A hierarquia das normas entre o negociado e legislado segundo a reforma trabalhista frente aos princípios constitucionais e do direito do trabalho

Abstract

The prevalence of the negotiated over the legislated deals with the possibility granted by the Federal Constitution for collective bargaining, negotiated through collective bargaining agreements, to deal with labor rights of relative unavailability. Thus, the permissive granted to unions is not an innovation of Law No. 13,467 of July 13, 2017, known as labor reform, which the new legal provision introduced in the national legal system, specifically in Articles 611-A and 611-B. , the autonomy of the collective private will was new contours, increasing the range of the legal possibility of flexibility and restricting the performance of the Judiciary when analyzing the collective agreements. From this point of view, this study aims to examine, without pretending to exhaust the theme, the scope and limits of collective bargaining, after asking for constitutional principles and labor law, and the characteristics, with a view to ascertain whether labor reform violates the framework. protectionist available to the worker