A autonomia privada com o advento da Lei 13.467/2017 na perspectiva do princípio do não retrocesso social

Abstract

Law 13,467/17, commonly called the Labor Reform Law, brought new wording of article 444 of the Consolidation of Labor Laws (CLT), by introducing the single paragraph to that article. The new text authorizes individual negotiation between employee and employer, determining its prevalence over collective instruments and attributing the same effectiveness to both. Furthermore, the new device authorizes such negotiation only with workers who are higher education diploma and whose salary is equal to or greater than twice the maximum limit of the General Social Security System, as well as limits it to matters provided for in article 611-A of the CLT. This innovation demands an analysis thorough both its content and its applicability. Therefore, it is fundamental to examine private autonomy in labor relations and verify if the said innovation violates the principle of social non-retrogression, so important for the Labor Law. Finally, it is necessary to examine judicial decisions applying the new wording of article 444 of the CLT, in order to observe the possible impacts of the de-characterization of the limiting pillar of private autonomy in the application of labor law