Autonomia privada coletiva como direito fundamental: a construção de um conceito

Abstract

Since the 2017 Labor Reform emergence, it took place a discussion in Brazil regarding the collective private autonomy phenomenon, based on the idea of the prevalence of the negotiated over the legislated. Considering that the paragraph XXVI, article 7th, of the Brazilian Federal Constitution imposes the respect to union agreements, and that the subject is relevant for labor law conformation as a whole, the study intends to examine if there is firmness among the social actors regarding union agreements respect and, consequently, collective private autonomy, a fundamental worker’s right. In addition, the dissertation will investigate how the concept of union agreements respect was built - as well as its reconstruction’s attempts – in order to constitute a fundamental right. Therefore, a descriptive research was adopted, based on a bibliographical review, with theoretical reference of the "The History of the Concepts", by the german historian Reinhart Kosellek.