Principado do negociado sobre o legislado nas relações trabalhistas

Abstract

With the labor reform that took place in JUL/2017, the principle of what was negotiated over what was legislated was honored, posing questions about limited applicability or its expanded use, giving even more power to the employers' union, as the ultraactivity of previously negotiated rules was suppressed, after meeting the deadline stipulated in the negotiation. This monograph's general objective is to analyze the guiding norm of collective labor negotiation instruments, with emphasis on the possibilities and limitations of such legal interference, seeking to indicate how the evolution of Labor Law occurred in Brazil, as well as presenting the evolution of Unions in national territory and clarify the possibilities and limitations of collective bargaining instruments introduced into the CLT by the text of LAW No. 13,467, of July 13, 2017. We will seek to strengthen the arguments that dominate the innovation, with considerations from authors who focus on on the topics, as well as considerations being made from such notes, always considering weighing such arguments with the variations included in the Federal Constitution. The conclusion is that collective negotiations represent an advance for the working class, but innovations in collective bargaining instruments seem to weaken the bargaining power of unions more than to strengthen collective bargaining.