A reforma trabalhista e o princípio da intervenção mínima na autonomia da vontade coletiva

Abstract

The Labor Reform brought significant changes to Labor Law with the express insertion of the principle of the minimum intervention in the autonomy of the collective will. Thus, agreements and collective agreements prevail over the legislated in certain cases, as amended by Law n° 13.467 of July 13, 2017. In the face of this, the work aims to verify in what sense the principle of the minimum intervention in the autonomy of collective will, inserted by the Labor Reform, may interfere with the employment relationship. In order to reach the objectives it was necessary to use the study of the deductive methodology, with researches in doctrines, articles, periodicals, jurisprudence and specific legislation. In the course of the study, the importance of the constitutional principles in the employment relation and the changes in the relation of employment pointed out in art. 611-A inserted with the Labor Reform were revealed. According to the research, the Reform brought greater flexibility to collective negotiations and agreements, guaranteeing minimal State interference. It is important, therefore, to strengthen the unions, when they seek to defend the interests of the worker. The Judiciary has the control of constitutionality of collective agreements and conventions, that is, the negotiated will prevail over the legislated when this is not in conflict with the constitutional precepts and minimum guarantees of the worker (sic).