A formalização do rompimento com o princípio da proteção e com a indisponibilidade dos direitos trabalhistas: O plano de demissão voluntária na reforma trabalhista

Abstract

In the present article, using the inductive method, the insertion of article 477-B in the Consolidation of Labor Laws by Labor Reform is analyzed, and how the positivization of the Voluntary Dismissal Plan may represent a threat to the guiding principles and rules of the Labor Law, in particular the Principle of Protection and Unavailability of Labor Rights. To this end, we seek to contextualize the new article 477-B, within the scope of the changes brought by Law 13.467 / 17, and the tendency for deregulation and flexibility in the Labor Law. Thus, the positivization of the Voluntary Dismissal Plan is presented as a categorical manifestation of the breach with the protection afforded to the employee and, as will be demonstrated, with the dignity of the human person.