emerges a dispute in the meaning and concept of freedom which allowed different groups with antagonistic biases to appropriate the concept of freedom to defend or to reject the Labor Reform. With this object defined, how freedom is conceptualized in the discussion of the Labor Reform was analyzed; complementing the main objetive, evaluating how the 5 freedoms of Sen, or his "unfreedoms", appear in the discussion around the Labor Reform were analyzed as well. The bibliographic method and the Publish or Perish program were utilized for the collection of articles; The authors who brought explicit definitions of freedom were then separated from the authors who did not, for a more in-depth analysis of the philosophical core and the cosmological vision of the authors in their respective foundations. The type of Sen's freedom, or "unfreedom", which prevailed within the author's visions was analyzed as well. It was concluded, based on the scope of analysis, that there is little recurrence to the contributions of philosophy by Law academics, there is a general prevalence of the Marxian current and social-liberal constitutionalism in the foundation of the authors' general criticisms against the Labor Reform. As for the prevalent type of the freedoms of Amartya Sen, there is ample mention of the suppression of political freedoms, the most mentioned type of unfreedom promoted by the Labor Reform, but there are criticism to unfreedom relating to the suppression of economic facilities and social opportunities within the changes brought about by the new law, although some authors point that there is potential for advances in some of these categories, especially regarding the guarantees of transparency.

Ficha do documento

Tipo

Outro

Ano

2024

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/41541

Temas

Governança

Palavras-chave

LiberdadeAmartya SenReforma trabalhistaLei nº 13.467/2017FreedomBrazilian labor reformLawDireitoDireito do trabalho - BrasilBrasil. [Lei n. 13.467, de 13 de julho de 2017]Sen, Amartya, 1933-