PROJECTIONS FOR A NON-JUDICIAL MODEL OF LABOR CONFLICTS RESOLUTION IN THE POST-BRAZILIAN LABOR REFORM AND POST-EXTINCTION OF THE MINISTRY OF LABOUR
DOI:
https://doi.org/10.12662/2447-6641oj.v19i31.p96-126.2021Keywords:
Labor conflicts mediation, “Round Tables”, Labor relations, Brazilian labor reform, Ministry of LabourAbstract
Objective: After labor reform that took place in Brazil in 2017, and the extinction of the Ministry of Labour in 2019, the model of administrative adjudication of labor conflicts, called “Round Table”, has suffered a setback, as a result of the structural disarticulation of the management of the Brazilian labor and union relations system. The purpose of this article is, precisely, to examine the current context of the public administration of labor conflicts, to speculate about the possibility of reconstructing of this non-jurisdictional model for resolving labor conflicts and, at the limit, to test the conditions for the reversal of the process of institutional and discursive interdiction of class representations, especially of professional unions.
Methodology: This work is a theoretical and interdisciplinary contribution to the studies of labor relations in Brazil, that despite the legal accent, mobilizes some categories of sociology and political economy. The deductive method for normative and doctrinal analysis is predominantly applied. However, some critical systematizations of scenarios and causalities required resources and techniques from documentary ethnography and participant observation.
Results: The initial premises were confirmed. The first, which considers the extinction of the Brazilian Ministry of Labour as evidence of the (re)colonization of the social order by the economic order, in disagreement with the topological structure of the Brazilian Constitution. The second, that the 2017 labor reform was decisive for the strategy of silencing of workers' representations. The third, that the procedural model of public-administrative composition of labor conflicts is incompatible with the current management of labor relations in Brazil.
Contributions: In addition to bringing new contributions to the understanding of the Brazilian model of public mediation of labor conflicts (the Round Tables), and its relationship with the Brazilian Labour Inspection, this work offers some references for a paradigmatic reconfiguration of the public management of labor conflicts, within the scope of the Brazilian Labor Relations System.
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