A contratualidade empregatícia: seu caráter ideológico e revisão crítica no pós-moderno

Abstract

In Private Law, the conceptual evolution of the contract reached its peak by means of its categorization as juridical business, for the structure of which the assumptions of equality and freedom of parties necessarily contribute. Events such as the advance of mass society, the great world and regional wars, the financial-economic crises of internal and international capitalism, planning and interventionist policies of liberal and socialist governments, the globalization of the economy, which took place mainly as of the past century, have triggered the so-called contract crisis, in the midst of which those attributes were either lost or dimmed. However, the preservation of the discourse of equality and freedom is convenient to the maintenance of the status quo of political dominance in spaces that are more sensitive to and directly related with the economic basis of said domination, insisting on the manipulation and legitimation of a totalitary classification of contracts to the most various conventions, regardless of the degree of freedom and equality in their stipulations and execution of their mandates. It is this fetish of totality, of homogeneity, that is rejected by post-modern ethical and scientific pluralism. In such a context, the subjection of the worker to the capitalist, guaranteeing the interests of capital not only through the command of the processes of production of goods and services, but also the criteria used to share its results, starts to demand the reassumption of the ideological critique of contractuality of labor relations. The uselessness of ideologic discourse to Law Science, brought to us by Kelsen, is back, and through Mata-Machado we are led to the construction of a wholesome labor relation, because it humanizes all of those involved in the productive process, thereby warranting equality and freedom and, through them, preserving and developing the dignity of people, as determined by the supreme constitutional commandment