Systemic interpretation and legal sustainability: The need of (re) construction of Labor Law

Authors

  • Denise Pires Fincato
  • Jaqueline Mielke Silva

Abstract

The text analizes the socio-cultural transformations of the last centuries, especially observing the technological evolution in the labor relations scenario. It points out the issues in the transposition from Modernity to the Post-Modernity and analyzes the Brazilian labor framework normative (modern) comparing it to the globalized work, digital and «flexisseguro» (postmodern). It also goes through the concepts and uses of systematic legal interpretation opposed to the systemic method in which it stands. It concludes that (i) Brazilian Labor Law lacks of reality it intents do rule, which can be reached by the interpretative path, since the operator handles the right tools of the systemic method, (ii) and such deliberation is necessary to the sustainability and administration of the specialized branch of the labor law, because the distance of reality, even being dynamic and complex, makes it meaningless.

Keywords:

Systemic interpretation, labor law, sustainability