ILO Conventions: incorporation and impacts on domestic law and the international responsibility of the State / Convenções da OIT: incorporação e impacto na ordem jurídica interna e a responsabilidade internacional do Estado

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

While the existence of human rights is confused with the existence of civilization itself, this evidence is not present concerning the recognition and protection of such rights. In the context of protection of human rights, in particular the material and spiritual progress of human beings, their freedom and dignity, the International Labor Organization (ILO) emerges in 1919 as a pioneer organization, by the Treaty of Versailles, as part of the League of Nations, document which preceded the Universal Declaration of Human Rights, promulgated by the United Nations only on 10 December 1948, considered a milestone in the recognition and systematization of the basic universal human rights. In Brazil, this process gained momentum with the redemocratization started in 1985 that culminated in the Federal Constitution of 1988, which listed human dignity as the foundation of the Federative Republic of Brazil, established the prevalence of human rights as fundamental principle, as well as expanded the list of fundamental rights and guarantees to include the social rights of workers. This awareness of the value of human beings and respect for their dignity regardless of their origin, color, race, nationality enabled a look at human rights as universal rights, context in which international treaties acquire unique importance. This work proposes a study on international treaties, in particular the ILO Conventions, their ratification, impact on internal order, accountability of the State, and the necessary reorganization of the institutions to make reality in our country the international laws, protecting the human person of the worker, to which the Brazilian State, in the exercise of its sovereignty, has subscribed. The Masters thesis has interdisciplinary nature because of the interface between Public International Law, International Labor Law, Constitutional Law, Human Rights and Labor Law. The research considered the ILO Conventions ratified by Brazil, their fulfillment and the commitment of the State in light of constitutional and international laws from the perspective of respect for the human dignity of the worker and international accountability by the commitments made by the country. It was concluded that the ratification of ILO Conventions by the Brazilian State has not been such as to give the worker the rights and guarantees established in international laws and by inefficiency of existing monitoring mechanisms and consequently by the need for new instruments that result in the effective accountability of the State

ASSUNTO(S)

human rights direito direito internacional privado -- contrato de trabalho organizacao internacional do trabalho tratados internacionais ilo conventions international labor law convenções da oit international treaties direitos humanos responsabilidade internacional do estado tratados international responsibility of the state

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