O princípio da proteção da confiança legítima como agente limitador à alteração legislativa trabalhista

Abstract

The present project aims to investigate the possibility (or not) of the principle of legitimate trust (constitutional principle) acting as a limiting agent to the legislative innovation power of the State, especially in relation to norms aimed at abolishing or limiting social rights in the field of Labor Law, with particular emphasis on the reforms promoted by Law No. 13,467/2017 - Labor Reform in the Consolidation of Labor Laws and Provisional Measure No. 927/2020, arising from the Covid-19 pandemic. The investigation has as its starting point a theoretical framework by Eduardo Adamovich, who uses the ideological, dogmatic and principled framework of the Constitution of the Federative Republic of Brazil of 1988 and the History of Labor as a support to ensure the protection of fundamental rights of workers in the face of legislation that goes against these constitutional values. Knowing that two constitutional principles are at stake, namely: the fundamental rights of workers to legislative stability and the interest of the legislator "based on the public interest" in altering the national legislation, the hypothesis is raised that there was a violation of the principle of protection of legitimate trust through Law No. 13,467/2017. The hypothetical-deductive method will be used in this research. Therefore, at the end of the period set in the schedule of this project's execution, it is expected to confirm or deny the raised hypothesis. In addition, this study, due to its novelty, may contribute legally and socially as a stimulus for possible solutions/ways to avoid practical problems in future labor relations.