Duty To Renegotiate Employment Contracts As A Possibility To Overcome The Economic Crisis Resulting From The Coronavirus Pandemic

Abstract

The article seeks for alternatives to the economic crisis scenario that shows increasing levels of employment contracts termination resulting from the loss of economic and financial resources of companies, prevented from opening due to restrictive measures as a consequence of public health emergency status decreed in Brazil, in order to face Sars-Cov-2 virus pandemic (Coronavirus). It is explored a possibility of a duty to renegotiate ongoing work contracts, aiming at maintaining jobs and company activities, based on current Brazilian constitutional principles, such as socialization and social function of institutions, based on a dialogue between civil law and labor law. The study has an exploratory and prospective nature, using the deductive approach, with the management of documentary research techniques, having as object of study the legislation, doctrines and jurisprudential resources. In the end, it is admitted that the duty to renegotiate employment contracts is a tool capable of overcoming a crisis, as it addresses the socializing aspect of contracts and privileges the good faith of the contractors, without disregarding the constitutional canons of labor protection and the right of union entities to participate in the renegotiation process.