Labour reform in brazil: the conventional supremacy and the duty of protection of human rights for the judiciary

Authors

  • Tiago Muniz Cavalcanti
  • Juliana Teixeira Esteves

Abstract

Brazil is going through a moment of political and institutional crisis and the adoption of corrosive policies to human rights. More than ever before, the Labour Judiciary must exercise its role as the guardian of these rights and as the protector of the dignity of the common working person. The main purpose of this article is to analyze the diffuse control of conventionality as an instrument for the protection of the human rights and, above all, to examine the conformity of the so-called «labour reform« with international treaties and conventions. Through the study of the decisions of the Inter-American Court of Human Rights, the research shows that it is the duty of the judiciary to protect and to make effective human rights, especially in times of discredit and uncertainty by the Legislative with the consent of the Executive.

Keywords:

Human rights, labour rights, Protection, Labour reform, diffuse control of conventionality