As convenções da OIT no ordenamento jurídico brasileiro à luz do tripartismo

• Autor(a) principal: Zapata, Sandor Ramiro Darn [UNESP]
• Data de Publicação: 2014
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UNESP
• Texto Completo: http://hdl.handle.net/11449/128181
• topic: Organização Internacional do Trabalho; Direito; Direito internacional público; Direitos humanos - Brasil; Direito do trabalho; Ordem jurídica; Direitos fundamentais; Law

This work addresses the ILO Conventions in Brazilian legal system in the light of tripartism. Initially, it is noted that ILO Conventions are international treaties produced by an association of government's, workers's and employers's representatives, and that these international legal instruments, mostly deal with human rights, because their content is equiparable with the Universal Declaration of Human Rights (1948), with the UN Covenants (1966) and with principles of human rights (human dignity, freedom, equality and solidarity). From inicial analysis, it is argued that the rights provided in the ILO Conventions which concern human rights, when incorporated into the national legal system, become defining standards of fundamental rights and guarantees and constitutional rule. Furthermore, certain social fundamental labor rights under CF/88 that correspond to the ILO Conventions on human rights, are identified in this study, emphasizing the character of ―social freedoms‖. It is noted that despite the ILO Conventions n °. 151, 167, 176, 178 and 185 have been duly ratified by Brazil after the term of the Constitutional Amendment nº. 45/04 were not approved in accordance with the qualified quorum, provided for in Article 5, § 3 of CF/88. Moreover, the jurisprudence of the Tribunal Superior do Trabalho and of the Supremo Tribunal Federal are discussed, specifically on decisions involving the application of the ILO Conventions n. 132, 158, 162 and 169. Regarding tripartism in Brazil, electronic correspondences were forwarded to the Escritório da OIT no Brasil and to the Ministério das Relações Exteriores, inquiring on the discussion process and the form of participation of the Brazilian state in the preparation of the ILO Conventions. We also investigated actions and internal planning of major national organizations involved with the adoption of the ILO Conventions not yet ratified by...