Instrumentos de proteção dos direitos humanos vs. Interesses econômicos dos estados soberanos: um breve questionamento sobre o empreendedorismo de necessidade e a falsa autonomia

Abstract

The article analyzes the precariousness of work in contemporary Brazilian society, with emphasis on the rise of the discourse of individual autonomy as a reflection of the transformations promoted by advanced capitalism and the digital age. It is argued that, although the narrative of freedom of choice in labor relations gains strength, especially with the encouragement of entrepreneurship and informality, this freedom is often configured as illusory. Reality shows that a large part of workers is compelled to adhere to precarious forms of work, such as pejotization, entrepreneurship out of necessity and work via digital platforms, not by choice, but as the only alternative for survival in the absence of formal jobs. The analysis shows that Brazil has not yet made satisfactory progress in the specific and comprehensive regulation of new forms of self-employment, which is insufficient to protect millions of workers who live in legal limbo. This gap compromises legal certainty and favors the erosion of fundamental social rights, contrary to the principles of human dignity and the social function of work enshrined in the Constitution. In contrast to this scenario, the article highlights international experiences that seek to guarantee labor protection and social security even in productive contexts marked by digitalization and informality, which show that it is possible to adapt Labor Law to the dynamics of the digital society, preserving historical rights and responding to new economic configurations. The urgency for a new legislative and institutional pact that recognizes the centrality of decent work as the foundation of a fair and sustainable society is highlighted.