Labor law

A bourgeous legal logic and the co-option of the struggle for rights

Abstract

The research analyzes the relationship between the bourgeois class, the proletarian class and labor law, based on the theoretical contributions of Karl Korsch and Bernard Edelman. The methodology used consisted of a bibliographical review, documentary analysis, critical analysis, comparison of perspectives, critical analysis of legal equality and Bill 12/2024 which provides for the regularization of work carried out through applications by individual private transport drivers. of passengers. In the bibliographical review, the works of Korsch and Edelman were explored, such as "Lucha de clases y derecho de trabajo" and "The legalization of the working class", in order to understand their fundamental views and arguments. Next, the documentary analysis examines the relevant legal texts, such as the Brazilian CLT and the changes addressed by the 2017 Labor Reform, identifying the provisions that promote the idea of ​​free contract and receipts that allow free stipulation between employer and employee. The critical analysis compares the information collected in the bibliographic review and document analysis with the current social and economic context. Concepts such as free contract, legal equality, exploitation and inequality of rights were discussed in light of Korsch and Edelman's theories. The research also compared the conceptions of the bourgeois class and the working class in relation to labor law. It was investigated how the bourgeois class understands labor law as a mere contract, while the proletarian class understands it as a constitution of work. These different perspectives were maintained in relation to bourgeois legal logic and power relations in capitalist society. A critical analysis of legal equality revealed that this ideology is only formal, not guaranteeing substantive equality between the bourgeois class and the proletarian class. It was discussed how this ideology holds workers responsible for their own misery, ignoring the inequalities and exploitation inherent to the capitalist system. They stand out as characteristics of bourgeois logic in labor law and its powers in perpetuating power relations and social inequalities. Furthermore, point out possible paths for transforming these relationships and seeking greater substantive equality in the field of labor law. The research contributes to the critical understanding of social and legal relationships in the context of work, highlighting the need for a more equitable and fair approach.