This paper will analyze the judgment of Direct Actions of Unconstitutionality ADI 5685, ADI 5938 and ADI 5794 by the Supreme Federal Court, with the objective of verifying whether the Judiciary has echoed the discourse of the economic-financial crisis and legitimately ratified the exceptional measures of austerity , with a cut in labor matters. The epistemological scientific orientation of the papper is the Ecology of Knowledge. For which it will combine resources from the French Discourse Analysis, from Bakhtin’s Marxist philosophy of language, to contributions from the Sociology of Law and the Sociology of Absences. Our research hypothesis is that such judicial decisions, permeated by the austerity discourse, are constituted as Exceptional Constitutionalism and produce the absence of labor rights. As well as the ontological degradation of its holders, the functional de-differentiation of Law and its ethical delegitimation. Such judicial decisions and the Constitutionalism of Exception are a symptom of a scenario of exception and post-democracy generated by neoliberalism. Documentary and bibliographic research techniques will be necessary.