Moreira Gomes, Ana Virginia --- "Fundamental labour rights in Brazil: challenges and developments" [2019] ELECD 1591; in Bellace, R. Janice; ter Haar, Beryl (eds), "Research Handbook on Labour, Business and Human Rights Law" (Edward Elgar Publishing, 2019) 50

Book Title: Research Handbook on Labour, Business and Human Rights Law

Editor(s): Bellace, R. Janice; ter Haar, Beryl

Publisher: Edward Elgar Publishing

Section: Chapter 4

Section Title: Fundamental labour rights in Brazil: challenges and developments

Author(s): Moreira Gomes, Ana Virginia

Number of pages: 19

Abstract/Description:

This chapter examines the legal protection of labour rights as human rights in Brazil. The chapter starts by analysing the path to the constitutional recognition of labour rights, and considers its peculiarities due to the country’s social and economic development. Next, it discusses two current challenges for the protection of fundamental labour rights: a 2017 labour law reform that changed major aspects of labour law and the absence of full recognition of freedom of association. The last part of the chapter considers two aspects of the fundamental rights constitutional system that have strengthened the protection of fundamental rights at work: the efficacy of individual rights and freedoms in the employment relationship and the constitutional juridical status of human rights treaties. This analysis will provide an overview of the state of protection of human rights at work in Brazil and the challenges in making progress towards meeting ILO and other standards.