Banca de QUALIFICAÇÃO: DANIEL CAVALCANTI MAGALHAES

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : DANIEL CAVALCANTI MAGALHAES
DATE: 26/03/2024
TIME: 09:00
LOCAL: Ambiente Virtual
TITLE:

THE (NON) EXERCISE OF PREVENTIVE CONVENTIONALITY CONTROL IN THE 2017 LABOR REFORM BY THE NATIONAL CONGRESS BRAZILIAN

KEY WORDS:

conventionality control, national congress, labor reform, legislative process, prior control.

PAGES: 111
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The conventionality control, in its prior and posterior moments, is the way to assess the respect that the legislation of a certain country has with the international commitments previously assumed by that state in matters of Human Rights. Such control, as mentioned, can be exercised at two moments, but in the present work, it was sought to address it through the prism of preventive control. In this case, the Legislative Power must carry out a legal and conventional analysis of the bill when discussing the norm in each legislative house. In this context, the issues related to the prior analysis of the conventionality of the labor reform by the Chamber of Deputies and the Federal Senate will be addressed. Thus, it is evident that the problem of the theme of prior conventionality control revolves around the following question: was there a prior conventionality control of the labor reform - Law n. 13.467/17 by the Brazilian Legislative Power? The study of this theme is justified because it sheds light on respect for international law that often the Brazilian legislative process does not follow. The relevance to social, economic, and legal reality is broad because the labor reform affected millions of formal workers earning up to two minimum wages, around two thirds of the economically active population. The issue is of such complexity that several actions were filed in the Federal Supreme Court questioning the sanctioned text of Law n. 13.467/17. Among the difficulties pointed out, the objective is to solve the issues of whether a preventive control of conventionality was exercised and if such control was exercised, it pointed out or would have pointed out incongruences and unconventionality. Such antinomies, if removed from the legal text beforehand, could not have violated labor human rights, could have brought more guarantees to workers, and increased legal security to employment contracts. As methodological procedures, this study adopts applied research of a qualitative approach, using a deductive method. The objective is descriptive, seeking to understand if in the existing discussions in the process of the labor reform there was preventive control of the conventionality of the text submitted for discussion. To achieve this objective, a bibliographic and documentary research will be carried out, focusing on literatures, documents, and cases that address the conventionality control in question. It is concluded, therefore, that the conventionality control, by the Legislative Power, during the approval process of the 2017 labor reform in Brazil, was not effectively applied in a way to ensure full consonance of the legislative changes with the international commitments of the country in the scope of workers' rights.

COMMITTEE MEMBERS:
Interno - 1051231 - LUCIANO ATHAYDE CHAVES
Interna - 1259912 - RENATA OLIVEIRA ALMEIDA MENEZES
Presidente - 2527208 - THIAGO OLIVEIRA MOREIRA