Trabalho sob demanda: projeto de lei n. 3.748/2020 sob enfoque dos princípios da valorização do trabalho humano e busca do pleno emprego

Abstract

Faced with the need to understand the new institute of on-demand work, essentially regarding the standardization attempted by bill n. 3.748/2020 and compliance with constitutional precepts that conform to labor law, an analysis is made on the subject, using bibliographical research as a methodology to understand the applicability of constitutional postulates, as well as the emergence of new work modalities, supporting them whether in judicial decisions, paradigms and demands recorded globally. In order to correlate such panoramas with the factual reality, agents working in the labor legal field were interviewed in order to raise their theoretical and practical perceptions. The aim is essentially to demonstrate the need for maturation, with due caution, of legislative and legal discussions, since it is necessary to reconcile the primacy of legal consequentialism, postulated by LINDB, with the conforming social intentions set forth by the Federal Constitution of 1988 which has as its center the human person, deserving and inseparable from their dignity, which, in turn, is made possible by work, the primacy of society. In the end, it is inferred, in a ratifying way, that the discussion now invoked goes beyond the legal analysis by itself, and must, through legal certainty, reconcile protective legal precepts with the reality of the current labor market, in a balanced way with the capital interests.