ARTICLE 484-A OF THE 2017 LABOR REFORM INVESTIGATED THROUGH MICHEL FOUCAULT'S DISCOURSE ANALYSIS
labor law; discourse; power relations
The central aim of this study was to reflect on the text presented in Article 484-A of the Consolidation of Labor Laws (CLT), following the implementation of Law 13,467/2017. The objective was to consider it as part of the statements within Labor Law and comprehend in which discursive formation the Labor Reform of 2017 fits. For this analysis, the Foucauldian Discourse Analysis perspective was utilized, employing the concepts of discourse, utterance, discursive formation, and power relations as the foundations for the proposed analysis. This study adopted a theoretical-reflexive character by employing the concepts outlined by Michel Foucault to investigate the text of the Law. Placed within the broader scope of Law, the study positioned the transformations in Labor Law while reflecting on its discursive configurations. Starting from the premise of legislation that would benefit the worker, the initial observation of Article 484-A's text identifies it as contrary to this perspective by reducing labor guarantees. However, the application of discourse and power relations concepts raises questions about the ruptures in Labor Law that surpass legal changes, revealing potential alterations in the relationships between worker and employer subjects. As a conclusion, this study highlights that, based on Foucault's conceptions, Article 484-A's text demonstrates the State's role as an agent in power struggles, seeking to establish definitions of truth and exercise control over daily practices in work relationships. This state action is manifested in the formulation of utterances that are part of the same discursive formation in which the analyzed article is embedded. Consequently, this discursive formation positions Article 484-A within the typical regularity of state discourse, aiming to organize relationships in the realm of work.