Full professor at USP and leading specialist in labor relations in the country participated in a debate promoted by Livres and harshly criticized the progress of the measure in Congress
One of the biggest names in the study of labor relations in Brazil, José Pastore spared no criticism of the proposal to abolish the 6×1 scale being processed in the National Congress. The retired USP professor participated in a meeting promoted by Livres to discuss the impact of the measure on the job market.
With more than 39 books published on labor relations and a doctorate in Sociology from the University of Wisconsin, Pastore stated that the attempt to regulate work schedules by law disorganizes the production system. To illustrate the argument, he used a practical example: within a single refrigerator, different functions require completely different working hours. Imposing a single rule through legislation — and worse, constitutional — ignores this structural complexity.
The professor argued that the appropriate instrument to address the issue is not the law, but collective bargaining, a position supported by the International Labor Organization’s own conventions. “With 2,422 occupations recognized by the Brazilian Classification of Occupations, it is impossible to regulate scales by law without causing serious distortions”, he argued.
When protection produces the opposite effect
Pastore also brought to the debate a Brazilian precedent that exposes the risks of excessive constitutionalization of labor rules. He cited the 2013 constitutional amendment for domestic workers which, by requiring control of working hours within households — something impractical in most homes — ended up leading many employers to replace monthly workers with day laborers in the informal sector. The result was exactly the opposite of what the standard intended to achieve.
The warning applies directly to the current debate: measures that make formal work more expensive and restrictive tend to push workers into informality, harming precisely the most vulnerable part of the workforce.
The debate in Livres
The debate, held via videoconference for leaders and supporters of the association, is part of the series of Meetings of the Livres Academic Council. In addition to Pastore, André Portela, professor at FGV EESP and PhD in Economics from Cornell University, and Daniel Duque, PhD in Economics from the Norwegian School of Economics and researcher at FGV IBRE, participated. The mediation was by Rafael Moredo, public policy coordinator at Livres.
The three experts converged on their diagnosis: in a scenario of stagnant productivity, high informality and high turnover, the increase in the unit cost of work tends to harm exactly those who the proposals intend to protect. Daniel Duque also highlighted the lack of impact studies by the government and cited the case of Portugal, where the reduction in working hours resulted mainly in a drop in new hires — an effect that aggregate employment data tends not to capture.
Experts also pointed out the political capture of the issue: opinion polls in favor of reducing working hours create an electoral trap in which parliamentarians hesitate to publicly oppose it, even though they recognize the economic risks. In Duque’s assessment, the government seeks to build a narrative in defense of workers in a pre-election year, even though the long-term consequences could be negative for those who most need protection.
The full recording of the meeting is available to Livres supporters. The next Academic Council debate is scheduled for June 18, with Silvio Meira and Rosário Pompeia, to discuss their new book The Next Democracy, in which they defend innovations to improve democratic representation.
Livres is a non-profit civil association that promotes liberal solutions for Brazil with a network of leaders, supporters and partners. You can also become a supporter.
*This text does not necessarily reflect the opinion of Jovem Pan.
