Revista Chilena de Derecho del Trabajo y de la Seguridad Social

The inter-american perspective on labor rights and the intersectionality of vulnerable factors: An analysis of the case «Employees of the Santo Antônio de Jesus fire factory and their families versus Brazil»

Victória Scherer de Oliveira, Suzéte da Silva Reis — Sat, 28 Dec 2024 00:00:00 +0000

Despite significant advances in the protection of labor rights, situations of violations are still discussed in Brazil, worsening due to vulnerability factors resulting from structural problems. The country’s conviction before the Inter-American Court of Human Rights in 2020 stimulates this discussion, making its analysis relevant to answer the question: what vulnerability factors aggravate the situation of slave-like labor in the case «Employees of the Santo Antônio de Jesus fire factory and their families versus Brazil», judged by the Inter-American Court of Human Rights in 2020? For this purpose, the method of deductive approach, the method of analytical procedure, and the technique of bibliographic research were used. It can be seen that factors related to race, gender, education, poverty, and low schooling of two workers were identified.

Violation of the contradictory and the broad defense in practice of disability benefits: An empirical study based on the decisions of the justice for the concretization of citizenship of the state of Sao Paulo, Brazil

Rodrigo Monteiro Pessoa, Jair Aparecido Cardoso, Rafael Tomaz De Oliveira — Sat, 28 Dec 2024 00:00:00 +0000

The empirical research allows visualizing institutional practices as a way of evidencing the absence of neutrality of the law and the problems that certain legal matters face in the daily life of the judiciary. This exploratory and descriptive research, by means of the hypothetical-deductive method in empirical research, tests the hypothesis that the justice of the state of Sao Paulo determines the expertise as sovereign, ignoring the medical background of public bodies or technical assistance opinions that differ from the expert report. With this, a non-existent hierarchy of evidence is created in the Brazilian procedural system, distancing the insured members of the social security system from their fundamental right to social security, deciding with superficial, superficial and pseudo-objective criteria. The data reveal that the hypothesis is proven, being a practice that violates not only the right to social security, but also the principle of contradiction and ample defense.

Welfare state, second dimension social rights and social security in Brazil

Sat, 28 Dec 2024 00:00:00 +0000

This study aims to analyze the emergence of social security in the developed world and its contributions to social security in Brazil. The welfare state constituted universal social benefits promoted by the State, ensuring a link between market forces and meeting social needs. The topic is relevant, as social rights and the formation of social security guarantee individuals a minimum existence based on the principle of human dignity. A qualitative method was used through descriptive research. Although in Brazil, the welfare state did not have the same dimension as the welfare state models around the world, it only tried out some social policies. With the promulgation of the Constitution of the Federative Republic of 1988, social security was implemented, but the concern did not suggest actions aimed purely at social and welfare political actions, but rather developmentally and maintaining economic stability.

The role of compliance in promoting equality between men and women in the workplace

Sat, 28 Dec 2024 00:00:00 +0000

Despite women being the majority in the labor market, studies indicate that they still do not significantly occupy management and leadership positions. Women face high rates of sexual and moral harassment, precarious positions, salary inequality and other forms of discrimination, even though they have equal or higher qualifications than men. This research aims to analyze compliance as a tool combined with corporate management, with the purpose of reducing and preventing discriminatory practices and gender-based violence, seeking to promote a more inclusive, fair, respectful, safe and egalitarian work environment. The methodology used was bibliographical review and research, deductive method and historical analysis, which helped to develop the research.

Labor law and meeting basic human needs: A look from fundamental rights

Cleber Lúcio de Almeida, Wânia Guimarães Rabêllo de Almeida — Sat, 28 Dec 2024 00:00:00 +0000

Labor law can be examined from the perspective of its relationship with human dignity, social justice, citizenship, democracy, and legitimization of the capitalist system of production. Still, little has been said about its possible relationship with the satisfaction of the basic human needs of workers, a theme that is addressed in this article, in which the inductive method is adopted, supported by bibliographic and documentary review. The research throughout the article led to the conclusion that there is a close link between Labor Law and the satisfaction of the basic human needs of Brazilian workers and their families and that these needs are defined by Constitution of the Republic of 1988 by granting fundamental rights to workers.

Challenges of the labor process in the digital era: The use of digital evidence and the decisive role of the Superior Labor Court in brazilian judgments

Matheus Ribeiro de Oliveira Wolowski, Polyana Maurer Pascoalin — Sat, 28 Dec 2024 00:00:00 +0000

Technological advances and the increasing digitalization of work relationships have highlighted the complexity of using digital evidence in processes. The study analyzes the use of monitoring tools, such as geolocation, by employers, and the legal implications of this type of practice. The Superior Labor Court in Brazil has been looking into these cases, seeking to establish criteria for the admissibility of digital evidence. However, the main issue is to strike a balance between the employer’s right to control activities and the worker’s right to privacy and dignity. The research adopted the methodology of bibliographic review and empirical analysis of Brazilian judicial decisions to conclude on the topic.