Para além de um corpo dócil: a subjetividade do trabalhador, a Reforma Trabalhista e o distrato trabalhista

Abstract

Considering the worker´s subjectivity, the concept of labor psychodynamics as developed by Christophe Dejours, and the possible harmful repercussions of labor on the workers' emotions, the study proposes to investigate the following research problem: to what extent the new forms of termination of the labor contract and, specifically, the labor distract, instituted by Law 13.467/2017, are likely to impact the personality and mental health of workers? In other words, one seeks to ask: how the intensification of precariousness, proposed by the Labor Reform, especially on the figure of the distract, can represent greater damage to the subjectivity of those who are activated? The main hypothesis of the research is the understanding that the flexibilization (and precariousness) of working conditions by the Labor Reform comes disguised under the argument of greater freedom and autonomy of workers and that this format of work would benefit the implementation of greater creativity and appreciation of the subjectivity of the worker, when reality would prove contrary to the discourse. As a secondary hypothesis, the crisis of labor law and legal subordination would influence the autonomy of will and equality as requirements for the realization of the labor distrt. For this purpose, descriptive research was chosen, based on a bibliographical review and with theoretical references from the conception of labor psychodynamics, developed by Christophe Dejours.