Ways to Achieve Social Justice in the World of Work in Brazil

Lecture presented at the XXIV World Congress of the International Society for Labor and Social Security Law (ISLSSL), in Rome, Italy, from 17 to 20 September 2024, during the first plenary session of the event, held on 18 September 2024. The lecture seeks to deconstruct two myths about labor rights and social justice in Brazil. The first myth claims that the Brazilian labor law system, established in the 1930s and 1940s, is merely an imitation of fascism, characterized by paternalism and economic irresponsibility. This myth disregards Brazil’s unique historical influences, including social constitutionalism and the international labor movement, which shaped its labor laws. Despite economic growth and low unemployment during this period, critics argue that labor laws stifle corporate power and free markets. The second myth suggests that labor law hinders economic and social development, promoting deregulation and the precariousness of labor relations. However, historical evidence shows the opposite: labor law strengthens internal markets, distributes income, and reduces unemployment. Despite this, criticisms of labor protections persist, particularly during periods of neoliberal influence, such as in the 1990s and after 2016. The analysis of these myths, within the context of Law and Economic History, highlights how liberalism and neoliberalism have historically failed to protect labor rights and social justice, emphasizing the need to balance labor protections with economic growth, while also warning against neoliberal tendencies that erode these rights. The speaker concluded by offering a dual perspective: Either the centrality of labor in social and economic life is preserved, or the dismantling of social policies and labor protections is allowed, with Brazil’s historical experience providing insights into these global trends.