Trabalho prisional e a (im)possibilidade de aplicação do regime celetista

Abstract

The purpose of the present study is to analyze the possibility of applying the Consolidação das Leis do Trabalho (CLT) [Consolidation of Labor Laws] rules in the context of prison work. To accomplish with the mentioned analysis, remarks concerning the emergence of labor and prison will initially be made, demonstrating their close links with the capitalist economic model; how both were developed in Brazil and how they are established in the Brazilian legal system. In this context, it will be demonstrated the existence of favorable and unfavorable currents for the application of the CLT regime to imprisoned employees, as well as the jurisprudential positions sustained in the Brazilian Superior Courts (TST, STJ and STF), to answer, finally, the question if it is possible or not the application of the Consolidação das Leis do Trabalho (CLT) rules in prison work.