Constitutional profile of the individual agreement in labor matters

Abstract

The purpose of this essay is to reposition the individual agreement in the context of the individual employment contract, with the necessary re-reading of the dogmatics of Labor Law. The contemporary understanding of the constitutional profile of the formal sources related to the employment contract, in an asymmetrical contractual context, requires a hierarchical repositioning in accordance with its plasticity, in accordance with the principles of Labor Law. The 2017 Labor Reform (Law No. 13,467/17) was lavish in disciplining the individual agreement that, with the employee's consent, promotes contractual change, in contradiction to the normative prohibition of harmful inalterability. There is a necessary confrontation of the individual agreement with other formal sources explicit in the constitution, such as collective bargaining agreement, redefined in the protagonism of the principle of collective autonomy of will (article 7, item XXVI, CF) conferred by theme no. 152 RG of the STF, alongside fundamentality, legality in a civil law system. What role does private autonomy of the will play in this context? Are we experiencing the privatization of Labor Law? The jurisprudence paths adopted in the judgment of ADI nº 6363 and ADI nº 5994, in favor of their constitutionality, lead us to their adaptation to the labor normative estuary.