Transformative Constitutionalism and Labour Rights in Latin America´s 4.0 Revolution

Abstract

This article explores how Transformative Constitutionalism influences the protection of labour rights amidst the challenges of the 4.0 Revolution in Latin America. Through a qualitative analysis of literature, legislation, and jurisprudence, the study evaluates the evolution of labour law in the face of digitalization and automation. Thematic analysis reveals significant developments in adapting labour rights to emerging situations such as teleworking and digital platforms. A jurisprudential analysis of nine landmark cases from Latin American courts highlights how the judiciary, guided by Transformative Constitutionalism, interprets and applies labour law to affirm basic rights in non-traditional work contexts. In cases involving digital platforms in Chile, Argentina, Uruguay, and Brazil, the courts have recognized employment relationships and granted labour protections to workers initially classified as independent contractors. The courts in Colombia and Chile have also expanded labour rights to include reasonable accommodations for workers with disabilities through telework, while recognizing the right to digital disconnection as a fundamental right. However, challenges persist in effectively safeguarding workers in the digital economy, as the courts may face constraints in responding to the full scope of changes in the world of work. The article emphasizes the judiciary’s crucial role in recalibrating legal frameworks to ensure social and labour justice in an increasingly technological environment. The continued evolution of national jurisprudence and legislation, informed by Transformative Constitutionalism, is vital to keep labour rights at the centre of development.