A teoria crítica dos direitos humanos: Uma abordagem acerca do direito do trabalho contemporâneo a partir de uma análise da jurisprudência

The legal issue is increasingly highlighted in academic studies and court jurisprudence, especially within the scope of the Federal Court of Justice, as the Court's decisions have a significant impact on social labor relations and the material reality of society as a whole. The main objective of this article is to consider the Federal Court of Justice jurisprudence, involving the theme of labor relations, based on the postulates of the critical theory of human rights. To achieve this, methodologically, the present study proposed to use bibliographical research and judicial decisions of the Federal Court of Justice, through an analysis of labor legislation in comparison with the foundations adopted in the judgments. The results obtained, among others, indicate that although the dignity of the person and the social value of work are vital standards for the functioning of the democratic State of rights, in labor matters, the jurisprudence of the Federal Court of Justice, in most cases, has been judging conflicts from a logical and legal perspective of a more neoliberal nature, using the principles of economic freedom, free initiative and autonomy of will as the foundations of its decisions.