Os segredos epistêmicos do direito do trabalho

Abstract

This article revolves epistemic secrets of labor law. Through interdisciplinary theoretical research, speculative and linked to dissident epistemological fields, it intends to demonstrate how the processes of intellection of the foundations and categories of labor law are, in themselves, embedded by power. Power that is expressed in the form of coloniality, racism, sexism and LGBTphobia. Not as external phenomena, but as constituent elements of this knowledge. This demonstration of the epistemic nature of the forms of oppression in the constitution of labor law categories themselves is the original contribution. The article approximates the counter-hegemonic theorization coming from these subaltern fields and the elements of protected employment in Brazil, on four fronts. In the field of decolonial theory, legal subordination in the definition of the employment relationship is discussed in its coloniality. With feminisms, in two stages: onerosity, is reread from the structuring universes of the theories of social reproduction and domestic work, and non-eventuality is relocated from the perspectives of feminist knowledges of care and its complexification of plural temporalities. With dimensions of radical contemporary black thought, a critique of personality is made, especially through the lenses of afropessimism. And in the tensioning of queer theory, the normalization of human bodies as the basic place for the idea of a natural, physical person is questioned. In each of the pairings, the results are new questions, which destabilize labor law’s categories by addressing the uneasiness for the unveiling of secrets. In the end, the conclusion is that there is a need for expanding legal intelligibilities of the themes the article dealt with, and paths are indicated for a different theory of knowledge in labor law.