Banca de DEFESA: SILVERIO DE SOUZA NORONHA NETO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : SILVERIO DE SOUZA NORONHA NETO
DATE: 28/08/2020
TIME: 15:00
LOCAL: Videoconferência (https://meet.google.com/ygb-fctx-rim)
TITLE:

THE AUTONOMY OF LABOR TRIBUNALS. Sustainable construction of peace and social justice in times of labor reform: considerations on the institutional role of labor tribunals and its political impacts on precarious employment

KEY WORDS:

Neoinstitutionalism; Work justice; relative autonomy of the State; decommodification; Labor reform; praxis.

PAGES: 169
BIG AREA: Ciências Humanas
AREA: Ciência Política
SUBÁREA: Estado e Governo
SPECIALTY: Estrutura e Transformação do Estado
SUMMARY:

The purpose of this dissertation is to demonstrate that the institutional intervention of labor tribunals is a praxis in the classic sense of Marxist dialectical analysis, and its decision-making behavior, relatively autonomous and independent, is effectively capable of transforming social reality, through a countermovement of demercantilization of the workforce, which is demonstrated by the real possibility of resistance to legislative innovations of market orientation brought by Act No. 13,467 (Labor Reform) of July 13, 2017, which amended Consolidação das Leis do Trabalho (CLT).

Based on the concept of mode of production and the related concepts of social formation, regional structures, relative autonomy, structure in dominance and determination in the last instance by the economic base, fundamental concepts of Marxist thought developed by Nicos Poulantzas (1936-1979), we demonstrate that the labor tribunals, as a regional and autonomous instance of the capitalist mode of production, despite the double institutionalization it structures, integrating the reproduction of the productive exploitation of the labor force and the social protection of the worker, has not only structural independence in relation to the other powers of the Union, but also autonomy and functional independence for the authorized allocation and the defense of the social values of work, to the detriment of liberally oriented tendencies towards the commodification of the forces of production, which, in the dialectical analysis, constitutes an emancipatory praxis, capable of resisting changes and define the course of legislative innovations and their immediate political effects.

For the analysis of the emancipatory praxis of labor courts, in this work we use the method of dialectic analysis based on Benson (1977) integrated with the neoinstitutional approach, to study the power of transformation of the social reality of the institutional praxis of labor tribunals.

The application of the four principles of Benson's dialectical analysis allowed us to demonstrate that the institutional restrictions created by the intervention of the labor tribunals on legislative changes aimed at the implementation of production processes, structures and relations supposedly more efficient and effective, without critically examining the impacts on workers' living conditions and their parallel effects on the disruption of the whole society, represents a critical and emancipatory praxis to guide the rules, procedures, speeches, practices and interpretative schemes that make up the legal field of social protection of work , and thus represents a major obstacle to defenders of free market ideology.

BANKING MEMBERS:
Presidente - 1475558 - LORE FORTES
Interno - 1501788 - ALEXSANDRO GALENO ARAUJO DANTAS
Externo à Instituição - WILLIAM GLEDSON E SILVA - UERN