33 years of the Constitution of 1988:

progress and backwards in the protection of fundamental labor law

Authors

  • Marco Antônio César Villatore
  • Lincoln Zub Dutra
  • Miriam Olivia Knopik Ferraz

Keywords:

33 anos da Constituição; Força normativa; Direito fundamental ao trabalho.

Abstract

The present study outlines the main foundations for the postulation of the 1988 Brazilian Constitution and the Brazilian Labor
Constitution, the fundamentality of social rights of/to work, and the limits to the reforms proposed by the derived constitutional power and the ordinary legislator. The 1988 Brazilian Constitution represented a milestone for the protection of Labor Law. It is the duty of the society - 33 years after its paradigmatic shift - to defend it in a structural and comprehensive manner, including its principles, pacts, and international treaties. The need to be subjected to the filter of constitutionality and conventionality
in advance is deepened. Given the reality, the need to carry out this safeguard a posteriori is also increased, including the institute of the prohibition of retrogression and the progressivity of fundamental rights. Finally, the article analyzes how constitutional and infra-constitutional legislative reforms must be thought and rethought within a legal system with a formally strong, structured, and protective Constitution.

Published

2022-07-16