O PRINCÍPIO DA ESTABILIDADE FINANCEIRA FRENTE ÀS MODIFICAÇÕES TRAZIDAS PELA REFORMA TRABALHISTA NOS CONTRATOS EM CURSO

Abstract

The core of this work is to research the application of the salary reduction brought about by the labor reform to contracts in force at the time, considering the constitutional protection of the perfect legal act and the principle of financial stability guaranteed to the employee. To this end, the methodology used will be a bibliographical review, based on studies of doctrine, legislation and case law of the Superior Labor Court on the subject. Firstly, the aim is to provide an overview before and after the labor reform. Next, we will approach the subject from the perspective of Intertemporal Law, analyzing the effects of Law 13.467/2017 based on the institutes of the perfect legal act and acquired right, especially with regard to the changes introduced by paragraphs 1 and 2 of article 468 of the CLT. The issue at stake in this study is whether these legislative changes apply to contracts in progress at the time of the labor reform, taking into account labor law principles and the perfect legal act. At the end of this study, it is clear that the controversy surrounding the applicability of the labor reform to ongoing contracts will persist until the Superior Labor Court takes a final position on the matter.