A relação de emprego subordinada e algumas hipóteses de resistência do trabalhador como expressão dos seus direitos de liberdade e igualdade

Abstract

The work relationship is unbalanced, because if on the one hand there is the figure of the employee, a subordinate being, on the other there is the employer, who has the prerogative to supervise and direct the provision of services. It is true that the employee has constitutional guarantees to freedom and equality. However, given the inequality between the parties, Labor Law has given certain protections to the employee, who is considered the vulnerable and under-sufficient part of the relationship, which affects, to some degree, their negotiating autonomy. Thus, private autonomy finds barriers in the law and in collective norms that act in favor of the balance of forces. In this sense, the study of employee freedom, equality and autonomy in the labor market is relevant, due to the absence of formal equality in the employment relationship, which culminates in state intervention to develop norms that aim to protect those who are in a situation of legal inequality. It should be noted that, contrary to the equality that is ordinarily sought in the field of Civil Law, in Labor Law there are no parties in an equal degree of negotiation conditions, which is why the freedom of employees was diminished, through restrictions made by the law. , in order to promote substantive equality between the contracting parties. In this context, the present research aims to analyze the guarantees to workers' freedom and equality, also represented by their autonomy of will, in a context of subordinate relationship. Still, it is intended to discuss, in this work, some hypotheses of worker resistance as an expression of their fundamental rights to freedom and equality.