Neoliberalismo, trabalho e democracia: um estudo sobre a reforma trabalhista de 2017 a partir do conteúdo dos discursos parlamentares

Abstract

The objective of this work was to analyze the rationality underlying the 2017 Labor Reform (Law 13.467/2017) from the content of the arguments contained in the parliamentary speeches in its defense. To achieve this objective, we analyzed the content of 112 speeches given by Federal Deputies and Senators in the sessions of their respective legislative houses in defense of the Labor Reform, in the period between February and August 2017. The research also aimed to analyze the 2017 Labor Reform and its relationship with democratic requirements, from two analytical paths: the disregard of social dialogue (lato sensu) in the legislative process and the suppression of social dialogue (stricto sensu) in the context of collective bargaining combined with the marginalization of collective agents. In order to do so, we carried out an analytical decomposition of the economic, political, social and legal characteristics of neoliberalism, the rationality that inspired the Labor Reform. It was also discussed the peculiarities of the implementation of the neoliberal agenda in Brazil from the 1990s, as well as the anti-democratic character of neoliberalism and, on the other hand, the democratic potential of social rights and Labor Law. The guiding landmarks of this research were the concepts of flexible accumulation, developed by David Harvey, and of neoliberal rationality, constructed by Pierre Dardot and Christian Laval. The methodology used consisted of literature review, document analysis and content analysis. The research undertaken allowed us to conclude that the 2017 Labor Reform was created from an undemocratic legislative process, characterized by the suppression of social dialogue (lato sensu) and indicative of the persistence of an aristocratic and unrepresentative parliament. Its anti-democratic content was also manifested by its intention to weaken unions and delegitimize them as workers' representatives, through the reduction of their negotiation and decision-making power, in favor of the primacy of an individualistic relationship model (suppression of stricto sensu social dialogue). As a result, the 2017 Labor Reform reduced the participation of the working class in decisions regarding work and the distribution of wealth as well as their resistance to labor flexibilization.