A modernização do Direito do Trabalho brasileiro: a posição da CUT a respeito da prevalência do negociado sobre o legislado e os pontos de vista dos seus interlocutores.

Abstract

Since the late 80s, several initiatives began to occur in Brazil to upgrade labor legislation driven by the increase dynamics of economic globalization process and the neo-liberal offensive that began to characterize it. The initiatives to empower market positions resulted in a large amount of legal status no longer based in full-time working and undetermined time contracts. The social developments of this legal scenarios end up working as a means of collective demobilization, resulting in a framework in which the labor unions lose much of their strength as representative entities. In this context, from 2001, are presented Bills (5.483/2001 and 4.193/2012), documents from business entities, workers and political party proposing the prevalence of the negotiated over the legislated as a way to strengthen the role of collective bargaining. CNI in order to eliminate the inflexibility of labor laws proposes the document “The 101 Proposals" and the PMDB propose a document named “A bridge to the future". For some, ACE’s proposal presented by part of the ABC Metalworkers Union, bound by CUT, has the same intention. These proposals are the reason of deep disagreements and some misunderstandings among the social actors including the workers unions, employer organizations, Labor Justice and the Public Ministry of Labor. Those who criticize these proposals understand that these bills are an effort to soften labor laws, what could lead to great job insecurity. On the other hand, their supporters see in these empowerment instruments for collective bargaining as normative source, the opportunity to promote parties’ collective free will strengthening, contributing, thus, to overcome the state tutelary performance character of Brazilian labor and union legislations. With this in view, the purpose of this research is to understand what has been CUT’s position about collective bargaining and how other social actors feel about this position.