Abstract

PRADO, Rafael Clemente Oliveira Do. The necessity ratification and incorporation by Brazil of the Convention 189 of the International Labour Organization (ILO) on Decent Work for Domestic Workers. Rev. latinoam. derecho soc [online]. 2013, n.16, pp.147-178. ISSN 2448-7899.

This article aims to discuss the incorporation of the main 189th Convention of the International Labour Organization (ILO) which establishes Decent Work for Domestic Workers in the Brazilian legal system. As an international labor standard, the Convention has the challenge to expand and protect the rights of that category, in this case the domestic inter-Member States of the ILO. The methodology used for this article is the legal method, based on the search in the international and Brazilian doctrine about the issue to determine if it is really necessary to amend the Federative Republic Constitution of Brazil to ensure effective rights to workers and domestic workers by the new Convention. By observing the incorporation of international treaties into Brazilian domestic law, one can say that the reception of an international standard of work has, at least in the Brazilian constitutional system, major deployments by configuration of the classical model of hierarchy of norms. Thus, the discussion will arise in the incorporation of this international standard labor based on the principle of the primacy of the most favorable rule, where the principles brought by 189th Convention may be incorporated both in constitutionally and in an ordinary law, and in the last case, not always looking for more flexible or impair the spirit of the Convention itself.

Keywords : Household workers; international labour law; International Labour Organization (ILO); Constitution; Brazil.

        · abstract in Spanish | French     · text in Spanish     · Spanish ( pdf )