A flexibilização do intervalo de refeição e descanso por norma coletiva de trabalho

Abstract

The aim of this study is to demonstrate the validity of collective labor rule that reduces meal break and rest, as a way to relax the work conditions and not precarious or deregulate. Therefore, we demonstrate that the Federal Constitution legitimizes the collective bargaining instrumentalized in collective agreements and conventions, and make use of flexibility is to provide socio-economic growth and or mitigate the impacts of a financial crisis. This monograph shows that labor relations have evolved according to the technology and society cultural development, but the labor laws almost have not changed since 1943, which led to a mismatch between the current reality and the laws then in force. Therewith we question the validity of the work conditions flexilization as a way to suit the peculiarities of each professional category, as example item II of Jurisprudence Guidance n. 342 of the Labor Superior Court, which allowed the drivers and urban transportation collectors' break time fractionation, recently canceled with issue of Precedent n. 437 of the Labor Superior Court, declaring the nullity of a collective norm that reduces meal break and rest because it is a measure of hygiene, health and safety. We saw that there is no research showing that the one hour interval is the minimum considered to ensure the health, hygiene and labor safety, and in view of this we question if the reduction or fractionation of this range would imply disobedience to public order rule. We conclude that the hardship of the court decisions is one of the factors impeding the socio economic growth by invalidating collective norm that reduces meal break and rest to suit the peculiarities of the category, based on mere supposition