This research originated from Law nº 13.467/17, which added § 3º to art. 8º of the
Consolidation of Labor Laws (CLT). This new normative command imposed limits on
the performance of the Labor Court at the time of the examination of collective
agreement, ie, limited the analysis of these negotiated legal instruments to the
requirements of validity of the legal business, specified in art. 104 of the Civil Code. In
addition, this new law created a new principle with the purpose of consolidating the
delimitation of the action of the Labor Justice, called the principle of minimum
intervention in the autonomy of collective will and established an unlimited list of
negotiable rights in art. 611-A of the CLT. In order to deepen the validity requirements
of the legal business, highlighting the collective autonomy of the will and the
applicability of these elements to the Collective Labor Law, the research analyzes the
amplitude of the elements that must be taken into consideration by the Labor Court at
examination of the negotiated standard, presenting to the Labor Law operator a
comparative analysis of the peculiarities of Civil Law referring to the limits of private
autonomy of will to the guidelines of the Constitution of the Republic, highlighting the
principles of human dignity and the social function of property. In addition, procedural
issues were analyzed in order to ensure broad access to justice and the independence of
the judiciary. Given the new legal scenario, established from Law no. 13.467 / 17, after
analyzing the vast bibliography and elected jurisprudence of the Federal Supreme Court,
the Labor Law operators, especially the Labor Justice organs, will have in hand
elements that will guide the examination of collective agreement or collective
agreement from the Law nº. 13.467/17, especially with regard to the limits of the
negotiated over the legislated in view of the current legal system in Brazil.