As relações de trabalho no âmbito do Mercosul : uma análise das reformas na legislação trabalhista no Brasil e na Argentina durante a década de 1990.

Abstract

This thesis presents an analysis of labor reforms occurred in Latin American countries during the 1990s, specifically in Brazil and Argentina, trying to understand the tensions created between a project of neoliberal reforms and committed to processes of individualization, flexibility and deregulation labor and social legislation and the implied social project in MERCOSUR (Southern Common Market), this committed to harmonization and the affirmation of protective legislation in the social and labor areas. In this direction, attentive to the analysis of historical conditioning that the process of neoliberal restructuring in Brazil and Argentina during the 1990s, led the project on harmonization of socio-labor constituted in the MERCOSUR. It is, therefore, a "look" on the historical dynamics of capitalism, its contradictions, how this dynamic affects state actions in the MERCOSUR countries and thus on how this dynamic affects the very political articulation of different countries process to interfere in discussions on working relationships within MERCOSUR. To perform this analysis, we chose to do a literature review on the subject, covering research and theoretical treatises on MERCOSUR and reforms in the state and the economy during the 1990s, were made by governments in Brazil and Argentina, but also the analysis of documents related to the theme, especially the MERCOSUR Socio-Labour Charter and the projects that were processed in the National Congress (Brazil and Argentina) and which effectively resulted in approvals of changes in their labor laws . The survey showed that, in the discussions of the MERCOSUR Socio-Labour Charter, the intentionality of the representatives of the signatory countries, to build a common law based on the principles of harmonization, was strongly influenced by the political and ideological orientation that guided the governments of Argentina and Brazil during the 1990s So the MERCOSUR Socio-Labour Charter signed by the governments of Argentina, Brazil, Paraguay and Uruguay in December 1998, despite having said labor rights to be respected by the member countries of MERCOSUR , had their power conditioned by the hegemonic neoliberal governments in Latin America and then, on that basis, expressed an ideological and political trend in favor of greater flexibility of labor legislation with a view to deconstitutionalization the rights of people living labor.