Resumo:
This research analyzes the regulatory standard provided by the Bahian labor judiciary regarding the protection or lack thereof provided by Labor Law to lawyers linked to law firms that are structured as law firms operating in the Bahian legal labor market, based on the analysis of the case law of the Regional Labor Court of the 5th Region (Bahia) regarding the legal proceedings in which these professionals sought recognition of an employment relationship with the firms to which they were linked to practice their profession in the Bahian legal market, between the period 2000 and March 2024. The question is to what extent it is possible to affirm, or to what extent it can be affirmed, the establishment of limits, within the framework of the constitutional system of labor protection unsaturated by the constitutional order inaugurated in 1988 in Brazil, by this state subject of the regulatory arena, to the process of exploitation of the labor force of lawyers, considering this new professional morphology of the legal profession and its impacts. in the access to justice of these workers. The time frame aimed to capture the changes undergone by the professional practice of lawyers and their transposition to the arena of debate on social regulation, based on the consolidation of the neoliberal project in the Brazilian context, and also considering the relevant expansion of legal education and its impact on the number of professionals in the market. The main objective of the research is to identify the regulatory pattern provided by the Bahian labor judiciary regarding the protection or lack thereof provided by Labor Law to lawyers linked to law firms that are structured as law firms operating in the labor market in Bahia. To this end, an objective profile is drawn up extracted from the judgments; factual elements about labor relations as discussed in the decisions are analyzed, and the judicial position adopted in the cases regarding the recognition or non-recognition of the employment relationships pursued; the forms of professional insertion of the lawyer are verified, and consequent patterns of management and organization of work arising therefrom, based on the investigated judgments; the heterogeneity of the forms of professional insertion of the lawyer in the judged links is analyzed, the existence or not of discussion about the form of professional insertion of the lawyer, and consequent patterns of management and organization of work arising therefrom, and the precariousness of the work of the lawyer, articulation or not of foundations related to constitutional labor protection; and the pattern of social regulation of the work provided to these professionals by the Bahian Labor Judiciary, in the period analyzed, is identified, strengthening or weakening the constitutional labor protection of this category.
