Papers by Shirley da Costa Pinheiro
REVISTA DA FACULDADE DE DIREITO DA UFPR, 2018
The Law 13,467/2017 admits the direct negotiation between workers and employers about many aspect... more The Law 13,467/2017 admits the direct negotiation between workers and employers about many aspects related to working conditions. Concerned about its possible effects, this article aims to discuss this flexibilization of rights, considering the high social inequality in Brazil and the issue of equality in this negotiation. It is questioned, as a research problem, whether formal equality, presupposed by the current norm, is a proper interpretation to promote the development and consistent with the fundamental objectives of the Republic, expressed in the Constitution of 1988. The paper uses the analysis of Thomas Piketty (2014) and the theory of Amartya Sen (2000), for whom development is a process of expansion of the freedoms that people enjoy, not restricted to economic growth, as references. The research is exploratory, with a qualitative approach, having as procedures the bibliographic and documentary survey, with consultation to the new labor legislation and official texts of the speeches that accompanied its elaboration. The study concludes that the negotiation of some rights can generate occupations that do not contemplate the idea of decent work, since material equality is not being guaranteed, and there may be an increase in social inequality in the country.
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Papers by Shirley da Costa Pinheiro