Controle de Convencionalidade em Sede de Negociação Coletiva: uma análise do art.611-A incisos XII e XIII da CLT à luz da Constituição Federal e das convenções da OIT relativas à saúde e à segurança no trabalho

Abstract

This article aims to analyze the conventionality of Articles 611-A, items XII and XIII, of the Consolidation of Labor Laws (CLT) in light of the conventions of the International Labour Organization (ILO). It seeks to determine whether the changes introduced by the Labor Reform, specifically, the authorization for collective agreements to prevail over statutory law regarding the definition of the degree of unhealthiness and the extension of working hours in unhealthy environments without prior authorization from the competent authorities of the Ministry of Labor are in accordance with internationally established standards for occupational health and safety. The working hypothesis is that the Brazilian provision is inconsistent with international conventions, as it violates ILO Convention No. 155. Accordingly, the study adopts the hypothetical-deductive method, aiming to formulate propositions through a bibliographic review of the main authors on the subject, with the goal of defining the fundamental concepts necessary for a comprehensive understanding of the issue. In addition, the empirical documentary method is employed to carry out a systematic and critical analysis of the applicable legal norms. The article concludes by presenting its findings and confirming the proposed hypotheses.