Relação de emprego na Guiné-Bissau após- abertura democrática de 1994, e no Brasil pós-reformas trabalhistas de 2017

Abstract

The main objective of this dissertation is to carry out a comparative study between the material labor law of Guinea-Bissau, in the light of its legal system and the material labor law of Brazil, through its labor legal instrument. Without prejudice to make critical analysis of the judicial system, looking at the difference, proximity and the advances achieved in each legal system. The theme under analysis addresses subordinate labor relations in Guinea-Bissau, after democratic opening in 1994 and in Brazil after labor reforms in 2017. To the problem that arises in the research, aims to understand, To what extent and how are the fundamental guarantees of the worker in Guinea-Bissau and employed in Brazil, in the light of the violation of the employment relationship? As is well known, it is not intended to study all the legal institutes that constitute the materiality of labor law, but it is sought to study only certain institutes that reveal interest in research, among which the following stand out: Protection, safety and hygiene to the work environment, Right to rest and paid vacations, Freedom of association and right to strike and Arbitrary or unjust dismissal. Given the approach of these institutes in comparison, it is understood that the exercise of the fundamental rights and guarantees of workers in Guinea-Bissau is quite precarious. Although there are certain advances in the chapter of conclusion of the employment contract, which does not give any margin to the employer, when he wants to be exempt from contractual liability. However, from the above, it is concluded that the protection of the rights to work and the implementation of fundamental guarantees is non-existent in Guinea-Bissau. In relation to the reform carried out in 2017 in Brazil, it is noted that it brought many gains for employees, generally reinforcing the security in employability, through the adoption of certain clear measures that guarantee employees job stability. It is known that the comparative study will help to better understand the thinking of the constituent and the infraconstitutional legislator of each State, on the protection of the right to work, in relation to the legal institutes in comparison. In this study, the inductive method was adopted, which is associated with bibliographic research, interpretations of constitutional texts and other ordinary laws, and eventual analysis of jurisprudence.