|
Transformations in labor relations and the intensification of the judicialization of conflicts pose complex challenges for justice systems around the world. In Brazil, the urgency and relevance of the discussion do not only arise from the various transformations in labor relations and recent legislative changes and governmental reorientations. At the center of the debate are recent decisions adopted by the Federal Supreme Court, which have a high impact on the performance of the Brazilian Labor Court. In recent decades, the mosaic of the world of work has undergone broad and profound transformations. These transformations have been intensified more recently, enhanced by the advancement of information and communication technologies. This has been generating the exponential growth, on a global scale, of informal, intermittent, precarious and "flexible" work [] . An unstructured job market emerges from this new scenario, aggravated by the dizzying growth of work through digital applications, concentrated around large global technology corporations, the so-called big techs . With the uberization of work, we witnessed the advent and expansion of salaried work based on the provision of services, generating the so-called "digital slavery". In Brazil, these transformations have been aggravated by legislative changes, government policies and decisions by the Federal Supreme Court.
In this extreme context, marked Greece Phone Number by the structural precariousness of work and the annihilation of the social movement that could catalyze the political struggle, it is increasingly urgent to build a space of hope capable of promoting the recovery of social rights and the historic achievements of the world of work . Justice systems, at this point, can play a fundamental role. In several countries, driven by decisions from the Courts of Justice, national parliaments are already beginning to approve legislation covering rights for workers who operate through digital platforms. An example of this recently occurred in Spain, through Royal Decree-ley , of May , the so-called "Riders Law", which started to guarantee labor rights to people dedicated to the delivery of consumer products or merchandise through of digital platforms. The fact is that, with the increasing displacement of labor conflicts to the courts, this gives rise to new spaces for economic and social struggles. In this scenario, the legal regulation of labor relations becomes increasingly dependent on the interpretations that are given by the Courts of Justice. As a result, the crisis in the administration of justice erupted. At the center of the crisis, in addition to the explosion of litigation, is the dispute over the meanings of legal interpretation.
As the activity of interpretation is a process of attributing meaning that involves valuation and choice by the judge, the real and concrete law ends up being that which arises from court decisions. In this sense, it is essential to evaluate the organization, structure, capillarity and performance of justice systems, in order to examine the extent to which they are prepared to understand the enormous complexities arising from transformations and to offer adequate responses to new demands for social justice. In Brazil, since , following the rise of the ultra-neoliberal governments of Michel Temer (-) and Jair Bolsonaro (-current), continuous and devastating labor reforms have been implemented, such as those promoted by Law , (Law of Outsourcing), Law , (Labour Reform Law) and Law , (Economic Freedom Law). As they contain serious violations of the Constitution and international treaties, many of their provisions are being questioned in Brazilian courts, including the Federal Supreme Court. But the Supreme Court, in addition to emptying the powers and responsibilities of the Labor Court, not only began to validate many of the legislative innovations, but also began to command a movement to erode Labor Law.
|
|