Dispensa em massa e a agenda de trabalho decente da OIT: uma análise do art. 477-A da CLT sob a luz da Constituição Federal e dos Tratados Internacionais de Direitos Humanos em sede de Controle de Convencionalidade

Abstract

The present research aims to study mass layoffs in the context of Labor Reform and Decent Work Agenda, proposed by ILO (International Labor Organization). It is about an extremely important debate due to the serious economic crisis aggravated by the Covid-19 pandemic. Specifically about Brazil, the situation becomes even more alarming, because the Law 13.467/17 - that added article 477-A to CLT - aimed to match mass layoffs to individual layoffs in an an attempt to push away participations of union entities from the process of mass layoffs, in a structured pace to weaken the social dialogue. For that, the research seeks to analyse the referred device, enlightened by doctrinal interpretations, jurisprudential and institutional actors, by the Federal Constitution and mostly by the International Human Rights Treaty, notably the ILO conventions, in view of conventionality control. The research concludes on the importance of that participation assurance for a better democratic development.