Análise dos limites da negociação coletiva após o advento da lei n.º 13.467/2017 – reforma trabalhista

Abstract

The labor relations which guide employer and employee in Brazil are regulated by the Consolidation of Labor Laws (CLT). Recently the Brazilian government has promoted an intervention in the Labor Law called "Labor Reform", Law n.° 13.467 of 2017, in order to meet the demands for an update of the norms that govern Labor Law as an outlet for the economic crisis. Before the troubled scenario that Brazil is immersed, the Judiciary lives a moment of great importance, being demanded complex decisions with great repercussion on society in the face of the economic crisis. Thus, the general objective is to analyze the new limits of collective bargaining after legislative reform through inductive and qualitative methods, while the specific objectives are to identify the altered articles, verify their consistency with the legal system, delimit parameters for their interpretation and understand the scope delimited by the new legal diploma. Therefore, identifying what were the main changes introduced by Law n.° 13.467 of 2017 in the context of Collective Bargain - an instrument of Collective Labor Law which allows the negotiation between unions and companies regarding the working conditions of various economic sectors - leaning in regard of the new limits of negotiation of relative and absolute non-availability rights by means of this collective instrument. To do so, this work begins with an exposition about the main characteristics of Collective Labor Law and Collective Bargain, establishing its guiding principles. Then, a summary about the changes made by Law n. ° 13.467 of 2017 and the need for Legal Hermeneutics to integrate the new legislation into the legal system is presented. Finally, after establishing the hermeneutic parameters for the interpretation of the Law, it is concluded by the lack of technique from several provisions of the Labor Reform, which cause many problems of coherence known as antinomies, clarifying that the limits of collective bargain have been greatly expanded but does not have the power to go beyond the constitutionally established limits of the existential minimum and the dignity of the human person.