Relações de emprego no campo: as diversas formas de contratação produtiva
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Data
2010-12-10
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Universidade Federal de Goiás
Resumo
This is a dissertation wich main focus is the study, in the state of Goiás, of the
employments relations in the field and its relateds.The disrespect to the workers rigths
in the field has been perpetuated through the years. Only after the brasilian Constitution
of 1988, rural and urban workers received the same legal treatment. The slavery that
has been present for more than three hundred years can still be found through work
practices that look like it.The arrival of the capitalist relations to rural area brougth more
damage to the condition of the rural worker. The employment relation is a specie of the
work relation itself and, to better contextualize it as a kind of subordinate service
installment, different from the autonomous work and of other forms of subordinate
service contribution, it is described the juridical discipline of the rural employment
contract and of this other forms of service installment. In the last years, it was edited
two laws creating specific rules to discipline the bond of rural employment. Both of them
came from the fact that the demand of labor in the, nowadays, occurs in specific steps of
production. The increase of productivity, caused by the modernization of agrarian
activities raises the efficience of the system, but reduces the creation of employment. It
does not necessarily implies the increase of work posts. Therefore, the biggest problem
faced today, related to the emloyment in the rural area, is the bóia fria employee.
Miguel Reale s Three dimension theory of Rigth sees the rigth as a normative
integration of fact according to values. It allows an explainable analises of the rural
employment problems, containing the elucidation of the conditions that came from the
historical process and from the productive recovering, to, in the next step, analise the
work law undestood in its three meanings: fact, value and norm, based in the
constitutional principles of social function of the rural land and the dignity of human
been. At the end, it is concluded that the question of work in the field goes far away from
the work area. It depends of cultural changes and of the land distribution. Without a
vision of the employee as a dignous human been, wich implies the fullfielment of the
social function of the land, and without a better distribution of it, it is not possible to solve
this problem. At last, it is analised the perspectives that shows themselves to the rural
employees in Goiás. This dissertation is built up in three chapters. The first one, in
which is related the history of Brasil and Goiás and a study about the production ways in
this period. The second one, when the services types autonomous and subordinate -
are characterized and is described the legal and judicial treatment, due to the
expenditure of labor, in the various ways in which it is presented, focusing on the work of
rural employees. The third chapter, in which is analyzed the situation of the rural
employee, focusing the rural employee in Goiás, in view of the principles of social
function of rural property and dignity of the human being, from the perspective of the
Tridimensional Theory of Law of Miguel Reale.
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Citação
FLEURY, Maria das Graças Prado. Employments relations in the field: the varius ways of recruitment end productive reestructuring. 2010. 266 f. Dissertação (Mestrado em Ciências Sociais Aplicadas - Direito) - Universidade Federal de Goiás, Goiânia, 2010.