Trabalho a domicílio e o princípio da dignidade da pessoa humana : um estudo sobre a legislação trabalhista brasileira e a convenção 177 da OIT

Abstract

This research investigates the domestic labor from the viewpoint of the principle of human dignity, studies the Brazilian and international legislation, making a comparison between the two laws, the study is motivated by the important lack of literature that deals specifically the domestic labor Brazilian and internationally as well as the lack of standards that oversee the theme. The problem of labor is characterized when the legislature in Article 6 of the consolidation of labor laws states that there is no discrimination between employee conventional and the home, however, to legislate so generalizes the two situations and does not provide effective instruments for achieving of distinction and protection to the employee at home. To perform this work, we used the literature review and logical-deductive method, proposed by the rationalists Descartes, Spinoza and Leibniz presupposes that reason alone can lead to true knowledge, the theoretical framework of the study bolsters the principle of the dignity of human person. In the first chapter we discuss the historical evolution of domestic labor and employment law in Brazil, the social division of labor according to Marx's assumptions, the concepts of work at home, the self-employed and teleworking. In the second chapter we define and analyze the requirements that characterize the employment relationship, we also studied here, and the legal nature of the employment relationship. In the third chapter began with the history of the International Labour Organisation and posteriromente analyze the domestic labor in Brazil and the relationship between the domestic labor as the ILO and the CLT.