A hermenêutica estruturante de Friedrich Muller como instrumento de interpretação constitucional das normas trabalhistas

Abstract

The impacts of the labor reform from the perspective of hermeneutics and Friedrich Müller's structural theory can be defined as a different assimilation of a legal fact, with significant repercussions in its structural dimension, being of great importance for the effective access to labor justice. In this context, issues related to hermeneutic and legal aspects are addressed, specifically discussing the role of hermeneutics, with emphasis on Friedrich Müller's structural theory, as well as a brief overview of Brazilian constitutional history and the international scope in general, the changes, controversies, and practical impacts of the reform, and finally, the analysis of the referred law from the mentioned theory, considering all the other discussed points. Thus, it is evident that the theme's problematic revolves around the following question: how to find a broader understanding of the labor norm, which, through the systemic interpretation method, can achieve justice by evaluating social reality? The study of the chosen theme has an impact on the current legal context because it presents a broader understanding of the labor reform, comprehending all its nuances and consequences, and obtaining knowledge about relevant issues of its social reality, as well as offering support for the formation of critical thinking and consequently facilitating claims for labor justice that addresses social facts, breaking away from mere legal positivism. Among the highlighted difficulties, the aim is to list in which aspects the Labor Reform impacted the social labor system. At the same time, it aims to present, through Friedrich Müller's systemic structural understanding, an adequate consideration of the essence of the constitutional labor norm, mechanisms of protection and enforcement of workers' rights, as an instrument to overcome gaps and antinomies, especially related to new technologies. As a methodological procedure, the dialectical method, thesis, antithesis, and synthesis, following the Hegelian view, will be used, considering the critical reality of labor in the face of the reform, the social impacts, and the interpretative dimension through Friedrich Müller's systemic hermeneutics, as a way of constitutional adaptation to the purpose of labor as a fundamental social right. This method will be used to discover how the Labor Reform has led to the weakening of labor relations and to present a proposal for improving labor justice through adequate interpretation. It concludes that the theme is within the context of improving labor justice by breaking the positivist paradigm, achieving a substantial interpretation of labor justice through Müller's structural hermeneutics.