Meio ambiente do trabalho e Reforma Trabalhista de 2017: uma análise à luz do direito fundamental ao meio ambiente do trabalho equilibrado

Abstract

This research addresses the impacts of the Law nº 13.467/2017, popularly known as Labor Reform, on the labor environment in Brazil. From the perspective that a balanced labor environment is a fundamental social right of workers, the aim is to analyze the new legislation as means of flexibilization and undermining of labor. What justified such study is the relevance and social impact of promoting a safe and healthy environment in labor relations, besides contributing to a better understanding of the meaning of the 2017 Labor Reform. This research starts from the phenomenon of the labor environment, its relations with other disciplines and its legal concept to then demonstrate its status as a fundamental right. Afterwards, the legal and normative protection of labor in Brazil is analyzed, from the times of slave labor to the process of flexibilization of labor legislation perceived in the country, especially after the 1990s. Then, is examined the legislative process behind the creation of Labor Reform of 2017 and understood as a normative instrument which aim is to undermine the labor relations in Brazil. Finally, the changes implemented by Law nº 13.467/2017 in the labor environment are analyzed, especially in matters involving the protection of working hours and breaks, prevalence of the negotiated over the legislated in terms of the labor environment, teleworking and work of pregnant and lactating women. At the end, the conclusion is presented that the 2017 Labor Reform is a normative instrument that weakens the protection of the labor environment in Brazil and goes against the fundamental right to a balanced labor environment. The research is carried out through the deductive approach method, in which the conclusion is sought based on established premises. The study has a qualitative nature and has a bibliographic-documentary research procedure.