Trabalho decente : um conceito da Organização Internacional do Trabalho e o seu reconhecimento no âmbito das decisões dos Tribunais Regionais do Trabalho da 4ª, 5ª e 23ª Região.

Abstract

The research has as its theme decent work, whose delimitation is to examine it in Contemporary Constitutionalism, as a fundamental right in the Democratic State of Brazilian Law and considering the existence of a concept of decent work that is provided by the International Labor Organization (ILO), to examine the recognition of the concept of decent work in the judicial decisions of the Regional Labor Courts (TRTs) of the 4th, 5th and 23rd Regions, from 01.01.2015 to 12.31.2016. The research problem is summed up in the question: do judicial decisions, within the TRTs of the 4th, 5th and 23rd Regions, between 01.01.2015 and 31.12.2016, recognize the concept of decent work of the ILO? For this question a positive and negative hypothesis is visualized. The method of approach for confirming the hypotheses is the deductive, whereas the method of procedure is the analytical one, adopting as bibliographic research technique, besides the examination in the jurisprudence. The general objective of the dissertation is to analyze the decisions in the Courts and in the period selected, verifying if they recognize the concept of decent work. The specific objectives are: the verification of the right to work as a standard of fundamental human rights, the understanding of decent work within the ILO, and the examination of whether or not a concept of decent work is recognized in judicial decisions. The dissertation was constructed in three chapters. The first deals with the right to and work as a fundamental social right. The second chapter deals with human work, concept and historicism, as well as with the concept of the ILO for decent work, as well as discussing degrading work as an antonym of decent work. The final chapter addresses the National and State Agendas for Decent Work and jurisprudential research and analysis. The conclusion, based on the delineations made and the consideration of which to recognize is to know again, in an equal or different way, that judicial decisions in the scope of TRTs of the 4th, 5th and 23rd Regions, in the period between 01.01.2015 to 31.12.2016, recognize the concept of decent work of the ILO, as will be seen throughout the dissertation.