O direito ao trabalho como direito fundamental: instrumentos de efetividade

Abstract

Initially, this dissertation discusses the nature of Human Rights, then Fundamental Rights are analyzed and so are the theoretical differences between them.

Later, the right to work is analyzed including its historical evolution until its recognition as a fundamental social human right. Thus, the right to work is analyzed in the constitutions of other countries and its evolution in Brazilian former constitutions until the current constitution dated of 1988 called the Citizen Constitution .

Furthermore, the relevance of Social Rights is demonstrated, mainly the right to work, being a real tool for promoting human dignity (article 1, III of the 1988 Federal Constitution).

In this sense, the meaning of principle under legal theory and doctrine is analyzed and also its differences from rules and the coalition with fundamental principles. The principle of human being dignity is referred and presented as one of the pillars of the Democratic State of Law.

It is also discussed that fundamental social rights must be respected by a Democratic State of Law, since such welfare state aims to improve life conditions and equality among less privileged individuals, in order to achieve social equality, which is one of the basis of the Democratic State of Law (article 1, IV, of 1988 Federal Constitution).

Finally, the need of Welfare States, including Brazil, to implement public policies of full access to work (creation, maintenance and improving job positions) in order to assure social rights and respect the principle of human being dignity, especially during global financial crisis. In other words, if fundamental social rights are not enforced and kept restricted to theoretical, academic and philosophical levels, the Welfare State will be in breach of the Federal Constitution that orders immediate effect of fundamental rights