The non-respect of the principle of the protection of workers by the labor reform

Authors

  • Eduardo Baptista Vieira Ministério da Economia

DOI:

https://doi.org/10.33637/2595-847x.2019-34

Keywords:

Reforma trabalhista

Abstract

The article presents the non-observance of the principle of worker protection by the Brazilian labor reform, as a result of a bibliographical research and analysis of Law No. 13467 of July 13, 2017, known as labor reform. It begins the study with concepts of legal principles and presenting constitutional and specific principles of Labor Law, especially the concept of the principle of worker protection. The principle of worker protection, according to doctrinal understanding, is constituted by the principle of the most favorable norm to the worker, by the principle of the most beneficial condition to the worker and by the principle of the in dubio pro operario, and is considered the most significant of the structure of the Law of the Job. Some changes implemented in labor legislation by the labor reform did not observe the principle of worker protection, a fact that should affect both the execution and the interpretation of the Brazilian labor norm, reducing worker protection, typical feature of Labor Law.

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Published

2019-12-02

How to Cite

Baptista Vieira, E. (2019). The non-respect of the principle of the protection of workers by the labor reform. Laborare, 2(3), 60–80. https://doi.org/10.33637/2595-847x.2019-34

Issue

Section

Artigos