O mundo do trabalho e os direitos fundamentais: Ministério Público do Trabalho e representação funcional dos trabalhadores

Abstract

This thesis argues that the Labor Prosecutor's Office presents itself as the functional representative of society, and especially of the workers, in its extrajudicial and judicial actions. To this end, the Labour Prosecutor's Office defends its social legitimacy in the defense of fundamental rights, differentiating itself from the mere defense of workers' interests. Case studies have been carried out in which they show that there are actions that go against the immediate interests of the workers, so that the fundamental rights are guaranteed. It is argued that this is a facet of the Public Prosecutor's Office drawn up in the 1988 Constitution of the Republic, which provides a new path for the institution, shaped from its inception for the defence of the interests of governments and rulers. Thus, in its own field and discourses, the Public Prosecutor's Office joins the other institutions that protect the labour system, not by replacing them, but by fulfilling the role determined for the "parquet" as a whole by the 1988 Constitution.