Trabalho intermitente: análise crítica à luz das atuais mudanças no cenário trabalhista brasileiro

Abstract

In relation to labour scope, brazilian juridical system has notably a protective character about employment relationships and the employee’s fragile image. However, the changes represented by the so-called Labour Reform (which was materialized by Law no. 13.467/2017) created a serie of uncertainties and doubts about the future of the country’s Labour Law and its application. Zero-hour contract is one point that deserves more attention: its legal insertion was inspired by foreign law. It is of great importance to address this issue, due to its timeliness and pertinence within Brazilian law. Here we want to discuss the insertion of intermittent work in Brazilian legislation and its impact. It was possible to delineate what is the said modality and to understand the model adopted by brazilian law, by explaining the concept and meaning. Historical study allowed the knowledge about the reality and jurisprudence before the regulation. Studying the law, it was sought identify the gaps and the needs of the legal text. Posteriorly, a study of comparative law was made, whose objective was to verify the similarities and differences between foreign legal diplomas, to finally understand the practical consequences of the adoption of zero-hour contract in Brazil. The conclusion is the need for greater regulation and rigidity.