Implications On Fundamental Labor Reform During The Covid 19 Pandemic

Abstract

The objective was to analyze, through a bibliographical review, the implications of labor reform on fundamental law during the Covid 19 pandemic. The legal circle did not remain silent, and technical arguments were formed in several articles by renowned Brazilian jurists. Therefore, this article generally tries to bring the legal impact of the tragic and unfortunate scenarios brought about by COVID-19 and their impact on society to contemporary reality from a legal perspective. The type of study is a systematic review, research of the type has the primary objective of exposing the attributes of a given phenomenon or statement among its variables. Thus, it is recommended that it presents characteristics such as: analyzing the atmosphere as a direct source of data and the researcher as a switch instrument; not to broker the use of statistical artifices and methods, having as a greater apprehension the interpretation of phenomena and the imputation of results, the method should be the main focus for the approach and not the result or the fruit, the appreciation of the data should be achieved from intuitively and inductively through the searcher.

Continuing work in times of COVID-19: Protection measures in the workplace for health professionals

“…The existence of a multiplicity of constitutionally contemplated rights and the lack of a formal hierarchy among such rights require the use of the weighting technique to analyze, according to the specific case, which of the constitutional values should prevail, remembering that life, health, safety, and assistance to the destitute should be given priority at all times [32].…”

“…Brazilian legislation is extensive but flawed in the context of the pandemic, despite including recommendations from international bodies on actions to combat COVID-19. However, regarding the maintenance and/or resumption of economic activity, it conflicts with the workers' right to health, and the State had to create mechanisms to reconcile the two constitutional rights, in which it must always privilege the worker and maintain life and human dignity [31][32][33][34].…”

“…On the other hand, it guarantees that nothing can override the right to life, security, and assistance and that it is necessary to guarantee this right, which, in the current case, would imply more protective mechanisms than just PPE. Gaps such as the lack of inspection of safety and health measures at work need to be addressed [29,[32][33][34][35][36].…”