A evolução legislativa portuária e o meio ambiente do trabalho portuário sob a ótica dos direitos fundamentais

Abstract

This work analyzes the need for observance of fundamental rights in the new port work relations, whose essence lies precisely in the recognition and protection of the dignity of the human beings as well as in the fundamental human rights. We defend the idea that work is essential for the guarantee of these rights. Therefore, employment relationships that do not observe fundamental rights and, consequently, do not ensure the existential minimum required, they offend directly the Constitution. In this work, we study these fundamental rights form of incidence by the changes that have occurred over the last twenty years in port work relationships, especially with Law 12.815 of June 5, 2013. We start the work with a discussion about labor within capitalist society. After that, we characterized historically the port odd jobs in Brazil and around the world. Then, we analyze labor under a neoconstitutionalist perspective in order to examine fundamental rights effectiveness in port work relationships