Research Handbook on Labour, Business and Human Rights Law
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Research Handbook on Labour, Business and Human Rights Law

Edited by Janice R. Bellace and Beryl ter Haar

Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.
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Chapter 4: Fundamental labour rights in Brazil: challenges and developments

Ana Virginia Moreira Gomes

Abstract

This chapter examines the legal protection of labour rights as human rights in Brazil. The chapter starts by analysing the path to the constitutional recognition of labour rights, and considers its peculiarities due to the country’s social and economic development. Next, it discusses two current challenges for the protection of fundamental labour rights: a 2017 labour law reform that changed major aspects of labour law and the absence of full recognition of freedom of association. The last part of the chapter considers two aspects of the fundamental rights constitutional system that have strengthened the protection of fundamental rights at work: the efficacy of individual rights and freedoms in the employment relationship and the constitutional juridical status of human rights treaties. This analysis will provide an overview of the state of protection of human rights at work in Brazil and the challenges in making progress towards meeting ILO and other standards.

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