SUPREMOCRACY AND LABOR REFORM IN BRAZIL

CRITICAL AND POINTED ANALYSIS OF ADPF 323-DF

Abstract

Supremocracy signifies the intense centralization of power in the Supreme Federal Court, leading to significant authority imbalance. This sparks battles among the Executive, Legislative, and Judicial branches, shaping power dynamics in society. Within this framework, the Labor Reform emerges, marked by workers’ rights flexibility, including the prohibition of ultratividade in collective bargaining. Consequently, power struggles manifest particularly in the context of the Superior Labor Court, the Legislature, and the Supreme Federal Court during the ADPF No. 323-DF trial. The research problem is articulated: to what extent does the strengthening of a Supreme Court, whose members are legitimized by defending fundamental rights and guarantees, as foreseen in a broad Constitution, amid the weakening of rights resulting from the Labor Reform promoted by the Legislative
and Executive branches, lead to a crisis in the division of Powers in Brazil? The study employs bibliographic and exploratory research, involving literature review and interdisciplinary analysis of legal, constitutional, juridical, and political science texts. Additionally, it adopts a case study methodology to critically analyze decisions of the Superior Labor Court and the Supreme Federal Court, particularly those related to ADPF No. 323-DF. Through this approach, an understanding of the Brazilian Constitution and the system of checks and balances in which the branches of power are embedded is gained, alongside the Supreme Court’s overarching authority in safeguarding a broad Constitution, leading to the phenomenon of
Supremocracy. Moreover, the study delves into the process leading to the approval of the Labor Reform, crafted by a liberal group advocating for capital holders, in line with post-democratic dictates. Finally, a critical analysis of ADPF No. 323-DF is conducted, focusing on the endorsement of the prohibition of ultratividade in collective bargaining, resulting in numerous consequences for workers, such
as uncertainty in working conditions, imbalanced negotiations, fluctuating work conditions, impact on union representation, and increased risk of conflicts.