A reforma trabalhista e o efeito cliquet: uma análise da constitucionalidade e convencionalidade da lei 13.467/2017

Abstract

Labor Law is the branch of law that is involved in the noble function of protecting the employee against the employer, in order to promote material equality between the parties. In spite of this legal branch, it is considered that labor rights comprise the socalled Social Fundamental Rights, and, therefore, they are included in the basic rights of all employees. Notwithstanding this, Law No. 13,467 / 2017, known as the Labor Reform Law, passed on July 13, 2017, changed more than one hundred provisions of the Consolidation of Labor Laws (CLT), with the clear objective of reducing labor rights by employees over the last few decades. With this, the ordinary legislator promoted the greatest social retrogression ever observed in Brazil since the CLT was promulgated in 1943. Faced with such a social regression, the cliquet effect implicitly foreseen in the 1988 Federal Constitution remains evident. in art. 26 of the Pact of San José of Costa Rica, which renders this law unconstitutional and unconventional.