O Brasil representado na OIT: estudo de casos

• Autor(a) principal: Gradvohl, Marina Brasil
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/41441
• topic: Direito Internacional; Trabalho; Brasil

This paper proposes to study the way in which Brazil is bound to and applies the standards edited by the International Labour Organization, mainly concerning its Conventions. Hence, we intend to evaluate the degree of binding Brazil has to these standards, what is their obligation, and in which form their application has effects in the national plan, considering the relevance labour law has in the realization of human rights and social justice. For this purpose, we utilize qualitative approach of the objects, by exploratory and descriptive study. The method is inductive, going from the particular to the general, and dialethic, in search of international law’s and Brazilian labour law’s theses and antitheses, making bibliographic, documental and case study research. Thus, we address firstly the efficacy of Public International Law in general, to, in a second moment, analyse deeper the ILO, the standards it develops, the methods of supervision about their application in the countries, in preventive and repressive forms, in addition to offering technical assistance for adequacy to each national context. In the end, two cases of representation against Brazil, in ILO, were studied, one developed with common procedure and one with the Freedom of Association Committee procedure, both under allegations of violation of ILO’s Conventions. As results, it was found that Brazil, as a member state, is directly bound to ILO’s Conventions, even those it has not ratified. As concerns the consequences of the violations, we notice that the adoption and publication of recommendations is enough to make the country adjust its conducts to the standards expected by ILO in each case. Therefore, the paper concludes that the realization of decent work in Brazil, broadened to the international community, passes through the minimal labour standards developed by ILO and its efforts in controlling and applying in the best way possible such standards, through preventive and contentious procedures, in addition to technical assistance to requesting countries.