A luta pelo trabalho: reflexões acerca do embate de forças entre a influência da mobilização organizada dos trabalhadores e os princípios filosóficos do neoliberalismo no desenvolvimento do direito do trabalho

Abstract

This paper conducted a historical study of the formation and development of labor law, since its birth in the eighteenth century until the present day. His goal was to analyze the influence of organized mobilization of workers, and the influence of neoliberalism in the formation and development of labor law. We conducted a study on the main factors that enabled the union of the workers order to fight for the conquest of rights. The survey highlighted some striking workers' movements, which occurred in the eighteenth and nineteenth centuries, who demonstrated the progressive development of consciousness of the working class, the repudiation of liberal ideas, and the need for construction of a new legal mechanism capable of meeting growing demand. Such manifestations were received by the national states, which sought to institutionalize the Labor Law, with the formation of laws and codes regulating the relationship between employees and employers. This worked emphasized, though, the response of capitalism, which occurred in the late nineteenth century and early twentieth century, which occurred with the resurgence of the old liberal ideals, now called neoliberalism, and the upgrading of the autonomy of the will (individualism), freedom of contract and private property, with minimum government intervention, bureaucracy and legislative flexibility. As a result of this work, it was found that the resurgence of liberal ideals, coupled with the cooling of the mobilization of the working class, in the absence of ideologies aggregators, jeopardizes the rights already conquered by the class, and, finally, puts at risk Labour law itself. It was concluded that the rapprochement of workers around common goals is the best and perhaps only way to balance the struggle against capital, and to resume the search for improved working conditions and the appreciation of the Labor Law, legitimate right of resistance formed over centuries of struggle by workers.