Direito fundamental à proteção do trabalhador em face da automação: uma análise acerca do conteúdo e da efetividade do artigo 7º, XXVII, da Constituição Federal de 1988

Abstract

This research analyzed the content and effectiveness of worker protection in face of the automation provided for by article 7, XXVII, of the Federal Constitution of 1988. It was possible to identify the existence of deficiencies in the protection of fundamental rights worker to protection in the face of automation. There was a brief recovery historical background about the First, Second and Third Industrial Revolutions and how these phenomena were able to trigger the insertion of automation in the work environment, highlighting its harms and benefits. sought to demonstrate what are the effects of article 7, XXVII, of the Federal Constitution of 1988 since the time prior to its promulgation to the present, so that it was maintained that the interpretation currently made is outdated and that it is necessary to adapt the constitutional device to a new reality. In a second moment, they are discussed some doctrinal positions both within the scope of the effectiveness of the article 7, XXVII, of the Federal Constitution of 1988, regarding the possibility, or not, of creating infraconstitutional norm to supply the insufficiency of protection of the right fundamental listed. Finally, it was concluded that it would be faster and more effective than the Judiciary interpret the device under study in the sense of noting the limits of replacement of the human being by machines, the need to offer permanent professional qualification and the creation of new jobs, among others compensatory public policies, capable of securing work or, at minus the worker's income