DISCURSOS NEOLIBERAIS AUSTERITÁRIOS: IMPACTOS NA INTERPRETAÇÃO DA CONSTITUCIONALIDADE DOS DISPOSITIVOS PROVINDOS DA REFORMA TRABALHISTA BRASILEIRA DE 2017

Abstract

Since the 1990s, Brazil has undergone changes in the treatment of public issues, influenced by neoliberal global capitalism, prevalent since the 1970s, especially with regard to the financialization of socioeconomic issues. Changes in the size of the scope of the Labor Reform (Law 13,467/2017), which made the regulation of labor relations more flexible under the influence of neoliberal discourses. This is the basis for the view that this reform is part of the crisis and austerity, in addition to being an exceptional legislation, given the destabilization of Labor Law itself and the prioritization of the financial market over fundamental social rights. It is not surprising, in this context, that several provisions included by it in the labor legislation have been questioned due to their lack of adequacy to constitutional standards. Therefore, the research problem was proposed, asking how neoliberal discourses affect the interpretation given by the STF to the devices accused of unconstitutionality. To answer the question, bibliographic data produced on the categories "labor reform", "austeritarian neoliberal ideology" and "flexibilization and precariousness of the regulation of labor relations" were used, also accessing textual information contained in the entire content of the judgments of the ADIs filed in the STF on issues related to its constitutionality. This article is organized into three sections, in addition to the introduction and the final considerations. The first, addressing the methodological aspects of bibliographic and documentary research, the second, dealing with bibliographic data and the third, relating to documentary data.