INTERMITTENT WORK IN BRAZIL: AN ANALYSIS OF ITS(UN)CONSTITUTIONALITY

Abstract

This study aimed to identify and analyze the possible unconstitutionality issues associated with the intermittent employment contract, a modality introduced by Brazil's 2017 Labor Reform. The research sought to understand how this form of employment impacts the protection of workers' rights and its compliance with the constitutional principles established by the Federal Constitution. The analysis revealed that the intermittent employment contract poses several unconstitutionality concerns that may negatively affect workers' rights. Among the main issues identified are the potential violation of the right to minimum remuneration, economic insecurity due to irregular work schedules, and difficulties accessing proportional labor benefits, such as paid leave and the 13th salary. Judicial decisions and jurisprudence from the Supreme Federal Court (STF), the Superior Labor Court (TST), and Regional Labor Courts (TRTs) emphasized the need for clear regulations and protection mechanisms to ensure that the rights of intermittent workers are upheld. The research concludes that, although the intermittent employment contract offers flexibility, it is crucial that legislation and judicial practices ensure the protection of workers' rights and compliance with constitutional principles. The study recommends establishing clear rules on minimum remuneration and proportional rights, strengthening legal protections, and monitoring to prevent abuses. Education and guidance for workers and employers are also essential to ensure that rights are understood and respected. These measures are necessary to balance contractual flexibility with the protection of fundamental workers' rights, ensuring that labor market innovations do not compromise workers' security and dignity.