Jornada de trabalho versus direito ao lazer

Abstract

This monograph deals with the right to leisure guaranteed by the Federal Constitution as a fundamental right , analyzing its social function and the problems surrounding the employment relationship in accordance with the present organization of society . Aims to demonstrate that the hours of work increasingly without limits violate this Constitutional right and end up depriving the employee of the same away from the increasingly social life and family life . Search will also highlight the concern for the health and productivity of workers , especially those who are under the aegis of Article 62 of the Labor Code , which can be considered a grievance to the constitutional right to leisure , since the same allows no control of working hours in the employment relationship of those who exercise outside activity incompatible with the setting of working hours and managers , exercentes management positions . For some workers still holiday periods and rest sometimes mean extra work due to the need to complete the family budget , which takes them the possibility of leisure , which fails to meet and ensure the dignity of the human person and thus undermines the values of life and the foundations of the Federative Republic of Brazil . The journey does not control or its relativization to capital ratio is an affront to the constitutional right to worker's leisure . It is understood that leisure is a fundamental unavailable, and must be respected by all , even by their own holder , who is not entitled to dispose of it . In developing this work , a comparative analysis was delineated between the duration of working hours scheduled in the Consolidation of Labor Laws and the right to leisure , guaranteed by the Constitution of the Federative Republic of Brazil and found that excess journey offends the right to leisure , constituting an illegal act which is appropriate compensation for repairing damage caused possibly