O negociado sobre o legislado na ótica da OIT: "caso Brasil"

Abstract

This paper is about a subject of great importance nowadays, given the changes implemented by the Labor Reform in Brazil. Currently, it is essential to renew the way labor rules are interpreted in order to protect the maximum rights of workers. In addition to the search for security of these rights in the Constitution, it is very important the verification of international labor standards. In this regard, it is noted that, currently, employee unions are finding it difficult to sign collective agreements with employers. This is because now the CLT establishes that collective agreements have prevalence over the law. Corollary of this is that, as collective bargaining aimes at expanding labor rights and, consequently, increases the cost of each employee, companies prefer not to sign them, staying at the legal minimum. This situation led to the representation of Brazil before the ILO, which requested that the country presented informations about the innovations brought by the Reform, in light of the provisions of Convention nº 98, which deals with the Right to Organize and Collective Bargaining. Therefore, it is extremely important to carry out an analysis of the ILO's vision of Law nº 13467/2017, towards expanding the protection so much needed by the worker, as it has a social, economic and international repercussion.