Uma análise do contrato temporário no mercado de trabalho da Espanha e do Brasil: a violência contra o direito ao emprego

Abstract

Spain, since the mid-1980s, has had a high rate of temporary contracts concluded, which is considerably higher than the average of other European Union countries. At the time, due to a serious economic crisis that the country was going through, the solution found by the legislator was to encourage temporary hiring on the grounds that it was necessary to generate jobs. The predominant discourse was based on the need to make labor rights more flexible so that the country could recover economically. However, even after the economic recovery, the temporary hiring persisted. In 2008, a new economic crisis hits Europe and, above all, Spain, which reaches an unemployment rate of more than 30%, and it is certain that, among young people, this rate reaches 50%. Two major Labor Reforms were carried out in 2010 and 2012, the latter showing many similarities to the one that occurred in Brazil in 2017. Although both reforms carried out there recognize in their justifications that the duality of the Spanish labor market was still a serious problem. Understanding duality as a high rate of temporary contracts alongside indeterminate contracts, there are few changes observed with regard to temporary contracts that affect, above all, women, young people and immigrants. However, once again, once the economic recovery has started, the high rate of temporary contracts persists, showing the inefficiency of Labor Reforms on this issue. In Brazil, although the temporary hiring is not yet expressive numerically, it is certain that the atypical hiring expands every year, making working conditions even more precarious. The labor reform carried out through Law no. 13,467 / 2017 in spite of trying to contain such a contract, it expanded its possibilities. Despite clear economic, social, political and cultural differences, Brazil and Spain are constantly experiencing the discourse of the need to make labor rights more flexible. Allied to such discourse, we observe the deepening of austerity measures adopted, of precarious labor rights and social inequality, aggravating the exploitation of workers who believe in the idea that it is better to have a precarious job than not having any and, thus, to the most diverse forms of exploitation. In this sense, the present work aims to conduct a study on temporary contracts in the Brazilian and Spanish labor markets in order to demonstrate how much the expansion of atypical hires are harmful to the worker, the employer, society and the capitalist system itself. For this, an analysis of the legislation related to the theme in Brazil and Spain is carried out, as well as the labor market of the respective countries, showing the sectors most affected and the harmful effects of this type of contracting.