A Representação dos empregados nas empresas como um direito fundamental

Abstract

Fundamental Rights in the Constitution are positivized. Brazil is a member of the International Labour Organization since its creation in 1919.During all these years the country has incorporated into its various law Conventions and Recommendations. But it is not applying the appropriate measures in their functionings. Even the Convention 135 was ratified by Brazil since 1991, has not been properly implemented. The guarantee of fundamental direct workers is very important subject in right of contemporary work. This paper is a critical analysis of the restriction on the application of Article 11 of the CF/88. Although the issue is already known, it has been constantly addressed by labor agencies, especially the MPT and the specialized scholars. It is immediate effectiveness of the device constitutional. The study discussed in this paper, it is concluded that the lack of effectiveness it is an unconstitutional restriction as a result of normative imperative and under the Constitution.