O negociado sobre o legislado: a contradição normativa criada pela reforma trabalhista de 2017

Abstract

The prevalence of negotiated over legislated, authorized in specific points by the Federal Constitution, is not a recent issue in the normative system. With the advent of the 2017 Labor Reform, the legislator innovated, bringing on the Sections 444, sole paragraph, and 611-A, of the Consolidation of Labor Laws, the prevalence of the negotiated over the legislated. In this scenario, the objective of the present study is the analysis of the flexibility of the legislated authorized by the Federal Constitution and the contradiction of the new devices with the labor principle of the unavailability of the norm. It will also be addressed the individual contractual labor relationship, the labor principle basis, and the limits of the prevalence of individual negotiated over the legislated. A deductive method study will be made, with qualitative approach, citing scholars on the subject and analyzing the incongruities observed in the constitutional text and the labor law, which aims to broaden debates and reflections on the topic discussed, considering that by overcoming the constitutional limits, the new wording is in profound contradiction with the normative system in which it was inserted.