Labor Law and Labor Procedure

Study group

About the study group

The Labor Law and Labor Procedure Group, linked to the Law School of the Brazilian Institute of Teaching, Development and Research (IDP), has as its central objective to undertake studies and develop research aimed at understanding the dilemmas of the world of work, considering, in particular, the challenge for sustainable economic and social development, which involves the primacy of decent work. The themes permeate both substantive law, individual and collective, and procedural law, considering the intersectionality between the themes. Seeking to develop an epistemological review of the field of labor law, the debates consider the plurality of ideas and the interdisciplinary character, incorporating studies from legal dogmatics, as well as the Sociology of Work, Legal Anthropology, History of Law and Philosophy of Law. Specifically in the legal field, the perspective of a Constitutional Labor Law is adopted as a theoretical axis. The proposal for critical reflection, aimed at qualifying the academic and social debate, includes faculty and students, both undergraduate and graduate. Meetings are held every two weeks.

 

From November 2021 to June/July 2022, members of the Research Group on Labor Law and Procedure participated in the Extension Project "Work through digital platforms, (re)configurations of legal rights and social rights". The project focused on the legal regulation of work through digital platforms and aimed at drafting a preliminary legal framework for this sector of labor relations. After mapping the reality of work through digital platforms, the group surveyed bills in the National Congress as well as identifying some foreign legislation (in particular, Portugal and Spain) on the subject. The group also contacted representative entities of workers on digital platforms and, in the end, managed to conduct interviews with two of them. The project results encompass four aspects: a. classification and conceptualization of digital work platforms; b. work on digital platforms; c. the need for legal regulation and the models of Portugal and Spain; and d. a proposed preliminary regulatory framework for work through digital platforms.
This page provides access to the final report of the extension project and the proposed draft regulatory framework for work via digital platforms, resulting from research conducted by the group.

Final report of the extension project.
Draft proposal

Group proposal

The Group aims to study, analyze, and understand work as an important historical phenomenon for law and the Constitution, examining the different ideas and various social and institutional movements that led and continue to lead to the shaping of Labor Law and its relationship with the constitutional text. The goal is to adopt an interdisciplinary approach, drawing on disciplines such as the Sociology of Work, Legal Anthropology, History of Law, and Philosophy of Law, to promote the investigation and study of the foundations, premises, and concepts for the development of a theory of Constitutional Labor Law. Based on this proposal, the Group focuses, among others, on the following research topics: the scenario of labor law flexibilization, deregulation, and structural precarization; collective bargaining autonomy, collective rights, and their interconnection with individual rights; theoretical premises of Labor Law; the uberization of labor relations, the "gig economy," and work through digital platforms; work and gender; the effectiveness of labor legislation and the challenges to oversight; and the role of the Labor Courts. Dispute resolution methods; child labor; domestic work; slave labor.

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