A prorrogação da jornada de trabalho em ambientes insalubres e a lei n.º 13.467/2017 : uma das "modernizações" da reforma trabalhista

Abstract

This work presents a critique of the institute of extending working day in an unhealthy environment without the need for a prior license from the Ministry of Labor. Federal Law nº 13.467/2017 (Labor Reform) brings with it a series of changes in the regulations of the Consolidation of Labor Laws (CLL). One of the "innovations" of the aforementioned Law was to establish that what is negotiated prevails over the existing laws when dealing with a series of institutes, among which, on the extension of working hours in an unhealthy environment without the need for a prior license from the Ministry of Labor, as long as there is provision for such in a collective agreement or collective bargaining agreement. In response to this problem, this work, from an objective point of view, intends to point out the expected impacts of the Labor Reform on working conditions in an unhealthy environment. In turn, from a theoretical point of view, this research intends to contribute to the great academic effort of analyzing the repercussion of these legislation changes on the normative framework of labor law. In particular, verifying whether the aforementioned reform is in accordance with the axiological and normative assumptions of Brazilian “Justrabalhismo”. For this purpose, the theoretical, descriptive, bibliographic and interpretative research methodology are used, in which the legislative and bibliographic analysis of national authors are applied. At last, it is concluded that the labor legislation has a clear set of highly developed devices that seek to safeguard a healthy working environment. But, conflicting with all this, labor reform contributes to create a more unhealthy, insecure and unbalanced work environment. The labor reform also disrespects the principles of protection, the prohibition of retrogression and the right to a balanced environment, what weakens the system of labor protection produced throughout the historical evolution of Labor Law in Brazil.