Lex Humana (ISSN 2175-0947)

CURRENT SOCIAL STRUGGLES FOR HUMAN RIGHTS IN THE WORLD OF WORK

2025-04-12T22:59:57+00:00

Esta reflexão sobre o potencial emancipatório dos direitos e do trabalho não alienado, à luz da filosofia do direito e da sociologia do trabalho, questiona a relevância das lutas por direitos humanos no contexto do mundo do trabalho, propondo que as demandas sociais são ferramentas essenciais da classe que vive do trabalho na busca por uma existência digna. Com base em pesquisa teórica, bibliográfica e descritiva, conclui-se que os embates são fundamentais para atenuar a precariedade e impulsionar a consciência coletiva da classe a ponto de ir além da litigância por direitos, postulando a superação do capital e o fim da exploração e da opressão.

Palavras-chave: Lutas sociais, Direitos humanos, Trabalho, Precariedade, Consciência de classe.

STF THEME 1118

2025-04-24T14:35:29+00:00

This article analyzes STF’s Theme 1118, which redefined the public administration’s subsidiary liability in outsourcing. The research discusses the historical evolution of outsourcing in Brazil, the impacts of the STF’s decision on the burden of proof distribution, and the consequences for outsourced workers' access to justice. It is argued that the decision represents a setback in labor protection by shifting to the employee the obligation to prove a negative fact. As an alternative, the article proposes legislative and procedural solutions that could mitigate the effects of this change, ensuring greater balance in the public administration’s accountability.

THE APPROPRIATION OF THE CONCEPT OF CONTEMPORARY SLAVERY PRESENT IN THE PLC 12/2024 AND THE RISK OF TRIVIALISING VIOLENCE IN LABOUR RELATIONS IN THE ERA OF INDUSTRY 4.0

2025-04-27T21:25:58+00:00

This is a critical study of the Complementary Bill number 12/2024 launched by the Lula - Alckimin government, with the aim of establishing a category of workers intermediated by companies - platforms. The legislative project offers a concept, obligations for workers and companies, as well as establishing parameters for calculating working hours, wages and the payment of social security contributions. Among the suggested concepts, it is proposed that companies adopt principles such as transparency, reducing the risks inherent in work, eliminating all forms of discrimination, violence and harassment at work, and eliminating work analogous to slavery. In this way, taking into account the contradictions between the legislative proposal and the various studies that have already been published, which go beyond the need to conceptualise drivers as employees or self-employed, this study will focus on pointing out the perversity of the legislative proposal to extend the eradication of slave labour in principle, especially in jobs forged in the era of Industry 4.0, of which Uberisation stands out as the greatest exponent. We hope to conclude that the concept of slavery is sovereign, indicating the risks of reducing it to a principle in order to trivialise violence in labour relations.

THE END OF THE 6x1 SCHEDULE

2025-05-08T13:31:38+00:00

The article discusses the growing proposal to abolish the 6x1 work schedule in Brazil, replacing it with the 4x3 work schedule, advocating for the undeniable benefits for workers seeking a dignified life outside the professional environment. The exhausting routine of the 6x1 schedule, legally supported by the CLT (Consolidation of Labor Laws) and the Federal Constitution, prevents adequate rest and work-life balance. Constitutional Amendment Proposal (PEC) No. 8/2025, filed by Federal Deputy Erika Hilton, aims to amend the Federal Constitution to implement the 4x3 work schedule, reducing the weekly workload from 44 to 36 hours while maintaining the 8-hour daily limit. Based on a theoretical, bibliographic, and descriptive investigation, it is concluded that the abolition of the 6x1 schedule and the implementation of the 4x3 schedule represent a quest to balance labor exploitation, prioritizing the well-being and quality of life of workers without necessarily compromising economic efficiency. Overcoming the microeconomic view of immediate costs on the part of employers is crucial to recognize the macroeconomic benefits of a more humane work schedule. However, the effectiveness of this change depends on a multifaceted approach involving the regulation of overtime and wage appreciation policies, ensuring that the reduction of the work schedule promotes a fairer and more sustainable social and economic development.

THE QUALITATIVE DEFINITION OF THE EXPRESSION ‘LARGE CIRCULATION’ IN PRECEDENT 448 OF THE TST AS A MEANS OF GUARANTEEING THE PHYSICAL INTEGRITY OF THE WORKER

2025-04-29T22:08:57+00:00

This study was carried out with the aim of identifying the requirements necessary to consider a sanitary installation as a large circulation area, given that Brazilian jurisprudence and doctrine have not yet reached a consensus. A literature review was therefore carried out, and the data was interpreted using a qualitative approach. As a result, it was found that, for the purposes of granting the unhealthy working conditions bonus, what should be taken into account is not the number of people who may use public toilets, but the nature of the biological agents present in the place.

LABOR LAW AND THE RIGHT TO PERSONALITY AS INSTRUMENTS OF EQUITY AND THE FIGHT AGAINST RACISM

2025-05-02T20:34:32+00:00

The article proposes a scientific and critical approach to labour and racism in the exclusion of the black population from the labour market. It highlights the need for labour law and the justice system to consider that legal labour protection must prioritise human beings and their activities. The reflection also argues that the exercise of citizenship, understood as social belonging and access to the civil, political and social rights provided for in the Constitution, is directly linked to the right to personality, which has work as one of its fundamental elements, something that is still not fully guaranteed to the black population.