THE CONSTITUTIONALITY OF THE RULES GOVERNING INTERMITTENT WORK: ADI 6154, ADI 5826, AND ADI 5829

Abstract

Law No. 13.467/2017 (Labor Reform) introduced the intermittent employment contract in Brazil, a modality characterized by non-continuous service provision and lack of a minimum work schedule. This article examines the constitutional controversy surrounding this contract before the Brazilian Supreme Federal Court (ADIs 6154, 5826, and 5829), focusing on the legal and hermeneutical grounds of the Justices' opinions. Based on a theoretical-dogmatic methodology and documentary-bibliographic research, the ruling that upheld the constitutionality of the norm is analyzed as a paradigmatic shift that favors a liberal-economic model over traditional social protection. The study highlights the potential risks of structural labor precarization and the transfer of economic risks to workers, despite the formal preservation of rights. It concludes that the Supreme Court's decision poses significant challenges to ensuring social protection and balancing labor flexibilization with the core values of Brazilian social constitutionalism.