One of the largest attorneys' law firms in the country working in the workplace, Agamemnon Martins, based in São Paulo, and offices in several countries, used an average of 2,000 shares a month. In the first year of labor reform the number has dropped to half. Part of the fall is related to the fear of the employee to go to court and, if he loses his lawsuit, he must bear the cost of the lawyer's business.
Many are awaiting definitions of high courts, as there are doubts about applying new rules among magistrates, says office partner Agamenon Martins Oliveira. The procedures that come are weaker, with no requirements considered "adventurous" – which are not legally maintained. "We are able to prove everything we are looking for," he says.
In order to compensate for a drop in stake in the work area, Oliveira has begun to focus on the banking area, mainly due to abuse of billing. He also prepares his team of about 80 lawyers for work in the field of social security. "Social security reform should create a great legal demand," he predicts.
Social partner Mattos Filho Advogados, Solon Cunha, says reform has brought more responsibility to lawyers on both sides. "It was a kind of" catching, getting ", and maddening demands." According to him, he claims that moral damages "that came to the forefront of irresponsibility" were the most deprived.
"Excessive demands for overtime and unhealthy work without evidence have also diminished due to the succumbency and expense of experts," says Fernando Durão, director of work at JBM Advogados. "There are more prudence and prudence in the processes."
From January to September, the number of new court proceedings decreased by 36% over the same period of 2017. According to the Supreme Court of Labor (TST), there were 1.28 million shares, which was 726 thousand less than last year. This is the smallest number of litigation for a period of five years.
According to Hélio Zylberstajn, from the Economic Research Foundation (Fipe), the clash between workers and businesses continues, but over time it will also create a simpler solution for "because justice is more complex".
Jobs. One of the arguments for approving the reform, that job creation, "was not achieved" in the vision of a lawyer and professor of the AARs advocating Ariane Joice dos Santos. "The number of unemployed is very close to what was confirmed before retirement, and this proves that it is not a labor law that creates employment barriers," he says. By the end of 2017 there were 13.4 million unemployed in the country, and today they are 12.7 million, which is 5% less.
In the opinion of José Marta Camargu, a professor of economics at PUC / Rio, it is still too early to assess the impact on employment, but believes that the flexibility of working rules helps reduce the unemployment rate – it was 13.7% in 2017 and still stands at 11.9% today.
Another result of the reform was 115,800 individual agreements between employees and employers for dismissal. The number of collective agreements (trade union negotiations that included the category) already decreased from 3,725 in 2017 to 2,701. Collective bargaining (trade union negotiation with the company) decreased from 18,638 to 14,114. Negotiations are longer this year, reports technical director of Dieese Clemente Ganz Lúcio. "Based on the reform, the job has begun to change or withdraw the social clauses envisioned in the previous agreements."