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Opinión Jurídica
Print version ISSN 1692-2530On-line version ISSN 2248-4078
Abstract
HORTA-REZENDE, Renato and CAMPOLINA-MONTI, Laura. Pandemic and State of Exception: the Rise of the Precariousness of Labor Rights in Brazil Amidst COVID-19 Crisis. Opin. jurid. [online]. 2020, vol.19, n.spe40, pp.313-339. Epub Sep 20, 2021. ISSN 1692-2530. https://doi.org/10.22395/ojum.v19n40a16.
This study, which is based on the hypothetical-deductive method and supported by bibliographic, documentary and descriptive research, seeks to prove that the performance of the head of the Brazilian government during the COVID-19 pandemic is characterized by the state of exception explained by Giorgio Agamben in his book State of exception (2004), especially in regard to the adoption of pro visional measures on labor law. This research found that the Brazilian President, taking advantage of the pandemic caused by Covid-19, has promoted substantial changes in labor rights, with the unrestrictive support of the Supreme Federal Court. From the evidence, we conclude the existence and growing progress of a state of exception that justifies the precariousness of labor rights in Brazil.
Keywords : state of exception; Giorgio Agamben; Social rights; Labor rights; COVID-19; pandemic..