O enquadramento do grau de insalubridade por meio da negociação coletiva: a sobreposição do negociado sobre o técnico na reforma trabalhista de 2017

Abstract

This study carries out a critical analysis of the institute of framing the degree of unhealthy conditions through collective negotiation. Federal Law No. 13,467/2017, also known as Labor Reform, brought several changes to the Consolidation of Labor Laws (CLT). Among these changes, the new possibility stands out that what is agreed in collective bargaining has more weight than legislation in several aspects, including the framing of the degree of unhealthy conditions, as long as this is clearly outlined in a collective convention or agreement. work, without the requirement of a technical study to justify such a choice. This work, from a material perspective, aims to identify the effects of the Labor Reform on working conditions in environments considered unhealthy in Brazil. From a theoretical perspective, the research aims to offer a contribution to the academic analysis of the repercussions that the aforementioned legislative changes brought to the normative system of labor law, especially with regard to the adequacy of the reform to the axiological and normative principles of Brazilian Justrabalhism. To achieve these objectives, a theoretical, descriptive, bibliographic and interpretative research approach is adopted, which includes legislative analysis and the review of works by national authors. At the end of the study, it is observed that, although brazilian labor legislation has advanced standards to ensure a healthy working environment, the Labor Reform tends to establish more adverse, unsafe and unequal working conditions. Furthermore, this reform violates the principles of protection, the prohibition of regression and the right to a balanced environment, compromising the worker protection system that was gradually built throughout the history of Labor Law in the country.