Labor reform is unconstitutional.
Civil disobedience regarding labor reform is necessary and legally provided for under Article 1 and § 2 of Article 5 of the 1988 Federal Constitution. Note, dear reader, that 81% of Brazilians consider labor reform detrimental to employees.
The infamous labor reform, provided for in Law 13.467/2017, which modifies for the worse — in the eyes of the worker — more than 100 items of the Consolidation of Labor Laws (CLT), comes into force this Saturday (11). These changes are unconstitutional, because, even approved in the National Congress, they violate the fundamental rights enshrined in the Citizen Constitution of 1988.
That being said, hiring practices that occur from today onwards under the labor reform will be considered by judges, magistrates, and labor ministers as "precarious employment," reflecting the precariousness of rights that the legislation will now offer to the working class.
"We took an oath to judge and we will apply the ordinary law that approved the labor reform, but we will not apply it in isolation. It is a labor law that is framed within the framework of constitutional protection and international legislation," explained Minister Delaíde Miranda Arantes of the Superior Labor Court, in a public hearing held in late September in the Senate.
Because it is an unconstitutional law, if there are labor lawsuits, that is, if the employee takes legal action against the employer, the court decisions will be based on the previous rules, which are more beneficial to the worker.
Furthermore, unions are already including "safeguard clauses" in collective agreements with companies to protect themselves from these setbacks.
Civil disobedience regarding labor reform is necessary and legally provided for under Article 1 and Paragraph 2 of Article 5 of the 1988 Federal Constitution.
Please note, dear reader, that 81% of Brazilians consider the labor reform harmful to employees and therefore very good for employers—the bad employers who yearn to enslave workers.
Summary of the situation: the "sistema S" (a group of Brazilian business associations) "won," but didn't get the prize.
* This is an opinion article, the responsibility of the author, and does not reflect the opinion of Brasil 247.
