Supremo Tribunal Federal e a autonomia coletiva: uma análise à luz dos direitos fundamentais na experiência constitucional brasileira

Abstract

This dissertation proposes an analysis of the profile of the decisions of the Supreme Federal Court on collective autonomy, with the main objective of examining the rationale adopted by the Court. The investigation is justified by the neoliberal rise in labor relations and its impact on collective bargaining, the weakening of unions, and the encouragement of individual negotiation between worker and employer and collective agreements as a means of suppressing rights. Furthermore, it highlights the possibility of the Supreme Federal Court misunderstanding the constitutional precept of collective autonomy, distancing it from the original meaning of this axiom as a corollary of union freedom, especially after the Court's paradigm shift from a guarantor institution to a conservative-activist bias. Thus, it is pertinent to evaluate how the Supreme Court has assessed this bias, whether through the prevalence of a pro-social rights understanding, or if it functions as an instance that ratifies the business agenda. The methodology employed is a mixed method, consisting of two stages: bibliographic research, through the analysis of texts in the fields of Constitutional Law and Labor Law, as well as the Sociology of Labor; and jurisprudential research, through the analysis of cases judged by the Supreme Federal Court regarding the interpretation of Article 7, item XXVI, of the Federal Constitution: a) ADI 559 (2006), on the applicability of collective autonomy in public labor relations; b) ADI 4.364 (2013), on the incidence of a salary floor by law; c) RE 590.415/SC (2015), on the validity and effects of Voluntary Dismissal Plans; d) RE 895.759/PE (2016), on the possibility of eliminating commuting hours by collective norms; e) ADI 1.764 (2020), on the creation of temporary employment contracts; f) ADI 2.288 (2020), on the validity of collective norms; g) ADI 4.468 (2020), on the working hours of social workers; h) ADPF 381 (2022), on the overtime of drivers; i) ARE 1.121.633/GO (2022), on the possibility of reducing non-constitutionalized labor rights by collective agreement; and j) ADI 5.322 (2023), on the regulation of professional drivers.