Reforma trabalhista e negociação coletiva: uma análise sobre a valorização do princípio da prevalência do negociado sobre o legislado

Abstract

Collective bargaining is an instrument of dialogue between workers and employers that enables the creation of legal norms to govern labor relations. Through the collective bargaining instruments it is possible to establish changes that benefit the employee or reduce benefits previously assured to the same, and in the latter case, there are some limitations. Law No. 13467/2017, entitled "Labor Reform", brought greater freedom for collective bargaining by valuing the principle of the prevalence of the negotiated over the legislated. Articles 611-A and 611-B of the Consolidation of Labor Laws, which were introduced through the new legal instrument, deal with labor issues that may be subject to collective bargaining and have a prevalence over the law, as well as labor rights that do not can be traded. Faced with the expansion of possibilities for collective bargaining, questions arise about the consequences that this innovation will bring to labor relations. In the face of the expended, this work intends to analyze the changes brought to collective bargaining through the valorization of the principle of the prevalence of the negotiated over the legislated. Also, it aims to draw the possible limits for collective bargaining, in order to identify which labor rights are likely to be transacted and which can not be reduced.