A livre iniciativa como propulsora da liberdade contratual no direito do trabalho: fatores para o fortalecimento das relações trabalhistas

Abstract

Despite being a fundamental item in Brazilian economic order, the principle of free enterprise has been, in fact, mitigated over years by a great amount of bureaucratic procedures and expenses requested to undertake an enterprise or maintain business in this country. This scenario impacts economic growth and, consequently, labor relations, it occurs by unemployment increasing and consequent devaluation of work: it promotes a large supply of workers and little demand for labor. The Labor Law, with all its good intentions, couldn’t solve this problem, as there’s still much litigiousness in this field, less than half of private sector’s employees work formally and there are about 13 million unemployed individuals in the country. This study has as objective to establish the relationship between the effectiveness of free enterprise and strengthening of labor relations, emphasizing negotiation on labor field. The methodological procedure applied was the deductive one, as concrete applications are extracted from generalistic principles, also were conducted statistic data analysis, literature review and jurisprudential research. In conclusion, it’s inferred that labor relations would be beneficially affected by reducing the costs and obstacles on undertaking enterprises and business expansion in Brazil.