As alterações trazidas pela reforma trabalhista em relação às normas de saúde e segurança do trabalhador: análise à luz do princípio da progressividade

Abstract

The purpose of this paper is to analyze, through a brief historical retrospective, an analysis of international and national labor legislation from the point of view of the principle of progressiveness set forth in article 7 of the 1988 Constitution, as this principle has affected (or not) which govern Labor Law up to the present day, with the advent of Law 13467/2017. This study, like many of the area, has a qualitative approach, where the obtained data are weighted and are interpreted by the researcher so that they can undergo value judgment within what is proposed in the work. It uses the dialectical method, which proposes the dialogue of three elements: thesis, antithesis and synthesis. Thus, it is possible to identify the three elements cited as: thesis - the constitutionalization of the principle of progressivity; antithesis - legislative changes in the field of labor law, in particular the labor reform. The synthesis represents the conclusion that the present work intends to reach. The present study intends to allow a dialogue between the progressive tendency of international and national labor legislation and the recent and dubious legislative choices made by the Brazilian Congress. The collected data will aim to expose the dynamics that emerged with the new reality, the reflexes of the new legislation in the context of the Brazilian Legal Order.