O princípio da proteção no âmbito do direito do trabalho marítimo brasileiro

• Autor(a) principal: Geremias, Homero Wanderson Luiz
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/144647
• topic: Princípio da proteção; Trabalho marítimo; Direito do trabalho marítimo; Principle of Protection; Maritime Labor; Maritime Labor Law; Direito

Principles are the pillars of the legal system and can be general or specific. The Principle of Protection of the Worker is a specific principle of Labor Law, con-sidered the backbone of this branch of Law. Maritime work is a global activity that submits the worker to a regime of painful work, therefore requiring legal protection. The present work aims to verify if the principle of protection is fully applied to the Maritime Labor Law. The research adopted regarding the nature of the research is applied; from the point of view of approaching the problem, it is qualitative; as to the objectives, it is explanatory; and from the point of view of technical procedures, it is a bibliographic research. Maritime work is carried out on board ships, which have the territoriality of the ship's flag State. Thus, there is a dilemma as to who would be the jurisdiction in the disputes of labor contracts, on foreign-flagged ships sailing in Brazilian waters, whether Brazilian law or the law of the ship's flag should be applied. The existence of the Labor Law is only possible in a reality of worker protection. Thus, this work analyzed the decisions of the High Court of Labor on lawsuits related to employment contracts of Brazilians and residents in Brazil, working on board ships of foreign flags. Studies of jurisprudence demonstrate that there is a lack of unifor-mity in decisions on the Brazilian competence to judge the dispute and, consequently, the Principle of Protection of the Worker is removed. The present work does not intend to exhaust the subject, but to serve as an introduction and contribution to the discussion of the subject, so important for the maritime worker.