LABOUR REGULATION IN BRAZIL AFTER THE LABOUR REFORM: UPDATE AND ANALYSIS OF THE CBR-LRI INDEX

Abstract

The CBR-LRI index was developed by the Cambridge University for 117 nations. However, the most recent release only includes data up until 2013. The study aims to reveal the new labour regulation index in Brazil following the developments that occurred between 2014 and 2021, particularly after the labour reform. Through leximetrics, the labour law and the 40 variables of the CBR-LRI were analysed, based on their algorithms. The results revealed a 9.18% decrease in the country's regulation. Brazil's reform significantly lowered the regulation of different forms of employment, working time and dismissal, and, to a lesser extent, industrial action regulation. On the other hand, it marginally expanded employee representation regulation. The Brazilian reform directed regulation towards the flexibilization of labour relations, with the valorisation of negotiation between parties and the adoption of new forms of work and technologies. Nonetheless, it included new features that are not related with standard labour law assumptions, such as the intermittent contract and the concept of a hyper-sufficient employee. There was also a natural oscillation in labour regulations over time, with a protective bias after 1988. Finally, the index's comparative simulation indicates that Brazil's new result value remains higher than the average of the other CBR-LRI countries.