A atuação da Corte Interamericana de Direitos Humanos na consolidação de standards mínimos de tutela dos trabalhadores na América Latina

Abstract

In the current context of globalization, characterized by the intensification of the flows of people and capital and by the formation of a network society, it is observed that capital has been subordinating work and reconfiguring the position of National States, which have come to play a role increasingly closer to “business business managers”, insofar as they have been promoting the progressive deregulation of the labor market and the flexibilization of labor rights. In this scenario of precariousness of workers' rights, the international protection given to labor rights within the scope of human rights protection systems is of paramount importance, defining a minimum level of social labor rights to be guaranteed. In this way, based on the Inter-American System of Human Rights, this research investigates the role of the Inter-American Court of Human Rights (IDH Court) in the defense of social labor rights in Latin America, seeking to answer the following problem: to what extent Can the action of the Inter-American Court contribute to the protection of workers' rights in Latin America? To answer this question, after making a brief approach about the alternation of values and meanings attributed to work over time and about the subjection of work to the interests of capital, with emphasis on Latin America, the international protection granted is presented. to labor rights by the United Nations System and the Inter-American Human Rights System. Next, the performance of the Inter-American Court of Human Rights in the defense of labor rights is examined through the application of human rights regulations of the aforementioned Systems, forging minimum labor standards, which were systematized in this dissertation into 12 themes. In the end, it is concluded that the Inter-American Court supports the promotion of decent work and the protection of the rights of workers in Latin America, insofar as it builds, from the exercise of its consultative and contentious functions, standards Inter-American labor rights that constitute a minimum level of social labor rights to be observed, guaranteed and promoted by the signatory States of the American Convention and, especially, by the States that have accepted the contentious jurisdiction of the Inter-American Court of Human Rights, through the exercise of the dialogic and pluralist technique of the conventionality control. Regarding the scientific methodology, the research is exploratory, with a hypothetical-deductive approach method and, as for the procedures, the research is bibliographic and documentary.