The Axiom between Work Requirement Excessive Versus the Right to Recreation Worker : Analysis under the Employer Accountability of Optics

• Autor(a) principal: Rufino, Regina Célia Pezzuto
• Data de Publicação: 2016
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Conpedi Law Review
• Texto Completo: https://www.indexlaw.org/index.php/conpedireview/article/view/3454
• topic: Worker; Excessive Working Hours; Leisure.; Trabalhador; Jornada Excessiva; Lazer.

Labor relations focused throughout history, legal worker material rights in exchange of services. However, gradually, there was the need for worker appreciation of his human essence, going to glimpse the importance of respecting the intrinsic goods, especially fundamental rights. This study, prepared by the deductive method with doctrinal and jurisprudential basis, justified by observing the gulf between the legal dictates and empirical experience of workers at full exercise of leisure, primarily dealing with the evolution of the recognition of the fundamental rights of workers, passing to the theme of excessive working hours to increase the employer’s profit and subsequently address the responsibility of the latter, when exacerbated working hours subtracts the leisure time of workers. The democratic state imposes the full exercise of citizenship through freedom of every individual’s rights, above all, the social and the right to leisure has become a well constitutionally guaranteed. However, capitalist competition entails the unbridled pursuit of material goods arising from high productivity coming from overwork, which not only harms the health and worker’s life, deprived of living with loved ones, their integration into society and the full exercise of leisure, with autonomy to choose how to enjoy their free time in a dignified manner without the worry or the imposition of produce for their livelihood. Thus, the journey of excessive work affront the fundamental right to pleasure, leaving no room for the realization of the same in violation of the exercise of the worker’s citizenship, and entailing the responsibility of the employer regarding the illicit violates a right of fundamental importance of workers.