A aplicação do princípio protetor frente à flexibilização das normas trabalhistas

Abstract

The present work has for objective to approach the subject of the application of the principle of the protection in the Law of the Work front the current trend of flexibility of the working norms. The birth of the protective principle if confuses with the proper origin of the Law of the Work. Been born at the time of the Industrial Revolution, where if they verified innumerable forms of exploration of the human work, the protection of the part most fragile in the work relation became necessary, the worker, through state interventionism, in order to guarantee social justice. However, the current partner-economic context, characterized for phenomena as the globalization of the economy and the technological development, considers a new reading of the principle of the protection, in way that the work relations continue being supported for minimum rights, constitutionally guaranteed, in order to assure worthy conditions of life to the man who works, without, however, to leave to mold the requirements of the present time. In this context, it makes a parallel enters the essential protection to the worker and the not less necessary flexibility of the labor norms in the context of the current Brazilian partner-economic scene, defending itself, therefore, the flexibility that brings benefits to the society, but that at any point it confronts the rights of the workers in its essence and necessity. What, in the truth, it is imposed is that the worker is strong ahead of the capital, being capable to negotiate its rights in equality of conditions, in way that the two parts of the production relation are benefited, same that to the cost of reciprocal resignations, as it only happens in contracts and ethical agreements.