THE COVID-19 PANDEMIC IN BRAZIL: A LOOK FROM THE PERSPECTIVE OF VIOLATIONS SUFFERED IN THE LABOR SEARCH DUE TO THE UNCONSTITUTIONAL PROVISIONS OF PROVISIONAL MEASURE No. 936/2020

Abstract

The present research aims to study the material unconstitutional provisions present in Provisional Measure nº 936/2020, converted into Law nº 14,020 / 2020, studying more specifically the unconstitutionality of the reduction of the collective agreement to the detriment of the individual agreement and analysis on a decision of the Supreme Court Federal in this theme (ADI 6363), also commenting on the importance of union participation in labor relations within the scope of collective agreements. For this, an exploratory research was carried out, using biographical research techniques, visits to electronic sites and Brazilian legislation. Firstly, a study will be carried out on the harmful effects arising from MP 936/2020 and Law 14.020 / 2020 in times of pandemic in Brazil and how the main authors approached the matter. After a brief analysis of the negative impacts on labor law now arising from MP 936/2020 as well as its conversion into Law 14.020 / 2020 and the main difficulties that workers would face for their livelihood. In the background, reflections will be made on the possibility of entering into an individual agreement under the legislation now under analysis. In the third plan, the about the judgment of ADI nº 6363, where the Supreme Federal Court under concentrated control, which, in turn, denied the unconstitutionality of the devices that reduce collective bargaining, transposing negotiations for the individual level, in a more political than legal action.