A justiciabilidade dos direitos sociais nas Cortes Internacionais de Justiça: em busca da proteção efetiva do sujeito trabalhador na contemporaneidade

Abstract

The Law is a human system invented in a certain moment in history and in accord with human needs, and it aims to bring about justice understood as substantial equality tool and that necessarily goes through solidifying social rights. In that sense, the straight and completejusticiability of rights is an indispensable measure for the legal rights remedies, and we must achieve an essential evolutionary understanding in order to surpass the reductionism that comes from the ideological conflicts and the conceptual dullness. Starting from the social rightsjuridicitys reviews, the thesis goes on deconstructing the fresh liberal rhetoric of the protection standards, and assembles the theoretical-normative outlines of those rights. After the analysisof the social rights international normativity, including labor law rights, we analyze the challenging scenario of the supranational courts in protecting those rights. That protection must be made through a purposeful and evolutionary interpretation of the national, communitarian, and international norms, placing dignity as the underlying principle to guide all other rights Finally, we search for a concrete protection of the contemporaneous worker, a protection that bans slave and child labor, outlaws discrimination, promotes freedom to unionize, ensures theright to strike, protects the employment, and respects immigrants. For all the above, we expect to make the worker protection in the international scene stronger through the shielding web created by the global and regional systems of human rights, that should work together in orderto bring about effectiveness in that task