A flexibilização do direito do trabalho como instrumento de desenvolvimento econômico em conflito com o princípio da vedação do retrocesso social

Abstract

As a way to counteract the economic downturn that affects almost all countries of the globe, many governments - especially the Europeans - beyond the creation of various economic packages have relaxed their labor standards in order to make labor cheaper and consequently increase the productivity in the pursuit of economic recovery. In Brazil, several doctrinal movements have also advocated the idea of flexibility our legislative instruments. However, this action has not been proven effective, and much more serious, has violated constitutional principles, among which stands out the principle of social backlash prohibition, which prohibits infra and even constitutional derived norms withdraw workers minimum social rights won over the years. Thus, this paper, through literature and legal-theoretical research, as well using the inductive method, aims to demonstrate that the flexibility of labor standards in the way that has been applied in our times, hurts the Federal Constitution and therefore cannot be cultivated in our legal system.