Direito reflexivo do trabalho

Abstract

Reflexive labour law is a model of labour self-regulation that has become possible and gained potential for social integration in modern society. This legal model is the result of social evolution of law’s system, being proposed to generate a better adaptation to its external environment without losing operational autonomy. It is based on voluntary forms of self-regulation of labour that have been gaining ground in society, as can be seen in transnational collective bargaining, standards promoted by the ILO, OECD, UN and NGOs, Brazilian National Guidelines on Business and Human Rights and some European Union initiatives, all involving the promotion of corporate social responsibility. It is essential to explore the theoretical conditions of this category, when the theoretical and methodological framework of Systems Theory will be moved to think about the social evolution of the legal system, a theme in which the reflexive law is located. The labour problems that this model intends to address concern the emergence of novelties in the modes of production, disruptive innovations in face of employment categories tradition, and the trends of deregulation and flexibility. Having the theoretical and factual conditions of reflexive labour law, the research asks which social actors are involved and which legal sources can be highlighted, using quantitative data and document analysis. Given this, it seeks to describe it from the movement of some categories provided by Systems Theory, pointing out the social problems of work to which it would be related and their manifestations in the current context of world society. It is a subject whose debate has little or no space in the Brazilian literature, being possible to be highlighted mainly in foreign discussions.