O processo de construção e desconstrução da tela de proteção social do trabalho: Tempos de regresso

Abstract

The essay discusses the process of building Labor Law, an autonomous branch of Law anchored on basic principles that are its raison d'être and whose genesis is in the Great Industry of the 19th Century. This is followed by some considerations on this process in Brazil in the 1930s, pari passu to the country's industrialization, emphasizing certain Brazilian socio-economic specificities. To this end, the essay examines the development of some labor rules, the creation of the "Juntas de Conciliação e Julgamento" (Councils of Conciliation and Judgment), Labor Justice and the Consolidation of Labor Laws (CLT), in 1943, in a non-linear process that continued until the Federal Constitution of 1988, in which workers' rights are elevated to the condition of basic social rights. In a second moment, the article highlights certain elements in order to discuss the deconstruction of the social protection net as one of the impacts of today's globalized capitalism, focusing on the regulatory process of outsourcing in Brazil. To conclude, some final considerations are made.