O STF como justiça política do capital: A desconstrução do Direito do Trabalho por intermédio de decisões judiciais sintonizadas com os ímpetos do mercado neoliberal (2007-2020)

Abstract

In response to the over-accumulation crisis, capitalist production system carries out, several movements worldwide in order to increase rate of surplus value in their business. In this scenario, the living labor force, as bourgeoisie’s main source of wealth, becomes a target with the purpose of reducing it to the lowest remuneration level. Since 1990s, capitalism has looked forward to revoking Brazilian labor laws and other rules with protective content. In the last years, it has achieved reasonable success in its political arrangements with Constituted Powers. This research analyzes critically the decisions taken by the Supreme Federal Court, once, between 2007 and 2020, it has overruled a substantial part of its jurisprudence to impose, in labor relations, a system of unrestricted disregulation. Neoliberal discourse, so common in opinions of some judges, allows outsourcing any business activity, asserts that labor agreements are to take precedence over rights that are set forth in law, weakens trade unions, limits the right to strike, takes away the right for 25 years of funds that employers have not raised for Workers Guaranty Fund (FGTS) and restricts powers of Labor Justice as a means to make Labor Labor ineffective. Besides, it grounds several other decisions that are favorable for free market. To understand this jurisprudence overruling which has a pro-market and neoconservative character, we presume that an inverted constitutional interpretation on the guiding principles of Labor Law dominates in the Court, in such a way that one would wonder if there is a sort of capitalistic political justice in course. In this context, the Supreme Federal Court plays the role of capitalism’s persona, as it systematizes its decisions towards bourgeoisie’s material interests, even through the use of lawfare method – concept here imported from Criminal Law to Labor Material and Procedural Law. This general understanding seems to be appropriate to point out a unique form of political justice that is so settled through successive and synchronized acts performed by Constitutional Court. The Court does so by the means of the constitutional interpretation to address bourgeoisie interests and invert systemically the application of Labor Law in order to transform it into “anti-Labor Law”.