The abrogation of the right to hours in itinere by the labor reform and its impact on the characterization of travel accident

Abstract

The present research, being explanatory, and concomitantly, exploratory. Ilustrates the importance of the evaluation and position on the changes to the hours in itinere, according to the Labor Reform Law nº 13.467 / 2017, and its current relevance to employees. Concomitant to these changes, it is include the right to travel hours  in the employment contract prior to the reform and the guiding principles, such as the Harmful Contractual Unalterability, Principle of the Most Favorable Norm, Principle of the Most Beneficial Condition and the Principle of Prohibition to Social Retreat . It has consider the origin of the itinerary hours and how they arose, linked to its concept and characteristics, until its abrogation, together with the importance of the workday. It has also present the relation of the commuting accident as an accident at work, understanding its application and the relation to the Provisional Measures 905/2019 and 955/2020. Finally, it aims to demonstrate whether or not there were losses to the employee due to the labor reform and the abrogation of hours and its legislation the commuting accident. Thus, demonstrating the suppression of the right to hours in itinere, with doctrinal positions and jurisprudence, in the face of contractual labor relations, as in an eventual work accident that occurred after the labor reform.