The end of the ultractivity of collective standards and the non-guarantee of contractual good faith

a chaotic system in Brazil

Abstract

This research aims to analyze the end of the ultra-activeness of collective norms brought about by Law nº 13.467/2017, arguing that such a change added to the non-guarantee of the principle of contractual good faith generates a negative impact on the collective bargaining system in Brazil. Before 2017, the theory of adherence limited by revocation was in force (2012 wording of Precedent nº 277 of the TST), in comparison with the previous system in force (theory of adherence limited by the term). The 2017 Reform prohibited the ultra-activeness of collective bargaining agreements (article 614, § 3º, CLT), which means that the effects of collective instruments begin to end at the end of the stipulated period, not adhering to employment contracts. The research is justified by the need for reflection on the effect of Law nº 13.467/2017 negotiate in good faith. The methodology brings together theory and praxis in the articulation of constitutional, civil and collective labor law with techniques of document analysis and bibliographic review. The expected results are to propose a new way of thinking about the theory of the ultraactivity of collective norms, by adopting a conditional and provisional form, in the idea of ​​compensatory protection for workers.