THE PREVALENCE OF NEGOTIATION OVER LEGISLATURE POST LABOR REFORM: ANALYSIS FROM THE PERSPECTIVE OF THE CURRENT CONTEXT OF UNIONSHIP IN BRAZIL

Abstract

The labor reform, arising from Law 13,467/2017, represented an important change in the conception of State protection of employment relations. One of the most significant changes was the prevalence of collective bargaining over legislation. However, the problem arises as, through provisions of the new law itself, the union entities, which are competent to carry out negotiations, have suffered severe impacts. In this sense, this research sought to verify whether there is coherence or contradiction in the reform regarding this situation, considering the current moment of the union movement in Brazil. From the analysis of the material collected, it is concluded that provisions of the new law, such as the removal of the compulsory nature of the old union tax and the deregulation of traditional employment contracts, culminate in the weakening of the union movement, revealing the contradiction of the reform in this aspect.