A reforma trabalhista e a ultratividade da norma coletiva: uma análise da súmula 277 do tst e da decisão liminar na ADPF nº 323-DF

Abstract

The academic debate on incorporation of the collective norm to the individual labor contract has perpetuated for years in the field of labor justice. The Labor Reform (Law 13467 of 2017) dealt directly with the topic in the new wording of article 614, §3, of the Consolidation of Labor Laws (CLT). To the present moment, however, the discussion on the ultra-tiveness of the collective norm, especially the constitutionality of Supreme Court Case No. 277 (TST), is still being analyzed by the Federal Supreme Court (STF) through the Arbitration for Non-compliance Basic Precept (ADPF) of nº 323-DF. It is in this context that the present work is located, whose main objective is to identify the main consequences of Law 13467/17 for the discussion on the temporal validity of collective instruments. In order to reach the proposed object, the hypotheticaldeductive method was used, through descriptive research, to try to elucidate the main aspects pertinent to this monograph, of the Right to Organize and Collective Norms, as well as the understanding of the higher courts on the theme. It was concluded, in the end, that the Labor Reform represented so much expected manifestation of the Legislative Power on the Ultra-tiveness of the Collective Rule. The insistent omission of the infraconstitutional legislator was what probably reflected in the atypical performance of the TST, which was so criticized in the ADPF injunction nº 323, issued by the STF