The Labor Reform implemented in 2017 in Brazil did not value collective bargaining, as it was announced. The changes introduced have made individual negotiation much more valuable, allowing, in some specific cases, such as the better-off employees with a higher education degree, the freedom of individual contracting to override the deliberation through the representation of the category. This option is symptomatic and has potentially damaging consequences. Collective Bargaining is Labor Law par excellence. To value it, encourage it and create mechanisms to make it more and more effective is to value labor law in its most democratic aspect. Individual negotiation, on the other hand, represents the return to Private Law. A blatant setback, at least for Labor Law as a science.
Boucinhas Filho, J. C. (2018). Labor reform and collective bargaining in Brazil. Revista Chilena De Derecho Del Trabajo Y De La Seguridad Social, 8(16), pp. 127–140. https://doi.org/10.5354/0719-7551.2017.48380
