Rev. Educação e Fronteiras, Dourados, v. 14, n. 00, e024003, 2024. e-ISSN:2237-258X
DOI: https://doi.org/10.30612/eduf.v14i00.18640 16
Text 1: Challenges for the future regulation of work - "The International
Labour Organization invites us to reflect on the challenges for future labor
regulation – regardless of the conjunctural issues surrounding labor reform in
Brazil – proposing as its theme the raising of issues that are currently not well
addressed in the normative framework. [...] Firstly, it is necessary to clarify
some assumptions of legal regulation. Then, current challenges at the interface
between law and productive organization will be addressed, such as those
brought by transitions in forms of work, resulting in efforts to update labor
regulations, expanding discussions beyond the classical Fordist model and
national boundaries, yet without losing sight of some of the main functions of
labor law, reducing inequalities and controlling economic power. In
discussing adequate regulation for labor law, it is crucial to highlight the
complex manner in which it interacts with labor practices and power relations
among involved actors. Contrary to what is often propagated, the field of law
is not exempt from the influence of power relations and the imbalance of
social and economic agents, posing a challenge in establishing appropriate
regulations. [...] Continuing to map unresolved issues regarding the
employment relationship, four points stand out. The first point encompasses
the transformation of productive fabric and the reorganization of productive
capital. Many consequences of productive restructuring have not been
addressed in law, as concepts of company and employer increasingly diverge
from these actors' actual configurations, demanding a new stance not limited
to traditional and restrictive interpretations." (Coutinho, S G. Challenges for
regulation: issues not well addressed in the legal framework. In: ILO. Future
of Work in Brazil: perspectives and tripartite dialogues. Geneva: ILO, 2018,
our translation).
Text 2: Modernization of labor relations - "In 2017, the approval of laws
13,429/17 (outsourcing) and 13,467/17 (labor reform) promoted the
modernization of key points in labor laws, adapting them to more modern
production models and providing more flexibility in labor relations, which
was desired by both companies and workers. Now, it is necessary to ensure
the effectiveness of the approved laws. It is important to act to inform society
about the importance of the new legislation and to seek the best possible
application of these laws. It is also necessary for the country to continue
modernizing labor relations. There are still gaps in the legislation that leave
room for interpretation and create legal uncertainty, and there is excessive
bureaucracy that needs to be eliminated to reduce costs and improve the
efficiency of companies and the state. Brazil is one of the countries with the
highest number of labor lawsuits. Excessive judicialization is exacerbated by
a slow and expensive system, which generates costs and uncertainties. It is
expected that changes in labor legislation will strengthen collective bargaining
that can, through dialogue, adjust working conditions between companies and
workers in a way that benefits both. It is also important to advance in
promoting alternatives for conflict resolution and reducing judicialization. A
competitive and global industry demands updated, streamlined, flexible labor
relations with greater freedom of negotiation between workers and
employers." (CNI. Modernization of labor relations. In: CNI. Strategic Map
of Industry 2018-2022. Brasília: CNI, 2018, our translation).