ANÁLISE DA PEC 221/2019 E DA REDUÇÃO DA JORNADA SEMANAL DE TRABALHO PARA 36 HORAS NO BRASIL

Abstract

This study aims to analyze, from a labor law perspective, the feasibility of reducing the standard workweek in Brazil to four days, with particular attention to the potential effects of such a legislative change on workers governed by the Consolidation of Labor Laws (CLT). Through a qualitative and exploratory bibliographic review, the research adopts a deductive approach, grounded in the principle of valuing human labor, using legislative, doctrinal, and comparative analysis as methods, and seeking to assess the legal and social impacts of the proposed reform. The study examines the historical origins of working hours in Brazilian labor law, the current legal limits, and contemporary legislative proposals — notably Constitutional Amendment Proposals (PEC) 221/2019 and 08/2025. It also considers international experiences, such as those in the United Kingdom, Iceland, and New Zealand, contrasting supportive and critical perspectives regarding productivity, employee well-being, and fiscal impacts on public administration. The central issue lies in evaluating the possibility of extending the reduced workweek to CLT-regulated workers, considering the constraints imposed by the Fiscal Responsibility Law and the structural challenges of the labor market. The findings indicate that although the legislative change primarily targets the private sector, its broader application aligns with the constitutional principles of equality, human dignity, and administrative efficiency. It is concluded that reducing the workweek represents a progressive trend consistent with the constitutional objectives of decent work, provided it is implemented with proper planning and normative coherence.