A era do negociado sobre o legislado: a precarização e individualização no Direito do Trabalho em tempos de pandemia

Abstract

The theme of negotiating rights gained visibility with the rise of MP 927 and 936 in the context of the pandemic, thus, it is proposed to compare the benefits of collective bargaining to the detriment of the individual agreements, as well as the effects on labor relations when the negotiation may overrule the State Law. The hypothesis presented is that collective bargaining is more beneficial to the worker, considering that its legitimacy is constituted by the fact that the union is the mediator of labor negotiation - making it egalitarian - while individual negotiation is seen as unequal, as it highlights the disparity of powers between the negotiation poles. It is also intended to analyze whether the negotiations – both or any of them – present positive results when compared to the legislation put in place, which is the Consolidation of Labor Laws. Furthermore, in the context of the COVID-19 Pandemic there was an intensification of individual negotiation, with the enactment of Provisional Measures 927 and 936, which will be discussed in this paper.