Encyclopedia of Law and Economics

2019 Edition
| Editors: Alain Marciano, Giovanni Battista Ramello

Economic Analysis of Brazilian Labor Law

  • Sergio Pinheiro Firpo
  • Luciana YeungEmail author
Reference work entry
DOI: https://doi.org/10.1007/978-1-4614-7753-2_694

Definition

Being a civil law country, Brazil heavily relies on codified rules to regulate labor relations. For this purpose, back in the 1940s, a comprehensive set of laws was consolidated in the Consolidação das Leis Trabalhista (CLT), which remains the main source of labor regulation in the country, even after some minor reforms in the end of the year 2017 (to be discussed ahead). Besides the CLT, the Federal Constitution itself has several clauses governing labor and employment relations. Finally, more and more judicial precedents have been taken and followed (although not in a mandatory manner) as sources of law.

Introduction

Labor law in Brazil is based on a paternalistic, overly protective, and dictatorial view of employees. The first and perhaps most important principle is that of the vulnerability of employees: these are considered almost legally incapacitated, with no knowledge whatsoever of what their desires are. This is the first and sharp contrast with the economic concept...

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References

  1. Lopez LR (1991) História do Brasil Contemporâneo, 6th edn. Mercado Aberto, Porto AlegreGoogle Scholar
  2. Pastore J (2007) Trabalhar custa caro. Editora LTr, São PauloGoogle Scholar
  3. Yeung L (2006) The need of modernizing Brazilian labor institutions. In: 14th World Congress – Industrial Relations Research Association, 2006, Lima, Peru. Social Actors, Work Organization and New Technologies in the 21st Century. Lima, Peru: Universidad de Lima – Fondo Editorial, vol 1, pp 117–133Google Scholar
  4. Yeung L (2017) Análise Econômica do Direito do Trabalho e da Reforma Trabalhista (Lei N° 13.467/2017). REI-Revista de Estudos Institucionais 3(2):891–921CrossRefGoogle Scholar

Copyright information

© Springer Science+Business Media, LLC, part of Springer Nature 2019

Authors and Affiliations

  1. 1.Insper Institute of Education and ResearchSão PauloBrazil