La desconstitucionalización neoliberal del derecho al trabajo como crisis de la democracia

Abstract

The aim of this paper is to analyze how the idea of labor flexibility implies a deconstitutionalization of Labor Law that entails a weakening of democracy in its substantial dimension. Labor Law, as a state heteronormation that limits the autonomy of the will of the parties to the employment contract in order to compensate for the material inequality between employer and worker, has traditionally guaranteed the latter a stability in employment that constitutes their means of life. Referring to the substantial sphere of democracy to the economic, social and cultural equalization of the population, it should be understood that labor flexibility, as an attack on the guarantee character of Labor Law, hinders the socio-political integration of the working population and weakens the substantial aspect of democracy.