Negociação coletiva, contrarreforma trabalhista e forma jurídica: crítica materialista à liberdade sindical

Abstract

This thesis aims to analyze through the critique of the legal form, how the 2017 Labor Reform exposes the normative limits of trade union freedom in Brazil, as a manifestation of capitalist exploitation. To achieve this goal, we will initially examine the legal phenomenon using historical-dialectical materialism, presenting the theoretical and methodological aspects of the research and the critique of the legal form within the context of Brazilian dependent capitalism, which is intertwined with racialized structures. Subsequently, we will explore the interconnectedness between Law, the State, and the 2017 Labor Reform to shed light on the resurgence of labor power exploitation and the capture of union action by the legal form. This will lead to a discussion on the structure of Brazilian trade unions and the legal boundaries of collective bargaining under the 2017 Labor Reform. We will examine the delineation of collective private autonomy and the legal ideology around to negotiations versus legislation. Finally, we will address the limitations of trade union freedom through a critique of the legal form, positioning collective bargaining as a hyper-real subsumption of labor to capital and law within the framework of Brazilian dependent capitalism. By employing historical-dialectical materialism and the critique of the legal form/ideology, we can uncover the ideological elements embedded in the legal-normative framework of collective bargaining. This will enable us to situate union freedom within the processes of the working class legalization. Consequently, we argue that the defense of trade union freedom is fundamentally at odds with the political struggle of the working class. This is due to its entanglement with legal ideology, which perpetuates the economic violence of capital, as well as its tendency to confine the working class within the logic of capitalist exploitation through legalization.