A ocultação do conflito trabalhista na sociedade brasileira: obstáculos à resistência do empregado face ao poder diretivo do empregador

Abstract

The externalization of confliets is essential to a democratic society. Its role is even more visible in the employment relationship, for two reasons: labor standards are largely unfulfilled by the employer and the employment relationship is characterized by subordination, always having to evolve towards equality. Workers must therefore resist in the name of existing laws and in the name of the laws they want to have. Resistance, however, is not largely exercised by the employee. The goal of this dissertation is to understand the obstacles that are put to the exercise of the right of resistance and propose ways to overcome them. In Brazil, there are employer repression; ways of organizing production that hinder strategies of resistance; denial or naturalization of conclicts and the attribution of a negative value to resistance. Even in the Judiciary, there is, during hearings, a series of obstacles to the struggle for law. Labor Law must ensure that resistance can be exercised, as it protects the effectiveness of labor rules and promotes its evolution.