Prevalence of Collective Negociation Over the Law: Brazilian Labor Reform Of 2017

Abstract

This work deals with the last Brazilian labor reform that instituted the negotiated norm on collective legislated labor laws, changing the previous paradigm on the limits of collective bargaining that affects unions. The purpose of this study is to understand the legislative amendment prior to the existing doctrine, the latest Constitutional Court rulings, and the principles underlying collective negotiation and law-making, in order to try to outline new legal limits on law-making by the parties.