The Resistance in times of dismantling the Social State: the need of legal protection to subordinated human labor

Abstract

The Labor Law, inserted in the logic of exchange relations, arises to impose limits on the order of capital, making the system viable. Historically Labor Law has experienced episodes of extreme economic recession in which the crisis was the reason for deregulation of this social relationship. Recognizing that capitalism is crisis becomes essential to understand the fallacy of discourses that pursue mere reorganization of the economic form, which sees in the dismantling of social rights its form of cost reduction. The protection that gives rise to this special branch of Law is the protection against economic exploitation, where there is the social recognition that this relationship implies an unequal exchange: time of life in exchange for remuneration. Faced with the dismantling of rights promoted by Law 13467/17, the understanding of this principle of protection assumes greater relevance. Known as "labor reform", having as main argument the crisis, this rule has in its core rules that deny, from beginning to end, the positive protection in the Constitution. For this reason, it can not be applied, under risk of rupture of the system and commitment of the current constitutional order.