Jornada extenuante e direito ao lazer: a (in)viabilidade da PEC 8/2025 como medida reparatória ao mínimo existencial

Abstract

This essay aims to analyze whether the revision of the 6 x 1 scale, as a constitutional model of working hours, is a viable solution for dealing with the deficit of effectiveness of the right to leisure, in order to protect the worker conditions to the fulfillment of the existential minimum. In response, it was considered as a hypothesis that in view of the indivisibility of fundamental rights, the curtailing of the right to rest and leisure by exhausting legal journey compromises their physical and mental health, in order to violate their vital floor. Thus, PEC 8/2025, by proposing the replacement of the current working day model, expanding the weekly rest to three days every four worked, is raised as an alternative to its repair. Investigate, therefore, the feasibility of this proposal for the consolidation of new public policies and whether it is sufficient to repair the deficit of leisure right, as social law, becomes a herculean task, but necessary to this essay. Therefore, the foucauldian analysis on the effects of the docility of bodies conditioned to the work environment, depriving the worker of the free enjoyment of fundamental rights, will serve as a theoretical framework. Finally, the methodology adopted involves bibliographic and interdisciplinary studies, with exploratory and qualitative research, aiming to promote new insights on the impacts of excessive working hours and how this has hampered the effectiveness of the right to leisure, culminating with the proposal of the PEC previously mentioned.