Direito ao trabalho: um direito fundamental no ordenamento jurídico brasileiro / Right to work: a fundamental right in the Brazilian legal system

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

In view of the importance and meaning placed on work presently when there is unemployment everywhere, the right to work arises again to the world scene grounded on the support and promotion of human dignity. Assuming that the right to work is a universal right of all men, and that its acknowledgement as a fundamental right is conditioned to the guidelines drawn up by every legal system, the study herein searched to show that the right to work in the Brazilian legal system (i) is acknowledged as a fundamental social-economic right , (ii) it adopts the structure of a principle in the constitutional text dated back to 1988, that is, it is shown as an optimization commandment which imposes prima facie rights and duties , and thus it demands that it is carried out according to the phatic and legal possibilities foreseen in each concrete case , based on the theory about rules and principles developed by Robert Alexy; (iii) its analysis can be performed on an individual and collective dimension , which are closely related to the distinct application fields of the fundamental rights, that is, the one that involves the State and its citizens and the one that is centered in the relations among the private ones; (iv) in its individual range , it is shown circumscribed by the work contract and in the collective range it is associated to the objective of full employment, especially the public policies of work and employment; (v) its accomplishment is a needed consequence of the legal system of special protection that the Constitution has granted to these rights , and this can be done through political and legal mechanisms. It was checked , therefore, in the Brazilian scene , that the right to work is not an unrealizable chimera. There are, indeed, different political and legal mechanisms for its accomplishment; will and courage in small doses are required to overcome old paradigms

ASSUNTO(S)

accomplishment direito direitos fundamentais fundamental rights efetivação direito do trabalho -- brasil objective of full employment ordenamento jurídico brasileiro right to work contrato de trabalho public policies of work and employment work contract políticas públicas de trabalho e emprego brazilian legal system objetivo do pleno emprego direito do trabalho

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