O empregado hipersuficiente e a violação aos principios constitucionais ante a reforma trabalhista: hypersufficient employee and the violation of constitutional principles before labor reform

The labor reform presented numerous transformations for the Brazilian labor scenario and one of them that has brought a lot of discussion concerns the figure of the hypersufficient worker. The innovation in the legislation that added the sole paragraph to article 444 of the CLT aimed to give a differentiated treatment to employees with high salaries and those with a college degree. In this context of changes, rules were created to flexibilize constitutional principles that protect the hyper-sufficient worker, since the law allows this employee to negotiate, with their employer, the labor rights arising from the employment contract. Thus, this work aims to analyze article 444 of the CLT inserted by the labor reform. For this, the creation, by the Labor Reform, of the figure of the hyper-sufficient worker will be presented. It will also be discussed about the autonomy of the will of the hypersufficient employee who, despite having autonomy to negotiate with their employers, employees continue to be subordinate to their employers, as well as other employees, therefore, the validity of their employment contracts remains regulated by the State. The methodology used was the inductive hypothetical, by which the subject was presented in a generalized way, seeking a conclusion and a general truth, through a bibliographical research.