Requisitos da relação de emprego X trabalhador autônomo: reforma trabalhista e a proteção ao trabalhador

Abstract

The present study aims to analyze the extent to which the article 442-B added to the CLT with the labor reform violates or not the rights of the employee and what the harmful consequences of this possible transgression. Firstly, through a brief history of labor law in Brazil, through the entire context of worker protection present in labor law, the protective principles are brought out from the point of view of the vulnerability of the employee in the relation of employment in the planning Brazilian law. Also, doctrines, articles, summaries and statements are examined in order to elucidate the subject. In this context, it is later explored the characterization of the employment relation and what its fundamental characteristics in order to make the comparison with the autonomous worker to, thus, reach the target device of the research. Finally, an analysis is made of some harmful consequences that the device may trigger in the employment relationship. The importance of this research is to foment the discussion about the need of protection of the worker against the labor reform that aims to diminish the rights of the proletarian class.