Contrato de trabalho intermitente versus proteção constitucional do trabalho: uma análise dos silêncios e contradições do Tribunal Regional do Trabalho da Segunda Região entre 2017 e 2020

Abstract

The general objective of this dissertation is to identify the jurisdictional behavior regarding the intermittent work contracts judicialized in the Regional Labor Court of the Second Region (RLC2) between November 11, 2017 and January 23, 2020, from the analysis of judgments of ordinary appeals rendered by the panels of this Regional Court. The approach included the study of the contradictions surrounding the employment contract, especially in a peripheral and dependent context like Brazil's, as well as the impacts of neoliberal reforms on the already limited forms of labour protection. The role of the labour judiciary in this complex regulatory context was also discussed. Subsequently, an empirical jurisprudential research of the judgments handed down in the Regional Labour Court of the Second Region (RLC2) involving the intermittent work contract between November 11, 2017 (when the labour reform came into force) and January 23, 2020, the beginning of the research, was conducted. Through the analysis of judgments of the RLC2, empirical evidence was gathered that the issue did not receive a uniform or at least majority treatment from the Court. On the contrary, the matter was the object of disputes within the Court, with relevant and distinct jurisprudential behaviours. It is noteworthy that the jurisprudential behavior of the RLC2 showed silencing with regard to the control of constitutionality on the form of intermittent hiring.