FINANCIALIZATION, RULE OF LAW AND THE SOCIETY PROJECT UNDERWAY IN BRAZIL BASED ON LABOR REFORM (2017) AND SOCIAL SECURITY REFORM (2019)

Abstract

The subject of this article is the project of society that is underway in Brazil due to the labor reform – Law nº 13.467/2017 – and the social security reform – Constitutional Amendment nº 103/2019. The objective is to debate, from the financialization of capital and the role that the Rule of Law plays in this phenomenon, some of the repercussions caused by the referred reforms, to indicate that they conform the society of the superexploitation of the work in favor of the market. The problem is expressed in article 442-B of the CLT, which allowed the hiring of a self-employed worker, without an employment relationship and without all the rights of the employment contract, in addition to the possibility of hiring an outsourced worker in the core activities of the companies, authorized by article 4-A of Law nº 6.019/74. It is also verified in article 201 of the CF, which increased the age for women to retire, from 60 to 62 years by the RGPS, in article 26 of the EC. 103/2019, which reduced the initial monthly disability retirement income from 100% to 60% of the benefit salary, and in article 23 of EC. 103/2019 which reduced the value of the death pension, in the RGPS, from 100% to 50%. This is a theoretical article based on data analysis from the years 2006 to 2023. As conclusions, it appears that the main repercussions of this project of society are: the increase in accidents and illnesses at work, the increase in social security expenses due to the intensification of the demand for benefits in the RGPS, and the proliferation of work in conditions similar to those of slavery.