Controle de convencionalidade pela Justiça do Trabalho potiguar: um diagnóstico dos 5 (cinco) primeiros anos da Reforma Trabalhista

Abstract

This dissertation deals with the domestic jurisdictional control of conventionality of Law n. 13,467 carried out or not by labor judges from Rio Grande do Norte (Brazil), in the period between 11-11-2017 and 10-11-2022, based on the guidelines prepared by the Inter-American Court of Human Rights - Inter-American Court. According to that Court, domestic judges have the duty to verify the conformity of internal norms with those arising from international human rights norms. The study presented here aims to answer whether the judges linked to TRT 21 carried out the conventionality control of Law n. 13.467/2017 and, if so, what the jurisprudence of the Inter-American Court advocates was observed. To do so, it analyzes how the principle of the human dignity influenced the legal protection of human and worker rights. Then, it investigates the theory of domestic control of conventionality in the Inter-American System for the Protection of Human Rights and its main characteristics, guidelines and challenges. Continuing, examining the evolution of Labor Law and its main characteristics, as well as the ideals of flexibility and deregulation of this branch, to then present some of the changes promoted by Law n. 13,467/2017, seeking to identify to what extent, according to the doctrine, they may or may not contradict the human rights of the worker. Finally, it compiles and discusses the gathered data. In chapters 2 to 4, it adopts a deductive method of approach, in theoretical-descriptive research with a qualitative approach, through a bibliographical review. In chapter 5, it adopts an inductive method of approach, in empirical research with a quali-quantitative approach, based on jurisprudential research. Textual searches were carried out for the expression “conventionality control”, temporally delimited between 11-11-2017 and 10- 11-2022, and for other expressions and period, for comparative purposes. The study is justified by the strong aptitude of the technique for expanding the paradigms of unionization of contracts and working conditions; for the recurrent criticisms of the Labor Reform and for the possibility of international accountability of Brazil. It is concluded that the domestic control of conventionality as recommended by the InterAmerican Court has practically not been carried out in TRT 21 to examine the validity of the Labor Reform, since, in the 1st instance, only one judge applied the technique, including invoking a norm without relevance with the disputed right, and, in the 2nd instance, no judge undertook any control of conventionality and one of the judges concluded that the technique would not even be admitted by the Brazilian legal system.