As transformações do direito do trabalho: da era industrial às reformas neoliberais

Abstract

Labor relations laws, in general, have often been reformed in recent decades, often imposing deregulation of minimum legal guarantees for workers. This dynamic also affects the employment relationship, in which the salaried employee, who contrasts with the figure of the employer, originates in the transformations of the historical context initiated in the Industrial Revolution, since then demonstrating the influence of economic issues on social issues. Nowadays, these influences are understood by the concept of neoliberalism, a movement that since the decline of classical liberal theory has affected, in addition to the economic policies of the states, the society and social rules. In this line of thought, this research deals with the historical transitions of labor law, beginning in the industrial era and ending in the current neoliberal reforms. Through a preliminary study on the emergence of labor law and its transformations throughout history, the central objective of this research is to analyze how labor law has transformed itself into the current context that, especially in the last decades, has provoked constant reforms. To achieve this goal, the industrial age, the historical context that founded the salaried worker, will first be studied. From this new reality in the labor area, abuses from the exploitation of the salaried worker, combined with the interests in the exploitation of this work, provoked a demand for rules that regulate the labor activity. Developed this, it will be possible to perceive the emergence of labor law as the fruit of a long process of evolution, which is consolidated after two events: the constitutionalization of labor law and the internationalization of labor legislation. However, the crises of capital, allied to a new context, manifested a new adaptation of capitalism, derived from a theoretical support of neoliberal theory. So the third and final part of this research will focus on studying the rise of neoliberalism and its influence on society, especially in reforming labor law. The methodology adopted in this research is based on the historical-critical method, focusing on the areas of sociology and history of law, theoretical influences that will contribute to the understanding of transformations in labor law. In addition, bibliographic research and analysis of laws were used as a procedure. In this way, from the paradigms explored in this research, it will be possible to verify that, despite the normative field built from the consolidation of labor law, the influence of neoliberalism has repercussions on the labor reform movement.