Sobre o uso da miséria historiográfica e a relevância da investigação histórica na aplicação do direito do trabalho

Abstract

This article discusses the importance of the history of Labor Law for the application of its norms by the Judiciary. It seeks to highlight (i) the lack of historiographical studies on labor law, (ii) the mystification of the historical processes that led to the formation of Labor Law in Brazil, especially (iii) by the formation of the official narrative of the granting of labor rights and (iv) by imputing the “fascist” reputation to the Labor Legislation, collaborating with the theoretical-critical discussion about the historiography of the subject, aiming a totalizing reading about the current conjuncture and the role of the Labor Courts in the promotion of the legal protection of workers, strengthening their original and contradictory purposes.For this purpose, we use the dialecticcal materialista method in the formulation of theoretical elaborations, based on historiographical, sociological and philosophical background texts.