Direito social ao lazer no âmbito das relações de emprego: uma análise à luz dos Direitos Humanos

Abstract

Although right to leisure as a human right provided in international statements, pacts, and treaties, debates around the issues are widely scarce and incipient. As for the working class, there’s still need of leisure as a fundamental right conscious, either for the right to work, and the ways for its guarantee. Also, compensation and reparation for its violation in order to promote balance in the equation work versus leisure. This research aims to verify how the fundamental right of leisure is applied in labor relations. The methods are historic and deductive. From the recognition that social reality and human rights are historic, a general premise that conception and definition of leisure as a human right is taken by the theory. The general premise is followed by a minor premise that for the achievement of this right tutelage through reparation, specifically through moral hazard compensation, should be taken into account. Bibliographic and documentary research was held to define sociological and legal conceptualizations to the right to leisure, theoretic notes about Human Rights, social fundamental rights, besides historicity of leisure, its insertion in the pool of Human Rights, its contributions to workers and to labor relations, and reasons for its prevention in labor journeys. Results after analyzing laws demonstrate that the fundamental right to leisure, although an positive human right, still lacks a solid legal definition and effective application in the daily life of workers. Therefore, sues with moral harassment for right to leisure aren’t always efficient to compensate the employer for suppressing such worth right.