Negociação coletiva: as diferentes faces do instituto e sua aplicação na Reforma Trabalhista e na pandemia da Covid-19

Abstract

This article analyzes the collective bargaining institute in its different aspects, with emphasis on its use as a method of solving labor conflicts, in the creation of legal norms applicable to labor relations and also as a democratic instrument, recognized by international law as a way to improve working conditions. This article aims to analyze the treatment given to the collective bargaining institute in Brazilian Law, especially after the significant changes proposed by the Labor Reform - which determined the prevalence of the negotiated over the legislated, expanding the list of issues that can be object of in the collective labor negotiation - and the legislation edited in the context of a pandemic - exemplified by Provisional Measures 927/2020 and 936/2020, which remove the obligation of collective bargaining, replacing it with the possibility of signing individual agreements. The methodology adopted refers to the theoretical research, which will consist of the study of bibliography relevant to the subject of collective bargaining, still, the theoretical and legislative content relevant to the theme will be analyzed, as well as the judgment of the Direct Action of Unconstitutionality 6363. The thesis defended is that collective labor bargaining cannot be read as an instrument for the suppression and loss of labor rights, taking into account the need to read the institute within the Brazilian legal system as a whole.