Transformative Constitutionalism and Labour Rights in Latin America s 4.0 Revolution

This article explores how Transformative Constitutionalism influences the protection of labourrights amidst the challenges of the 4.0 Revolution in Latin America. Through a qualitativeanalysis of literature, legislation, and jurisprudence, the study evaluates the evolution of labourlaw in the face of digitalization and automation. Thematic analysis reveals significant develop-ments 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 thejudiciary, guided by Transformative Constitutionalism, interprets and applies labour law toaffirm basic rights in non-traditional work contexts. In cases involving digital platforms in Chile,Argentina, Uruguay, and Brazil, the courts have recognized employment relationships andgranted labour protections to workers initially classified as independent contractors. The courts inColombia and Chile have also expanded labour rights to include reasonable accommodations forworkers with disabilities through telework, while recognizing the right to digital disconnection as afundamental right. However, challenges persist in effectively safeguarding workers in the digitaleconomy, as the courts may face constraints in responding to the full scope of changes in the worldof work. The article emphasizes the judiciary's crucial role in recalibrating legal frameworks toensure social and labour justice in an increasingly technological environment. The continuedevolution of national jurisprudence and legislation, informed by TransformativeConstitutionalism, is vital to keep labour rights at the centre of development.