O controle de convencionalidade como ferramenta de proteção dos direitos fundamentais do trabalhador e sua aplicação no âmbito da reforma trabalhista.

Abstract

This work analyzes in a bibliographical way, the Conventionality Control, the way it emerged and its ramifications, with the general objective of examining the forms and possibilities that this control exerts on the compatibility of Brazilian labor laws in the face of the human rights conventions of the International Labor Organization. Labor, ratified by Brazil, as a form of institutional protection of labor rights, and consequently of the human and fundamental rights of the worker. In order to do so, it presents how it works in order to understand how and what means are used to carry out this inspection on the signatory countries of the International Norms and Treaties, and their attributions in the external and internal scope. Thus, demonstrating to be an effector of human dignity, in the context of this work in the labor scope, given that it aims to directly protect human and fundamental rights, and work and workers' rights are inserted in this scenario. With this, it is later discussed about the Labor Reform and the collective norms that were changed or implemented by it, demonstrating the negative impacts regarding Brazil in the international scenario after the enactment of the aforementioned Reform, and the losses that occurred in the Collective Labor Law after its implementation against International Labor Organization Conventions. Regarding the aforementioned changes, it deals with greater emphasis on the negotiated over the legislated and observing what came to prevail in the case of collective bargaining and collective bargaining, constituting a new system of normative hierarchy in the labor field, which are included in the long list of art. 611-A, art. 611-B and art.444 of the CLT, analyzing that these provisions contradicted International Conventions, more specifically those of nº 98 and 154 of the ILO that aim to use collective bargaining as a means of improving the conditions of the worker, avoiding setbacks in relation to labor rights already conquered, which occurs in a totally different way after the enactment of Law nº 13.467/2017, because of this it drew the attention of the International Labor Organization and its Committee of Experts who acted on these aspects as will be demonstrated in that work. Keywords: Conventionality Control. Human and Fundamental Rights. Labor Reform. Collective Labor Law. Negotiated on the Law. Committee of Experts