Precarização das relações de trabalho no ramo da beleza: inconstitucionalidade da Lei 13.352/2016

Abstract

The present work is due to analyze the law 13.352/2016 known as “Lei do Salão Parceiro” (Law of the Partner Room), which releases from the obligation of hiring professionals of the beauty area, such as manicurists and hair dressers, from the rank of the civil service, and whether this change affects the labor rights and human dignity. The issue brought by the law is of public interest and there is even a discussion concerning the constitutionality of the legal text through the ADI 5625. This new situation reaches not only the beauty market, but the professionals in general, opening the possibility of hiring partners in other markets. The legal text brought a new legal and economics scene to the country, and although there are some people who defend it as a way of encouraging entrepreneurship, I believe it is only a way to circumvent the existing labor law. Despite the fact that the free negotiation of the labor relations has been a world tendency, there is no meaning in excluding the labor rules and human right in our “Carta Magna”, only to favor it. Thus, through literary, doctrinaire and jurisprudential research, the present work has the aim to focus the “Lei Salão Parceiro” and establish its constitutionality as well as its legal and social adequacy.