Social dialogue, collective bargaining, labor reform and social non-retrogression principle

a foreshadowed nonsense

Abstract

The purpose of the text is to analyze if the Labor Reform, in two aspects, violates the social non-retrogression principle and the reduction of regional inequalities principle, which, at the time of its approval, was presented as the necessary alternative to overcoming the crisis scenario. Therefore, the text questions whether there was an effective social pact, through social dialogue and concertation, that would give effectiveness and legitimacy to legislative changes, as well as reflects whether the definitive paradigm shift, in the sense of being given even greater connotation to the union action, through the prevalence of collective bargaining, was done in a coherent way. Finally, it presents theoretical delineations regarding the social non-retrogression principle, comparing them with two aspects brought by the new law.