Banca de DEFESA: DANIEL CAVALCANTI MAGALHAES

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : DANIEL CAVALCANTI MAGALHAES
DATE: 30/04/2024
TIME: 17:00
LOCAL: Ambiente Virtual
TITLE:

THE CONVENTIONALITY CONTROL OF THE LABOR REFORM OF 2017 BY THE NATIONAL CONGRESS

KEY WORDS:

conventionality control, national congress, labor reform, legislative process, prior control.

PAGES: 147
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The conventionality control mechanism is a process that checks the compliance of domestic laws with international Human Rights norms. This mechanism seeks to ensure that national legislation is aligned with international commitments, especially regarding human rights. In Brazil, the conventionality control gained importance with the jurisprudence of the Supreme Federal Court (STF) and Constitutional Amendment No. 45/04, which granted constitutional status to international Human Rights treaties. This process is essential for the protection of fundamental workers' rights, as established by international and regional norms, including the conventions of the International Labour Organization (ILO). However, this leads to a significant research question: what was the role of the Brazilian Legislative Power in exercising preventive conventionality control during the approval process of the 2017 labor reform, and to what extent did this control seek to align the proposed legislative changes with Brazil's international commitments related to workers' rights? As a hypothesis, it is initially considered that there are indications that the Brazilian Legislative Power exercised preventive conventionality control during the approval process of the 2017 labor reform, seeking to ensure that the legislative changes were in line with Brazil's international commitments regarding workers' rights. However, the effectiveness and scope of this control may vary, requiring a detailed examination to assess its effectiveness in protecting labor rights in the context of the reform. The general objective is to investigate whether, during the processing of the said reform, such control was applied by the Brazilian Legislature. This examination is essential to understand how Brazil, as a State party to various international human rights treaties, integrates these commitments into its domestic legal order, especially in sensitive areas such as social and labor rights. As methodological procedures for the investigation of the preventive conventionality control applied by the Brazilian National Congress to the 2017 labor reform, a methodology that uses basic nature research, theoretical type, qualitative approach, deductive method, descriptive objective, and bibliographic and documentary technical procedure is adopted, based on the sociological method of interpreting the Law. The justification for this study lies in the importance of evaluating the Legislative Power's respect for international law and ensuring the compliance of national laws with the country's commitments. The results point to a gap in the exercise of conventionality control by the Legislative Power, compromising the compliance of legislative changes with the country's international commitments. Thus, in conclusion, the need for more robust mechanisms and more transparent legislative processes to ensure Brazil's adherence to its international obligations and reinforce the protection of workers' rights is highlighted, contributing to the legitimization of laws in a democratic society and strengthening Brazil's international reputation as a defender of human rights.

COMMITTEE MEMBERS:
Interna - 1259912 - RENATA OLIVEIRA ALMEIDA MENEZES
Externo à Instituição - SILVIO BELTRAMELLI NETO - PUC-CAMPINAS
Presidente - 2527208 - THIAGO OLIVEIRA MOREIRA