Da dignidade da pessoa humana no trabalho: afirmação e negação

Abstract

The question addressed in the thesis seeks to demonstrate that it is only possible to guarantee dignity at work once the legal and labor legacy that has been built over decades has been preserved. Initially, it was tried to show by means of historical facts that, the non-intervention of the state was responsible for a system of overexploitation of work in several countries in the nineteenth century and part of the twentieth century, a structure that began to change as one set of national and international norms began to intervene in labor relations. It takes care of the study of labor principles and then deals specifically with the principle of the dignity of the human being, in the sense that its effective concretization is linked to the preservation of a minimum set of rights of those that compose the class that lives at work. Next in order, the many ways that job insecurity is dealt with, many of them found in outsourced activities. The phenomenon of outsourcing is focused on the incompatibility of this technique of productive restructuring with the constitutional principle of equality, as in no way does it change in relation to the evident inequalities between outsourced and directly contracted ones, the change in the legislative bias that has the goal of indiscriminately expanding outsourcing to the end-activities. Finally, we present considerations on some perspectives of labor relations, highlighting the fallacy of the flexibilizing speech, the problem of labor turnover and the uncertain future of trade union representations. The whole study, therefore, is based on the idea that it is paramount to preserve a minimum set of social and labor protective norms, so that the principle of the dignity of the human being can be guaranteed in its fullness within the labor relations, at least minimizing the construction of scenarios that deny workers the constitutional right to dignity.