O trabalho decente como direito humano: por uma fundamentação teórica com base no pós-positivismo jurídico

Abstract

This dissertation aims to analyze human rights towards decent work in the light of the legal post-positivism, carrying out a theoretical and practical research. The study encompasses the notion of working in an interdisciplinary context involving a historic route, a philosophical consideration and a legal sense of the value of work. It also contemplates the various meanings of the term “work”, including the antiquated association to punishment and suffering and also to move towards an idea linked to dignity, currently being an instrument for the understanding of the human essence itself, especially since the connection is now inseparable, and therefore, the term “decent”. In this context, decent work is examined from the viewpoint of human rights, including the quotation of international standards which outlines the scope of that concept. It is formulated, still, a classification containing a list of negative assumptions (cast of obstacles defined by the International Labor Organization to the achievement of an initial threshold for a minimally decent job) and some positive requirements (elements that need to compose the employment relationship in order to reach a really decent job). And finally, from the concept that decent work should be treated as a hard case, an examination is made from some judicial decisions dealing with issues related to decent work, theoretically based mainly from the works of Ronald Dworkin and Robert Alexy. Thus, one attains a double purpose: to contribute to the academic discussion and to serve as input to the jurisprudential debate about the subject.