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1985 Leg. Ser. 1 (1985)

handle is hein.intyb/lbrldc0067 and id is 1 raw text is: International Legislative Series Labour Office 1985--Bra. I Origins, evolution and prospects of the Consolidation of Labour Laws of Brazil By Arnaldo S0SSEKIND* CONTENTS I. Introduction. II. First labour legislation in Brazil; reasons for its backwardness. 11. The revolution of 1930 and the legislation on which the Consolidation of Labour Laws is based. A. General remarks. B. The revolutionary Provisional Government (1930-34). C. The brief constitutional period (1934-37). D. Vargas dictatorship in the Estado Novo (1937-45). IV. The Consolidation of Labour Laws (CLL). A. From its conception to approval. B. Main elements of the Consolidation of Labour Laws. V. Evolution of labour legislation following the Consolidation of Labour Laws; Constitutions of 1946 and 1967. VI. First revision of the Consolidation of Labour Laws. VII. Attempt to update the Consolidation of Labour Laws. VIII. Desiderata for, and prospects of, revision of the Consolidation of Labour Laws. I. INTRODUCTION Labour legislation has always been interventionist whether its purpose was to restrict the independence of the parties in labour relations or to institute social insurance schemes. The utopian socialism of Owen and his followers, the Chartist movement out of which grew the English labour movement, the scientific socialism originating in the Communist Manifesto of Marx and Engels, and, lastly, the work of the social reformers done by intellectuals, the Catholic Church and the trade unions, all rebelled against the individualist liberalism of the French Revolution and upheld state intervention in the law governing labour relations, so that the workers should be granted social rights. The establishment of labour law and the founding of the International Labour Organisation by the Treaty of Versailles in 1919 were the natural consequences of the remarkable work of the social reformers, which left an indelible mark on the historical and ideological development of this important branch of law. Today, the extent to which the State intervenes in labour relations depends on the economic structure adopted by the legal system and the government of each State, and also on how far the workers' organisations are able, through collective bargaining, to negotiate adequate working conditions or improve on the basic conditions laid down by law. For this very reason, there is in comparative law a scale of degrees of state intervention: it is extensive in the countries with a socialised economy, while in market economy countries, the * Member of the Committee of Experts on the Application of Conventions and Recommendations; Vice-President of the Brazilian Academy of Labour Law; former Minister of Labour and Social Welfare; retired Minister of the Higher Labour Court; co-author of the Consolidation of Labour Laws of Brazil. Copyright © International Labour Organisation 1985 2/1985

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